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SDR1996-00010 SDR96 - 0001O PERS OFFICE BUILDING £XTE NOTICE OF DECISION Alt■ SITE DEVELOPMENT REVIEW (SDR) 96-0010 Zell" CITY OF TIGARD SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING SECTION I: APPLICATION SUMMARY CASES: FILE NAME: PERS OFFICE BUILDING Site Development Review SDR 96-0010 Sensitive Lands Review SLR 96-0001 PROPOSAL: The applicant has requested: 1. Site Development Review approval of a 60,082 square foot Public Administrative Agency use. 2. Sensitive Lands Review to perform landform alterations on areas of the site in excess of 25% in slope. 3. The applicant has also requested a Tree Removal Permit for portions of the site that are Sensitive Lands. APPLICANT: Public Employees Retirement Board OWNER: Same P.O. Box 73 Portland, OR 97207-0073 COMPREHENSIVE PLAN DESIGNATION: Commercial Professional (C-P). ZONING DESIGNATION: Commercial Professional (C-P). LOCATION: 11308 SW 68th Parkway; WCTM 1S1 36DA, TAX LOT 101. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.80, 18.84, 18.92, 18.96, 18.100, 18.102, 18.106. 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. 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. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 1 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to issuance of the building permit, a public improvement permit and compliance agreement is required for this project to cover the construction of the public storm drainage line across the site and the sidewalk in SW Haines Street. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, that are available at City Hall. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee, and a sign installation/streetlight fee are required. 3. Prior to issuance of the building permit, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on, and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. If such an agreement already exists, the applicant need only to submit a copy of the recorded document to the Engineering Department. 4. Prior to issuance of the building permit, the applicant shall coordinate with the property owner to the north concerning the dedication of an additional public sanitary sewer easement to cover the existing sewer line that extends across the adjacent parcel to serve this site. The City can provide the necessary forms to complete this task. The easement shall be reviewed and approved by the City. 5. Prior to issuance of the building permit, the applicant shall verify the location and depth of the 8-inch sanitary sewer lateral that will serve this site. 6. Prior to issuance of the building permit, the applicant shall dedicate an easement for the new public storm drainage line across the site. The City will provide the necessary forms for this task. The easement shall be reviewed and approved by the City. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 2 7. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 9. The following additional information, site and/or landscape plan revisions shall be provided (The staff contact for completion of these conditions is Mark Roberts, Planning Division): A. The plan shall be revised to provide a minimum of a 26-foot of setback from the building to SW 68th Parkway. The building height may also be reduced this area to a maximum of 45 feet in height. B. The applicant shall revise the plans to screen the loading area from view. A fence, wall, or landscaping may be used for this screening. A combination of a berm and shrubs may also be used. The screen shall not be constructed within the Clear Vision Area at the intersection of the existing and proposed driveways. C. The plan shall be revised to provide no more than 69 of the parking spaces as compact spaces. D. The applicant shall enter into a joint access and maintenance agreement for the shared use of the existing driveway onto SW 68th Parkway. E. The applicant shall provide plan details concerning the protection of proposed plantings from vehicular damage. F. The applicant shall provide a copy of the finished architectural elevations that demonstrate that all rooftop equipment is screened. G. The applicant shall widen the walkway from SW 68th Parkway where it is joined by parking spaces by a minimum of one-foot. H. Due to daily site servicing issues the applicant shall provide written approval from the franchise hauler regarding the facility location and design. The applicant shall provide a joint access and maintenance easement agreement to use the existing driveway. J. A minimum of 731 caliper inches of trees shall be mitigated on-site or at another site. The applicant may also make a payment to the City for the cost NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 3 of purchasing and planting the equivalent numbers of trees into a City-wide tree fund. K. The applicant shall provide protection measures for the trees to be preserved. The applicant shall also provide a report prepared by the consulting arborist stating that all required protection measures for the preserved trees have been installed. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The site is presently vacant and has been designated for Commercial Professional use since the Comprehensive Plan was adopted in 1983. Vicinity Information: The property is adjoined by the Interstate 5 Freeway to the east. The property is adjoined by the Key Bank facility to the north. To the south the property is adjoined by a mixture of residential and commercial uses. To the west the property is adjoined by the Oregon Education Association's facilities. Site Information and Proposal Description: The site is heavily treed and slopes towards the Key Bank Property to the north. Street improvements are constructed along the SW 68th Parkway frontage. Street improvements are partially constructed at the intersection of SW 68th Parkway and SW Haines/Atlanta Street. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to build a professional administrative office for use by the Public Agency responsible to administer the Public employees retirement. This use is classified in Code Section 18.42 (Use Classifications) as a Public Administrative Agency. Section 18.64.030(A) lists Public Administrative Agencies, as a permitted use in the Commercial Professional Zoning District. Dimensional Requirements: Section 18.64.050 states that the minimum lot area for each building site unit in the Commercial Professional Zoning District is 6,000 square feet. Developments within the Commercial Professional Zoning District are required to provide a minimum of 15% landscaping. The development site is 4.02 acres in size NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 4 and exceeds the minimum size requirement of the Commercial Professional Zoning District. The proposal provides landscaping over 86,048 square feet or 49% of the site. This complies with the landscape coverage requirements. Setbacks: Section 18.64.050 states that for no minimum setbacks apply other than the Parking Lot Screening Standards of Section 18.100 and the Clear Vision standards of Section 18.102 The maximum building height is 45 feet. Section 18.98.020(A) (Building Height Exceptions) allows any building within a non-residential zoning district to be developed up to a height of 75 feet provided that the following development criterion are met; 1) The total floor area of the building does not exceed 1-1/2 times the area of the site; 2) The yard dimensions are equal to 1/2 of the building height of the principal structure; or 3) The structure shall not abut a residential zoning district. Compliance with parking lot screening and Clear Vision standards is reviewed elsewhere within this report. The principal building elevations state that a height of 52 feet is proposed. Although the building exceeds the 45-foot height standard, it can be revised to comply with the exceptions allowed under Section 18.98. The design complies with Criteria 1 in that the floor area of the building at 60,082 square feet, does not exceed 262,667 square feet or 1-1/2 time the site area of 4.02 acres. The proposed building setbacks comply with Criteria 2 with one exception. The proposed building setback of 22 feet 7 inches to SW 68th Parkway does not meet this standard. A minimum of 26 feet shall be provided or the building height shall be revised to comply with this setback. The structure complies with Criteria 3 because the site does not abut a residential zoning district. Sensitive Lands Review: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criterion have been satisfied: The extent and nature of the proposed land use form alteration or development will not create site disturbances to an extent greater than that required for the use; Because the steep slope areas that are planned to be graded consist of five dispersed portions of the site, of no more than 2,700 square feet, working around these areas would be extremely difficult. Because of the significant additional expense and extensive erosion control measures that would be necessary to develop the site while preserving these areas the proposed landform alterations are necessary to develop the site. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant is required through the Building Permit review to plan for and provide erosion control during construction and for all necessary permanent erosion measures. Because the applicant has proposed to create a single, fully developed building site, extensive permanent erosion control measures are not expected to be necessary. Any such measures that are required shall be provided through the Building Permit review. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; The applicant provided a soils NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 5 investigation that did not find the aforementioned soils conditions to be present on this site. Below grade walls are to be treated against ground water seepage. Drainage systems below the structure are also proposed. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. The applicant has proposed extensive grading on the portion of the site that is proposed to be developed. After the grading has been performed those previously steep slope areas will either have been paved or landscaped as part of the building pad or the parking lot. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.80, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed within the staff report. The proposal also contains no elements related to the provisions of Sections 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards. Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.4 (Screening and Buffering), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year floodplain), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The applicant has proposed to preserve and incorporate eight of the existing trees into the site. Due to the type of development permitted, and the development constraints of the overall property slope, it is necessary to remove the trees that are proposed to be removed. The applicant has proposed to construct an additional nine parking spaces more than the minimum required by the Off-Street Parking standards. To replace the existing trees the applicant has proposed to provide a total of 128 caliper inches in excess of minimum that are required. As discussed within the tree removal portion of this staff report, the applicant is also required to mitigate for each inch lost of the healthy tree in excess of 12 inches in caliper. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 6 Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. The applicant has proposed service and storage • areas to be oriented towards the private driveway leading to the Key Bank site. The trash and recycling facility is proposed to be entirely screened through the use of a trash enclosure. The loading dock area does not appear to be screened by the proposed landscaping or through the use of berms or other structures. The applicant shall revise the plans to screen the loading area from view. A fence, wall or landscaping may be used for this screening. A combination of a berm and shrubs may also be used. The screen shall not be constructed within the Clear Vision Area at the intersection of the existing and proposed driveways. Rooftop mechanical equipment appears to be screened in the preliminary architectural elevations. The applicant shall provide a copy of the finished architectural elevations that demonstrate that all rooftop equipment shall be screened. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The Police Department reviewed this request and stated that they have no concerns or objections to the development as proposed. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The site has approximately 900 feet of frontage on the proposed private driveway, SW 68th Parkway and SW Haines/Atlanta Street. The applicant has proposed to provide a total of 27 street trees utilizing four species. Because the proposed Red Maple, Red Oak and Douglas Fir trees would exceed 35 feet in height at maturity they are considered large specimens. Due to its location, an existing 16" Fir tree is proposed to be incorporated into the landscape plan as a street tree. This specimen is also considered to be a large species. Because the proposed species are all considered large trees at maturity, they can be planted at 40-foot spacing on center. As proposed, the street trees are planted at a maximum of 40 feet on center in compliance with this standard. Screening: Special Provisions: Section 18.100.110(A) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Approximately 39 parking lot trees are proposed to serve as shading for the proposed 183 parking spaces. This equals one parking lot tree for each 4.7 parking spaces which is in excess of the minimum requirement. The parking lot trees are proposed to be dispersed evenly throughout the parking lot. The landscape plan appears to provide curbing around the NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 7 landscape planters however no details were provided. The applicant shall provide plan details concerning the protection of proposed plantings from vehicular damage. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The proposed structures and landscaping do not conflict with the Clear Vision standards. This has been reviewed at the driveway intersection at SW 68th Parkway, the intersection of SW 68th Parkway and SW Atlanta Street, and at the intersection of the existing and proposed driveways into the Key Bank and PERS properties. Minimum Off-Street Parking: Section 18.106.030. Public Agency . Administrative Services requires a minimum of one (1) parking space for each 350 square feet of gross floor area of professional office use. A maximum of 40% of the required parking spaces are allowed to be constructed. The applicant has proposed 183 parking spaces that exceeds the 172 space minimum that is required for a 60,082 square foot building. A minimum of 172 spaces are required, a maximum of 69 parking spaces can be developed as compact spaces. The plan, as proposed, provides 71 compact spaces. The plan shall be revised to provide no more than 69 of the parking spaces as compact spaces. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires a minimum of six disabled parking spaces if 151 to 200 parking spaces are provided. A minimum of one (1) these spaces is required to be Van Accessible. The current site plan shows a total of seven (7) disabled parking spaces with one (1) being Van Accessible, in compliance with this standard. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. The site plan as proposed provides 12 bicycle parking spaces. This complies with the minimum of 12 spaces that must be provided to serve a use requiring 173 spaces. Off-Street Loading spaces: Section 18.106.080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. An off-street loading space has been provided. Considering the limited size of vehicle that would be expected to service this type of use, the loading area as proposed does not appear likely to pose any traffic safety problems either NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 8 on the driveway to be shared by Key Bank and the PERS property, or onto SW 68th Parkway. Access: Section 18.108.080 requires that commercial and industrial uses that require more than 100 parking spaces provide a minimum one (1) access point with a minimum total width of 50 feet and a minimum pavement width of 40 feet. The site plan as proposed connects with an existing driveway that is designed to meet the City width standards of 50 feet of total easement width, within a 40-foot paved section. The applicant shall enter into a joint access and maintenance agreement for the use of this driveway. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. A walkway is proposed from SW 68th Parkway to the main building entrance. The proposed design does not require pedestrians to cross the parking lot to access the entrance. The walkway is to be five (5) feet in width, in compliance with the width standard. It appears that cars parking in the handicapped vehicle parking spaces will overhang into the walkway and reduce the width to three feet. No other obstructions are proposed within the walkway. The applicant shall widen the walkway by a minimum of one-foot where the walkway is joined by parking spaces. A new sidewalk along the existing driveway is also proposed. This is proposed to be developed to provide access to the east end of the building. The sidewalk is shown to be six feet in width. Although vehicles will extend into the sidewalk the walkway width is not expected to be reduced to less than four feet of width. Pedestrians are required to cross a 16-foot width for the loading space aisle. This width is less than the maximum 36-foot width that is allowed. An existing sidewalk is also constructed along the SW 68th Parkway frontage. An addition to this sidewalk is proposed from SW 68th Parkway along the SW Atlanta/SW Haines Street frontage. Parking Lot Connections: Section 18.108.110(B) states that in order to eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide parking area connections. The applicant has proposed to connect to an existing driveway serving an existing parking lot to the north. Because of existing site constraints, this proposed connection is located at the most viable NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 9 point along the driveway. The applicant shall enter into a joint access and maintenance agreement to use the existing driveway. • Signs: Section 18.114.130(B) lists the type of allowable signs and sign area permitted in the Commercial Professional Zoning District. The applicant has not requested approval of a sign permit for this development. The applicant shall apply for permits through the Development Services Technicians if signage is later requested. Mixed Solid Waste and Recyclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The plans, as proposed, comply with the Minimum Standard that require four square feet for every 1,000 square feet of office. The applicant has provided 240 square feet for the 60,058 square feet of office space that is proposed. Due to daily site servicing issues, the applicant shall provide written approval from the solid waste franchise hauler regarding the facility location and design. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report was provided with this application. The report states that of the 67 total trees in excess of 12 inches in caliper 49 are healthy trees. Of these 49 healthy trees, eight are proposed to be preserved. The 41 healthy trees that are to be removed are a combined 859 caliper inches. The mitigation plan proposes to plant a total of 64 two-inch caliper trees as replacement. This leaves a total of 731 caliper inches that must also be mitigated on-site, at another site, or payment for the cost of purchasing and planting 731 caliper inches shall be made into a City wide tree fund. Due to potential construction related impacts to the trees to be preserved, the applicant shall provide a report prepared by the consulting arborist stating that all required tree protection measures for the preserved trees have been installed. Tree Removal Within Sensitive Lands Areas: Section 18.150.040 provides permit criteria for tree removal within Sensitive Lands. These criteria are applicable to this site because the property contains sloping areas in excess of a 25% slope. Subsection A of this requirement provides the following standards that must be addressed. Removal of tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters, or water quality as evidenced by an erosion control plan that precludes: NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 10 1. Deposits of mud, dirt sediment or similar material exceeding 1/2 cubic foot volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping , discharge or as a result of the action of erosion. The applicant intends to perform the site construction work within the drier summer months. All necessary erosion control requirements will be complied with prior to issuance of Building Permits. 2. Evidence of concentrated flows or water over bare soils; turbid or sediment laden flows; or evidence of on site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on-site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. The applicant intends to perform the site construction work within the dryer summer months. All necessary erosion control requirements will be complied with prior to issuance of Building Permits. Subsection B of this requirement relates to tree removal within stream or wetland corridors. A wetland's report was provided for this site. The report states that no wetlands exist on the property. The sensitive land area that is affected by this tree removal involves steep slope areas rather than streams or wetlands. For this reason this criteria is found to be inapplicable to this tree removal request. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains), (Storm Water Quality) and (Grading and Erosion Control) shall be satisfied as specified below: STREETS: This site lies adjacent to SW 68th Parkway, which is classified as a major collector street and is fully improved in this area. No additional right-of-way (ROW) dedications are required. In addition, a traffic analysis was prepared by Charbonneau Engineering, dated March, 1996. The analysis indicates that the existing intersection of the joint driveway and SW 68th Parkway will continue to operate at an acceptable level of service (LOS) and there will not be any significant impacts to the local major intersections. Therefore, no additional street improvements are required in SW 68th Parkway. This site also lies adjacent to SW Haines Street, which is classified as a major collector street and is fully improved adjacent to this site except for sidewalk. As part of this project, the applicant is proposing to construct a concrete sidewalk adjacent to the frontage. There are no ROW dedications required. Access to this site will be taken via an existing shared driveway that will serve this site and the property directly north (Key Pacific project). There will be no new driveways constructed onto SW 68th Parkway. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 11 SANITARY SEWER: There is an existing sewer main line in SW 68th Parkway that can serve this site. In 1990, the Key Pacific project, which is directly north of this site, installed an 8-inch public sewer extension from the main line in 68th Avenue to serve that project and also extended an 8- inch stub across the existing joint driveway to serve the PERS site. However, the City has not been able to close out the public improvement file for that work because as-built drawings were not received. In addition, there is a need for an additional public sanitary sewer easement to cover the portion of sewer extension across the joint driveway to reach the subject site. That additional easement was not recorded as a part of the Key Pacific project. Prior to the applicant's connection to this sewer line, they shall coordinate with the adjacent property owner to record the necessary public easement. The City can provide the necessary forms for this. The applicant's plans do not reflect existing conditions because they are showing a 4-inch sewer line rather than an 8-inch. Staff spoke with the applicant's engineer who stated that the notation was incorrect. The applicant will need to coordinate with the City regarding the existing sewer line and verify the location and depth of the sewer lateral prior to connecting to the line. STORM DRAINAGE: There is an existing 15-inch storm main line in SW 68th Parkway with two 12-inch laterals extended to this site. The applicant's plan indicates that the on-site storm water will be directed to the northwest corner of the site where it will be treated in a water quality facility before being discharged into the system in 68th Parkway. There are two existing catch basins in Haines Street that appear to discharge storm water at the south end of this site. The applicant's plans indicate an existing storm drainage easement (Document Fee No. 80022549). The City does not have an as-built for the catch basins or the outfall. The applicant is proposing to pick up the drainage from the catch basins in a hard pipe and convey the water across the site to tie into the southernmost storm lateral from 68th Parkway. This concept is acceptable, but the storm line across the site must be a public line that will require some modifications to the proposed storm line design (i.e., manholes will be required at all bends). The applicant will also need to dedicate a public storm drainage easement to the City for this line and provide access to manholes for City maintenance vehicles. Prior to issuance of the building permit, the Engineering Department will need to approve the proposed layout of the public storm line. 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. 91-47, as amended by R&O 91-75) which require 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. In addition, a maintenance plan is required to be submitted indicating the frequency and NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 12 method to be used in keeping the facility maintained through the year. Prior to issuance of a building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As stated above, the applicant is proposing to construct an on-site treatment pond. At the writing of this staff report, preliminary calculations were not available for Staff to review; therefore, it is not certain that the proposed facility is sized large enough for the proposed project. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: OTHER STAFF COMMENTS The Building and Police Department's reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS The Tualatin Valley Fire District has reviewed this proposal and stated that the plans are not approved as submitted. Fire flow calculations, Fire District connections and hydrant locations shall be submitted for review and approval. The Tualatin Valley Water District has reviewed this proposal and stated that they intend to pothole in the easement located on the east side of the property (adjacent to 1-5) to verify the location of existing eight inch water line. Site grading may require relocation or abandonment of a section of this existing eight inch water line. GTE has reviewed this proposal and stated that the developer shall place conduit(s) pursuant to GTE specifications. No comments or objections were provided by other affected agencies. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 13 SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON June 17, 1996 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON June 17, 1996. 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. T ' x4 /21e- - June 6. 1996 PREPARED BY: Mark Roberts, AICP DATE Associate Planner _ r � J -/-cam'ek c- June 6. 1996 ( APPROVED BY: Richard Bewersdo DATE Planning Manager I-\CU RPLMPATTY\SDRC-DEC.DOT NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 14 ..,,,,.... ,, . ili N i 3 I r�41°_,___ _________.4, , 111:, 1 II dr° '. \-- 1 d p NY-0" I •• 1 • F 1 I- I !y W \ 5 ;10/ 11. PPN'1/ Aillial, 1. l' IN1.',‘::'.%. A61111' ill': ' �� II 1 I (I 1 , 1 1 ,../071* *;..tt ' ' li ,:,,•,.. 4 f� I QM I I....,. �p kn 1 2's °n 1 ti 1 014 1 1 Et -4 A4 LL 1 ;. ,.. SITE DATA nat ....ao r.,,..✓s. ...1515.."'"'"' "2"61" 1>,. S yy HANES STREET i kart ,C U . ,� ../..512. ,�. •.C2151551 Y•21 t,.or .Y.GH/Rl vNI SPACE e,.e N 6I.�pYO.I.tZ•1.'a'.e'i Q iU4 QA ND10.0.R 20!..'6115 =TALI SPACES if.e'' O ALCM MAY,1¢15 W TOTAL YKE! -- 2. MN.rt TAO ucw 6P.26:T.•r TOTAL 152.15.6 AREA .0007 52 Ft PLOT PLAN / CASE NO. EXHIBIT MAP N SDR96-0010 SLR 96-0001 PERS OFFICE BLDG. a 0 ji 1 ► I IIIII I ) y ST I �L Q 41 _____________ V \ F 2 _____ -t ,,,y co ,,, W 0 1 ; ECT rt 5 cm n a rt rD cri C J e. ST III Om IN (Ijigil L :•YL.- ST —c------- IIIII .qi w Cti Q tt f 1 GLINT N ST O 4 u_.- }„ _______ . 0 I P b DARTMOUTH ST I I ►—n m lEq-A Vicinity Map A PERS OFFICE BUILDIN 1 SDR96-10/SLR96-01 Net.Map Is net to seal. , 1 REQUEST FOR COMMENTS MEMORANDUM CITY OF TIGARD, OREGON DATE: June 6, 1996 TO: Mark Roberts, Planning Division FROM: Brian Rager, Development Review Engineer RE: SDR 96-0010 PERS Office Building Description: The applicant is requesting to develop a 60,082 square foot (sf) office building at 11308 SW 68th Parkway (Tax Map 1S1 36DA, Tax Lot 101). Findings: 1 . Streets: This site lies adjacent to SW 68th Parkway, which is classified as a major collector street and is fully improved in this area. No additional right-of- way (ROW) dedications are required. In addition, a traffic analysis was prepared by Charbonneau Engineering, dated March, 1996. The analysis indicates that the existing intersection of the joint driveway and SW 68th Parkway will continue to operate at an acceptable level of service (LOS) and there will not be any significant impacts to the local major intersections. Therefore, no additional street improvements are required in SW 68th Parkway. This site also lies adjacent to SW Haines Street, which is classified as a major collector street and is fully improved adjacent to this site with the exception of sidewalk. As part of this project, the applicant is proposing to construct a concrete sidewalk adjacent to the frontage. There are no ROW dedications required. Access to this site will be taken via an existing shared driveway that will serve this site and the property directly north (Key Pacific project). There will be no new driveways constructed onto SW 68th Parkway. ENGINEERING COMMENTS SDR 96-0010 PERS Office Building PAGE 1 2. Sanitary Sewer: There is an existing sewer main line in SW 68th Parkway that can serve this site. In 1990, the Key Pacific project, which is directly north of this site, installed an 8-inch public sewer extension from the main line in 68th Avenue to serve that project and also extended an 8-inch stub across the existing joint driveway to serve the PERS site. However, the City has not been able to close out the public improvement file for that work because as-built drawings were not received. In addition, there is a need for an additional public sanitary sewer easement to cover the portion of sewer extension across the joint driveway to reach the subject site. That additional easement was not recorded as a part of the Key Pacific project. Prior to the applicant's connection to this sewer line, they shall coordinate with the adjacent property owner to record the necessary public easement. The City can provide the necessary forms for this. The applicant's plans do not reflect existing conditions because they are showing a 4-inch sewer line rather than an 8-inch. Staff spoke with the applicant's engineer who stated that the notation was incorrect. The applicant will need to coordinate with the City regarding the existing sewer line and verify the location and depth of the sewer lateral prior to connecting to the line. 3. Storm Drainage: There is an existing 15-inch storm main line in SW 68th Parkway with two 12-inch laterals extended to this site. The applicant's plan indicates that the on-site storm water will be directed to the northwest corner of the site where it will be treated in a water quality facility before being discharged into the system in 68th Parkway. There are two existing catch basins in Haines Street that appear to discharge storm water at the south end of this site. The applicant's plans indicate an existing storm drainage easement (Document Fee No. 80022549). The City does not have an as-built for the catch basins or the outfall. The applicant is proposing to pick up the drainage from the catch basins in a hard pipe and convey the water across the site to tie into the southernmost storm lateral from 68th Parkway. This concept is acceptable, but the storm line across the site must be a public line which will require some modifications to the proposed storm line design (i.e., manholes will be required at all bends). The applicant will also need to dedicate a public storm drainage easement to the City for this line and provide access to manholes for City maintenance vehicles. Prior to issuance of the building permit, the Engineering Department will need to approve the proposed layout of the public storm line. ENGINEERING COMMENTS SDR 96-0010 PERS Office Building PAGE 2 4. 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. 91-47, as amended by R&O 91-75) which require 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. In addition, a maintenance plan is required to be submitted indicating the frequency and method to be used in keeping the facility maintained through the year. Prior to issuance of a building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As stated above, the applicant is proposing to construct an on-site treatment pond. At the writing of this staff report, preliminary calculations were not available for Staff to review; therefore, it is not certain that the proposed facility is sized large enough for the proposed project. 5. Grading and Erosion Control: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity which accelerates erosion. Per R&O 91- 47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. Recommendations: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF THE BUILDING PERMIT: Note: Unless otherwise noted, the staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1 . Prior to issuance of the building permit, a public improvement permit and compliance agreement is required for this project to cover the construction of the public storm drainage line across the site and the sidewalk in SW Haines Street. Five (5) sets of detailed public improvement plans and ENGINEERING COMMENTS SDR 96-0010 PERS Office Building PAGE 3 profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, which are available at City Hall. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee and a sign installation/streetlight fee are required. 3. Prior to issuance of the building permit, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. If such an agreement already exists, the applicant need only to submit a copy of the recorded document to the Engineering Department. 4. Prior to issuance of the building permit, the applicant shall coordinate with the property owner to the north in the dedication of an additional public sanitary sewer easement to cover the existing sewer line that extends across the adjacent parcel to serve this site. The City can provide the necessary forms to complete this task. The easement shall be reviewed and approved by the City. 5. Prior to issuance of the building permit, the applicant shall verify the location and depth of the 8-inch sanitary sewer lateral that will serve this site. 6. Prior to issuance of the building permit, the applicant shall dedicate an easement for the new public storm drainage line across the site. The City will provide the necessary forms for this task. The easement shall be reviewed and approved by the City. 7. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In ENGINEERING COMMENTS SDR 96-0010 PERS Office Building PAGE 4 addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. APPROVED: 71"°`" -1 Greg Berry, Acting City Engineer is\eng\brianr\sdr96-10.bdr ENGINEERING COMMENTS SDR 96-0010 PERS Office Building PAGE 5 05/17/96 13:17 $503 526 2538 TV FIRE MARSHAL lj003/003 RECEIVED PLANNING MAY17 Ate ,, 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: fy 3, 1996 MAY 1 5 1996 TO Tualatin Valley Fire & Rescue FIRE MARSHALS OFFICE FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone; (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 > PERS OFFICE BUILDING < The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review' is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE; Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have arty questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: _ We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. P15 1"}d : AVIV 14 /)et,3 3 e r Z �t �.,, / sa �►✓S `fir ��a 1 YJ ice, F-,_ 2 if(t 4---p eg z- ; (7 -r - ..o dY- tit-er-J q.r.) .4 ,4,'Yz 7 L V � 1(P(ease p►nvide the foffowing infofmation) Name of Person(s) Commenting: L� I , f!4•_.74.cJe ti G/d r G. 7 'g 1 Phone Number(s): 1 05/13/1996 08: 53 503649^„'3 T';l)D PAGE 01 � x f / RECEIVED PLANNING/14 Arzi< AAY 1 3 1996 CITY O TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 TO: Tualatin Valley Water District Administrative Offices - FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PERS OFFICE BUILDING < The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to r aff, a report and recommendation will be prepared and a decision will be rendered on the proposal in th . f you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - ay 13, 1996.7You may use the space provided below or attach a separate letter to return your comments. if you a unab1e-to respond by the above date, please phone the staff contact noted above with your comments and confirm c your omments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: - - We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. X Written comments provided below: TVA "f t - a�'02-1-te: C4-r"t- RS'C [ f ■ 1 i A O it-c.e at. —S - n_ . A— Alb 6 `` tAi . 4•1 i ! _ It r.■ E 1Z. -s" a tyc ". 4 C o-"N 1 OF ,4 "We-r7-in■I r g`u) v 1(111-en.,e pratnife tfit fob,. istfornuxion) Name of Person(s) Commenting: L / A 1 Phone Number(s): RECEIVED PLANNING .4,- 11. CITY OF TIGARD REQUEST FOR COMMENTS MAY 1 3 1996 DATE: May 3, 1996 TO: Brian Moore, Portland General Electric FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: V We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V A (Please provide the fo!lowinginformation) Name of Person(s) Commenting: t �! Phone Number(s): = ,� - � a� I RECEIVED PLANNING J ?■1\i'l*) MAY 13 1996 ,� k CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 TO: Elaine Self, GTE Engineering Department FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you_are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: ,4- d% rt•..NQJZ CO ?CA-Cf C.oNDol7 (5S 4'EA GlEs sPecic(C11TO1MS 44 4 (Please provide the following information) Name of Person(s) Commenting: ,...,_ IPhone Number(s): C 6(33) .943 \\N\ ‘ -\/ `\ ‘ -J RECEIVED PLANNING . .. SAY 0 9 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 TO: Lee Walker, USA/SWM Program FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 I SENSITIVE LANDS REVIEW (SLR) 96-0001 y PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V N. (Please provide tine following information) Name of Person(s) Commenting: Lee (A.At_I _irt_______ 1 Phone Number(s): -(-1i:3 867 S CITY OF TIGARD REQUEST FOR COMMEN lvFn PIANNt G DATE: May 3, 1996 MAY 3 1996 TO: Development Services Technicians FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: • We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 44 (Please provide the following information) Name of Person(s) Commenting: - azitu,a.„ Phone Number(s): I • FILE No. 252 05/13 '96 09:21 In:PDX BUREUA OF PLANNING 503 82 '900 PAGE 1 Post-It'"Fax Note 7671 Date 4i)3 Ipe9e9• I RECEIVED PLANNING To thowvic. !o 124„.A5 From /1/20,47...„47...„ w MAY1 1996 Co/Deft p{i��/ Co t3De r l ; � 41l Phony N / � J 'I On # Z }t 1 ' '21 . CITY OF TIO ARD Faxt) �kt_7�1 Fa.a - — ° 3-- 1 DR COMMENTS , DATE: May 3, 1996 TO: City of Portland Planning Director FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101), The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Slte Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If You have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: .i We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: please provide the fallowingirjarnration) Name of Person(s) Commenting: Rwbv4, &men, IDL,e,nn Alumhnrlal- - _ _ -. _ I RECEIVED PLANNING / MAY 0 61996 (� ✓ I; CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 TO: David Scott, Building Official FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person(s) Comm l G;�_ Phone Number(s): fv I \( \;C RECnEIVED PLANNING U")\' MAY 0 61996 ,.�1�;4r CITY OF TIGARD • REQUEST FOR COMMENTS DATE: May 3, 1996 TO: Kelley Jennings, Tigard Police Dept. Crime Prevention Officer FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V h► (Please provide he following infomration) Name of Person(s) Commenting: ! � / 1�1� ‘4; Phone Number(s): V1111631eV RECEIVED PLANNING ,�.-,1J. •III' CITY OF TIGARD REQUEST FOR COMMENTS MAY () 71996 DATE: May 3, 1996 TO: Scott Palmer, NW Natural Gas Co. FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: XXX We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: 44 (Please provide the following information) Name of Person(s) Commenting: SCOTT PALMER Phone Number(s): (503) 721-2449 I CITY OF TIGARD REQUEST FOR COMMENTS DATE: May 3, 1996 TO: Per Attached FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503)684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 ➢ PE RS OFFICE BUILDING The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. Attached is the Site Plan, Vicinity Map and Applicant's Statement for your review. From information supplied by various departments and agencies and from other information available to our staff, a report and recommendation will be prepared and a decision will be rendered on the proposal in the near future. If you wish to comment on this application, WE NEED YOUR COMMENTS BACK BY: Monday - May 13, 1996. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: V (Please provide the following information) Name of Person(s) Commenting: Phone Number(s): Pr 4Q5 80111,40 - -.p e 4 6- cam; &QUEST FOR COMIIIEI%_.i 5 L e q6 -coa 1 I NOTIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS ICITIZEN INVOLVEMENT TEAMS t {circle one} CIT Area: (W) (3) (E) (C) ILl Placed for review in Library CIT Book ED j f CITY DEPARTMENTS L i _BLDG.DEPT./David Scott,e►,+d•gotscw _POLICE DEPT./Kelley Jennings,a.eeP.e.enro.�oneet OP.RATIONS/John Acker,Mont sp... _CITY ADMIN./Cathy Wheatley,ci,yReco,de. i_"ENG.DEPT./Brian Roger,Devehprnent Renew Engnee. L. OM.DEV.DEPT./D.S.T.'S ADV.PLNG./Nadine Smith, Pwtn.g swe,•e.o, _WATER DEPT./Michael Miller,ope.oro„st.,v.ioa.or t�oi eo. SPECIAL DISTRICTS _ ______ v L'' FIRE MARSHALL —1.------FIRE SEWERAGE AGENCY TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wa.County Fire District 155 N.First Street Beaverton,OR 97075 (pick-up box) Hillsboro,OR 97124 AFFECTED JURISDICTIONS I WA.CO.DEPT.OF LAND USE b TRANSP. _METRO AREA BOUNDARY COMMISSION _METRO-GREENSPACES 150 N.First Avenue 800 NE Oregon St.#16,Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro,OR 97124 Portland,OR 97232-2109 600 NE Grand Avenue Portland,OR 97232-2736 _Brent Curtis(CPA's) _STATE HIGHWAY DIVISION _Jim Tice(IGA'S) Sam Hunaidi _ODOT/REGION 1 _Mike Borreson(Engineer) PO Box 25412 Laurie Nicholson/Trans.Planning _Scott King(CPA's) Portland,OR 97225-0412 123 N.W.Flanders _Tom Harry(Current Planning App's) Portland,OR 97209-4037 _Lynn Bailey(Current Planning App's) _OREGON DLCD(CPA's/ZOA's) 1 175 Court Street,N.E. ODOT/REGION 1,DISTRICT 2-A _CITY OF BEAVERTON Salem,OR 97310-0590 Bob Schmidt/Engineering Coord. Larry Conrad,Senior Planner 2131 SW Scholls/PO Box 25412 1/ PO Box 4755 _CITY OF PORTLAND Portland,OR 97225 Beaverton,OR 97076 Planning Director 1 120 SW 5th _CITY OF LAKE OSWEGO _CITY OF BEAVERTON Portland,OR 97204 City Manager Mike Matteucci,Neighborhood Coordinator PO Box 369 PO Box 4755 _CITY OF DURHAM Lake Oswego,OR 97034 Beaverton,OR 97076 City Manager PO Box 23483 _CITY OF KING CITY _CITY OF TUALATIN Tigard,OR 9 728 1-3483 City Manager PO Box 369 15300 5W 116th Tualatin,OR 97062 —OTHER King City,OR 97224 SPECIAL AGENCIES ■ 1 i' GENERAL TELEPHONE ELECTRIC `--PORTLAND GENERAL ELECTRIC _COLUMBIA CABLE CO. Elaine Self,Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Scholls Ferry Rd. 14200 SW Brigadoon Court Ti rd,OR 97281-3416 Beaverton,OR 97007 Beaverton,OR 97005 f NW NATURAL GAS CO. thm,e:(503)n,.2Mr _METRO AREA COMMUNICATIONS _TRI-MET TRANSIT DEVELOPMENT Scott Palmer Pox:(503)721.2.4112 Jason Hewitt Kim Knox.Project Planner 220 NW Second Avenue Twin Oaks Technology Center 710 NE Holladay Street Portland,OR 97209-3991 1815 NW 169th Place S-6020 Portland,OR 97232 Beaverton,OR 97006-4886 _TCI CABLEVISION OF OREGON _US WEST COMMUNICATIONS _SOUTHERN PACIFIC TRANS.CO. Linda Peterson Pete Nelson Duane M.Forney,PLS-Project Eng. 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Ave.,Room 324 Portland,OR 97201 Portland,OR 97204 Union Station Portland,OR 97209 STATE AGENCIES FEDERAL AGENCIES _AERONAUTICS DIVISION(0001) _DIVISION OF STATE LANDS _US POSTAL SERVICE _COMMERCE DEPT.-M.H.PARK _FISH 3 WILDLIFE Randy Hammock,Growth Cord. I4 _PUC _DOGAMI Cedar Mill Station _DEPT.OF ENVIRONMENTAL QUALITY / N Portland,OR 97229-9998 _OTHER f 112,4.Se_ ce Q 5. 1-49‘)______ —U.S.ARMY CORPS.OF ENGINEERS-Y( h'\�n�tN\�steii\RCrwt,,mot e� �' i . 4* City of Tigard,Oregon AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: that I am an Administrative Specialist II for The City of Tigard, Oregon. That I served NOTICE OF (AMENDED ❑) PUBLIC HEARING FOR: (Check box above,if applicable) (check appropriate box below) (Enter Public Hearing Date above) City 9 Cit of Tigard Plannin ❑ Planning Director ❑ Tigard Planning Commission ❑ Tigard Hearings Officer ❑ Tigard City Council That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Check box above,it applicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (Check box above,it applicable) (check appropriate box below) City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council ❑ That I served OTHER NOTICE OF FOR: A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICE(S) of which is attached, marked Exhibit "A", was mailed to each na . ed person(s) at the address(s) shown on the attached list(s), marked Exhibit "B",pn the =`' day •f -,,advi ( 199 , and deposited in the Un ted States Mail on th -/z! - day _4 zar 199 ' postage prepaid. I ,IA../,-e-ee-i,, _ <____: fr- ' / 1 CVZ_' Prepared Notice Subscribed and sworn/affirmed before me on the 1 day ofital.,.><• .-., 7, 1 • '1 x() G ay OFFICIAL SEAL " DIANE M JELDERKS NOTARY PUBLIC OREGON %,,, COMMISSION NO.046142 MY COMMISSION EXPIRES SEPTEMBER 07.199,1+ NO if RY PUBLIC ,REg'N �� My Commission Expires: G� 7 NAME(S) 14r,5 46,,---e0 � / yq�j CASE NO(S):Sylt,4 (/Q/O 5'L/l 6&,-�U/V/ TYPE OF NOTICE&DATE: £XTE NOTICE OF DECISION Alt■ SITE DEVELOPMENT REVIEW (SDR) 96-0010 Zell" CITY OF TIGARD SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING SECTION I: APPLICATION SUMMARY CASES: FILE NAME: PERS OFFICE BUILDING Site Development Review SDR 96-0010 Sensitive Lands Review SLR 96-0001 PROPOSAL: The applicant has requested: 1. Site Development Review approval of a 60,082 square foot Public Administrative Agency use. 2. Sensitive Lands Review to perform landform alterations on areas of the site in excess of 25% in slope. 3. The applicant has also requested a Tree Removal Permit for portions of the site that are Sensitive Lands. APPLICANT: Public Employees Retirement Board OWNER: Same P.O. Box 73 Portland, OR 97207-0073 COMPREHENSIVE PLAN DESIGNATION: Commercial Professional (C-P). ZONING DESIGNATION: Commercial Professional (C-P). LOCATION: 11308 SW 68th Parkway; WCTM 1S1 36DA, TAX LOT 101. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.80, 18.84, 18.92, 18.96, 18.100, 18.102, 18.106. 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. 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. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 1 CONDITIONS OF APPROVAL PRIOR TO THE ISSUANCE OF BUILDING PERMITS, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: (Unless otherwise noted, the staff contact shall be Brian Rager, Engineering Department (503) 639-4171.) 1. Prior to issuance of the building permit, a public improvement permit and compliance agreement is required for this project to cover the construction of the public storm drainage line across the site and the sidewalk in SW Haines Street. Five (5) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. Once redline comments are addressed and the plans are revised, the design engineer shall then submit eight (8) sets of revised drawings and one (1) itemized construction cost estimate for final review and approval (NOTE: these plans are in addition to any drawings required by the Building Division and should only include sheets relevant to public improvements. Public improvement plans shall conform to City of Tigard Public Improvement Design Standards, that are available at City Hall. 2. Building permits will not be issued and construction of proposed public improvements shall not commence until after the Engineering Department has reviewed and approved the public improvement plans and a compliance agreement has been executed. A 100 percent performance assurance or letter of commitment, a developer-engineer agreement, the payment of a permit fee, and a sign installation/streetlight fee are required. 3. Prior to issuance of the building permit, a joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways. The agreement shall be referenced on, and become part of all applicable parcel Deeds. The agreement shall be approved by the Engineering Department prior to recording. If such an agreement already exists, the applicant need only to submit a copy of the recorded document to the Engineering Department. 4. Prior to issuance of the building permit, the applicant shall coordinate with the property owner to the north concerning the dedication of an additional public sanitary sewer easement to cover the existing sewer line that extends across the adjacent parcel to serve this site. The City can provide the necessary forms to complete this task. The easement shall be reviewed and approved by the City. 5. Prior to issuance of the building permit, the applicant shall verify the location and depth of the 8-inch sanitary sewer lateral that will serve this site. 6. Prior to issuance of the building permit, the applicant shall dedicate an easement for the new public storm drainage line across the site. The City will provide the necessary forms for this task. The easement shall be reviewed and approved by the City. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 2 7. The applicant shall provide an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. Final plans and calculations shall be submitted to the Engineering Department (Brian Rager) for review and approval prior to issuance of the building permit. In addition, a proposed maintenance plan shall be submitted along with the plans and calculations for review and approval. 8. An erosion control plan shall be provided as part of the public improvement drawings. The plan shall conform to "Erosion Prevention and Sediment Control Plans - Technical Guidance Handbook, February 1994. 9. The following additional information, site and/or landscape plan revisions shall be provided (The staff contact for completion of these conditions is Mark Roberts, Planning Division): A. The plan shall be revised to provide a minimum of a 26-foot of setback from the building to SW 68th Parkway. The building height may also be reduced this area to a maximum of 45 feet in height. B. The applicant shall revise the plans to screen the loading area from view. A fence, wall, or landscaping may be used for this screening. A combination of a berm and shrubs may also be used. The screen shall not be constructed within the Clear Vision Area at the intersection of the existing and proposed driveways. C. The plan shall be revised to provide no more than 69 of the parking spaces as compact spaces. D. The applicant shall enter into a joint access and maintenance agreement for the shared use of the existing driveway onto SW 68th Parkway. E. The applicant shall provide plan details concerning the protection of proposed plantings from vehicular damage. F. The applicant shall provide a copy of the finished architectural elevations that demonstrate that all rooftop equipment is screened. G. The applicant shall widen the walkway from SW 68th Parkway where it is joined by parking spaces by a minimum of one-foot. H. Due to daily site servicing issues the applicant shall provide written approval from the franchise hauler regarding the facility location and design. The applicant shall provide a joint access and maintenance easement agreement to use the existing driveway. J. A minimum of 731 caliper inches of trees shall be mitigated on-site or at another site. The applicant may also make a payment to the City for the cost NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 3 of purchasing and planting the equivalent numbers of trees into a City-wide tree fund. K. The applicant shall provide protection measures for the trees to be preserved. The applicant shall also provide a report prepared by the consulting arborist stating that all required protection measures for the preserved trees have been installed. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III: BACKGROUND INFORMATION Site History: The site is presently vacant and has been designated for Commercial Professional use since the Comprehensive Plan was adopted in 1983. Vicinity Information: The property is adjoined by the Interstate 5 Freeway to the east. The property is adjoined by the Key Bank facility to the north. To the south the property is adjoined by a mixture of residential and commercial uses. To the west the property is adjoined by the Oregon Education Association's facilities. Site Information and Proposal Description: The site is heavily treed and slopes towards the Key Bank Property to the north. Street improvements are constructed along the SW 68th Parkway frontage. Street improvements are partially constructed at the intersection of SW 68th Parkway and SW Haines/Atlanta Street. SECTION IV: APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing to build a professional administrative office for use by the Public Agency responsible to administer the Public employees retirement. This use is classified in Code Section 18.42 (Use Classifications) as a Public Administrative Agency. Section 18.64.030(A) lists Public Administrative Agencies, as a permitted use in the Commercial Professional Zoning District. Dimensional Requirements: Section 18.64.050 states that the minimum lot area for each building site unit in the Commercial Professional Zoning District is 6,000 square feet. Developments within the Commercial Professional Zoning District are required to provide a minimum of 15% landscaping. The development site is 4.02 acres in size NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 4 and exceeds the minimum size requirement of the Commercial Professional Zoning District. The proposal provides landscaping over 86,048 square feet or 49% of the site. This complies with the landscape coverage requirements. Setbacks: Section 18.64.050 states that for no minimum setbacks apply other than the Parking Lot Screening Standards of Section 18.100 and the Clear Vision standards of Section 18.102 The maximum building height is 45 feet. Section 18.98.020(A) (Building Height Exceptions) allows any building within a non-residential zoning district to be developed up to a height of 75 feet provided that the following development criterion are met; 1) The total floor area of the building does not exceed 1-1/2 times the area of the site; 2) The yard dimensions are equal to 1/2 of the building height of the principal structure; or 3) The structure shall not abut a residential zoning district. Compliance with parking lot screening and Clear Vision standards is reviewed elsewhere within this report. The principal building elevations state that a height of 52 feet is proposed. Although the building exceeds the 45-foot height standard, it can be revised to comply with the exceptions allowed under Section 18.98. The design complies with Criteria 1 in that the floor area of the building at 60,082 square feet, does not exceed 262,667 square feet or 1-1/2 time the site area of 4.02 acres. The proposed building setbacks comply with Criteria 2 with one exception. The proposed building setback of 22 feet 7 inches to SW 68th Parkway does not meet this standard. A minimum of 26 feet shall be provided or the building height shall be revised to comply with this setback. The structure complies with Criteria 3 because the site does not abut a residential zoning district. Sensitive Lands Review: Section 18.84.040(B) states that the Director shall approve an application for sensitive lands permit on slopes of 25% or greater based upon findings that all of the following criterion have been satisfied: The extent and nature of the proposed land use form alteration or development will not create site disturbances to an extent greater than that required for the use; Because the steep slope areas that are planned to be graded consist of five dispersed portions of the site, of no more than 2,700 square feet, working around these areas would be extremely difficult. Because of the significant additional expense and extensive erosion control measures that would be necessary to develop the site while preserving these areas the proposed landform alterations are necessary to develop the site. The proposed land form alteration or development will not result in erosion, stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property; The applicant is required through the Building Permit review to plan for and provide erosion control during construction and for all necessary permanent erosion measures. Because the applicant has proposed to create a single, fully developed building site, extensive permanent erosion control measures are not expected to be necessary. Any such measures that are required shall be provided through the Building Permit review. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock; The applicant provided a soils NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 5 investigation that did not find the aforementioned soils conditions to be present on this site. Below grade walls are to be treated against ground water seepage. Drainage systems below the structure are also proposed. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. The applicant has proposed extensive grading on the portion of the site that is proposed to be developed. After the grading has been performed those previously steep slope areas will either have been paved or landscaped as part of the building pad or the parking lot. Site Development Review - Approval Standards: Section 18.120.180(A)(1) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18.80, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120, and 18.164. The proposal's consistency with these Code Chapters is reviewed within the staff report. The proposal also contains no elements related to the provisions of Sections 18.84 (Sensitive Lands), 18.92 (Density Computations), 18.94 (Manufactured/Mobile Home Regulations) or 18.98 (Building Height Limitations: Exceptions), or 18.144 (Accessory Use and Structures) which are also listed under Section 18.120.180.A.1. These Chapters are, therefore, found to be inapplicable as approval standards. Section 18.120.180(A)(2) provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections. These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18.120.180.3 (Exterior Elevations), 18.120.4 (Screening and Buffering), 18.120.180.5 (Privacy and Noise), 18.120.180.6 (Private Outdoor Areas: Residential Use), 18.120.180.7 (Shared Outdoor Recreation Areas: Residential Use), 18.120.180.8 (100-year floodplain), 18.120.180.9 (Demarcation of Spaces), and are therefore found to be inapplicable as approval standards. Relationship to the Natural and Physical Environment: Section 18.120.180.2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six (6) inch caliper or greater, shall be preserved or replaced by new plantings of equal character. The applicant has proposed to preserve and incorporate eight of the existing trees into the site. Due to the type of development permitted, and the development constraints of the overall property slope, it is necessary to remove the trees that are proposed to be removed. The applicant has proposed to construct an additional nine parking spaces more than the minimum required by the Off-Street Parking standards. To replace the existing trees the applicant has proposed to provide a total of 128 caliper inches in excess of minimum that are required. As discussed within the tree removal portion of this staff report, the applicant is also required to mitigate for each inch lost of the healthy tree in excess of 12 inches in caliper. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 6 Section 18.120.108.4(B) states that on-site screening from view of adjoining properties of such things as service and storage areas, parking lots, and mechanical devices on roof tops shall be provided. The applicant has proposed service and storage • areas to be oriented towards the private driveway leading to the Key Bank site. The trash and recycling facility is proposed to be entirely screened through the use of a trash enclosure. The loading dock area does not appear to be screened by the proposed landscaping or through the use of berms or other structures. The applicant shall revise the plans to screen the loading area from view. A fence, wall or landscaping may be used for this screening. A combination of a berm and shrubs may also be used. The screen shall not be constructed within the Clear Vision Area at the intersection of the existing and proposed driveways. Rooftop mechanical equipment appears to be screened in the preliminary architectural elevations. The applicant shall provide a copy of the finished architectural elevations that demonstrate that all rooftop equipment shall be screened. Crime Prevention and Safety: Section 18.120.108.10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. The Police Department reviewed this request and stated that they have no concerns or objections to the development as proposed. Street Trees: Section 18.100.033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with Section 18.100.035. Section 18.100.035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large). The site has approximately 900 feet of frontage on the proposed private driveway, SW 68th Parkway and SW Haines/Atlanta Street. The applicant has proposed to provide a total of 27 street trees utilizing four species. Because the proposed Red Maple, Red Oak and Douglas Fir trees would exceed 35 feet in height at maturity they are considered large specimens. Due to its location, an existing 16" Fir tree is proposed to be incorporated into the landscape plan as a street tree. This specimen is also considered to be a large species. Because the proposed species are all considered large trees at maturity, they can be planted at 40-foot spacing on center. As proposed, the street trees are planted at a maximum of 40 feet on center in compliance with this standard. Screening: Special Provisions: Section 18.100.110(A) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees. Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one (1) tree for each seven (7) parking spaces in order to provide a canopy effect. The minimum dimension on the landscape islands shall be three-feet-wide and the landscaping shall be protected from vehicular damage by some form of wheel guard or curb. Approximately 39 parking lot trees are proposed to serve as shading for the proposed 183 parking spaces. This equals one parking lot tree for each 4.7 parking spaces which is in excess of the minimum requirement. The parking lot trees are proposed to be dispersed evenly throughout the parking lot. The landscape plan appears to provide curbing around the NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 7 landscape planters however no details were provided. The applicant shall provide plan details concerning the protection of proposed plantings from vehicular damage. Visual Clearance Areas: Section 18.102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three (3) feet in height. The code provides that obstructions that may be located in this area shall be visually clear between three (3) and eight (8) feet in height (trees may be placed within this area provided that all branches below eight (8) feet are removed). A visual clearance area is the triangular area formed by measuring a 30-foot distance along the street right-of-way and the driveway, and then connecting these two (2), 30-foot distance points with a straight line. The proposed structures and landscaping do not conflict with the Clear Vision standards. This has been reviewed at the driveway intersection at SW 68th Parkway, the intersection of SW 68th Parkway and SW Atlanta Street, and at the intersection of the existing and proposed driveways into the Key Bank and PERS properties. Minimum Off-Street Parking: Section 18.106.030. Public Agency . Administrative Services requires a minimum of one (1) parking space for each 350 square feet of gross floor area of professional office use. A maximum of 40% of the required parking spaces are allowed to be constructed. The applicant has proposed 183 parking spaces that exceeds the 172 space minimum that is required for a 60,082 square foot building. A minimum of 172 spaces are required, a maximum of 69 parking spaces can be developed as compact spaces. The plan, as proposed, provides 71 compact spaces. The plan shall be revised to provide no more than 69 of the parking spaces as compact spaces. The Americans with Disabilities Act (ADA): Section 18.106.020(M) became effective on January 26, 1992. All parking areas shall be provided with the required numbers and sizes of disabled person parking spaces as specified by applicable State of Oregon and federal standards. All disabled person parking spaces shall be signed and marked on the pavement as required by these standards. This section requires a minimum of six disabled parking spaces if 151 to 200 parking spaces are provided. A minimum of one (1) these spaces is required to be Van Accessible. The current site plan shows a total of seven (7) disabled parking spaces with one (1) being Van Accessible, in compliance with this standard. Bicycle Parking: Section 18.106.020(P) requires one (1) bicycle parking rack space for each 15 required vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways. The site plan as proposed provides 12 bicycle parking spaces. This complies with the minimum of 12 spaces that must be provided to serve a use requiring 173 spaces. Off-Street Loading spaces: Section 18.106.080 requires that every commercial or industrial use having floor area of 10,000 square feet or more, shall have at least one (1) off-street loading space on site. An off-street loading space has been provided. Considering the limited size of vehicle that would be expected to service this type of use, the loading area as proposed does not appear likely to pose any traffic safety problems either NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 8 on the driveway to be shared by Key Bank and the PERS property, or onto SW 68th Parkway. Access: Section 18.108.080 requires that commercial and industrial uses that require more than 100 parking spaces provide a minimum one (1) access point with a minimum total width of 50 feet and a minimum pavement width of 40 feet. The site plan as proposed connects with an existing driveway that is designed to meet the City width standards of 50 feet of total easement width, within a 40-foot paved section. The applicant shall enter into a joint access and maintenance agreement for the use of this driveway. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of the structure to the street that provides the required ingress and egress. Wherever required walkways cross vehicle access-driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum six (6) inch vertical separation (curbed), or a minimum three (3) foot horizontal separation; except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four (4) feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. A walkway is proposed from SW 68th Parkway to the main building entrance. The proposed design does not require pedestrians to cross the parking lot to access the entrance. The walkway is to be five (5) feet in width, in compliance with the width standard. It appears that cars parking in the handicapped vehicle parking spaces will overhang into the walkway and reduce the width to three feet. No other obstructions are proposed within the walkway. The applicant shall widen the walkway by a minimum of one-foot where the walkway is joined by parking spaces. A new sidewalk along the existing driveway is also proposed. This is proposed to be developed to provide access to the east end of the building. The sidewalk is shown to be six feet in width. Although vehicles will extend into the sidewalk the walkway width is not expected to be reduced to less than four feet of width. Pedestrians are required to cross a 16-foot width for the loading space aisle. This width is less than the maximum 36-foot width that is allowed. An existing sidewalk is also constructed along the SW 68th Parkway frontage. An addition to this sidewalk is proposed from SW 68th Parkway along the SW Atlanta/SW Haines Street frontage. Parking Lot Connections: Section 18.108.110(B) states that in order to eliminate the need to use public streets for movements between commercial or industrial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible. The Director shall require access easements between properties where necessary to provide parking area connections. The applicant has proposed to connect to an existing driveway serving an existing parking lot to the north. Because of existing site constraints, this proposed connection is located at the most viable NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 9 point along the driveway. The applicant shall enter into a joint access and maintenance agreement to use the existing driveway. • Signs: Section 18.114.130(B) lists the type of allowable signs and sign area permitted in the Commercial Professional Zoning District. The applicant has not requested approval of a sign permit for this development. The applicant shall apply for permits through the Development Services Technicians if signage is later requested. Mixed Solid Waste and Recyclables Storage: Section 18.116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated Recyclables prior to pick-up and removal by haulers. The applicant must choose one (1) of the following four (4) methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan, or Franchised Hauler Review and Sign- Off. The plans, as proposed, comply with the Minimum Standard that require four square feet for every 1,000 square feet of office. The applicant has provided 240 square feet for the 60,058 square feet of office space that is proposed. Due to daily site servicing issues, the applicant shall provide written approval from the solid waste franchise hauler regarding the facility location and design. Tree Removal: Section 18.150.025 requires that a tree plan for the planting, removal and protection of trees prepared by a certified arborist shall be provided with a site development review application. The tree plan shall include identification of all existing trees, identification of a program to save existing trees or mitigate tree removal over 12 inches in caliper, which trees are to be removed, protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. An arborist report was provided with this application. The report states that of the 67 total trees in excess of 12 inches in caliper 49 are healthy trees. Of these 49 healthy trees, eight are proposed to be preserved. The 41 healthy trees that are to be removed are a combined 859 caliper inches. The mitigation plan proposes to plant a total of 64 two-inch caliper trees as replacement. This leaves a total of 731 caliper inches that must also be mitigated on-site, at another site, or payment for the cost of purchasing and planting 731 caliper inches shall be made into a City wide tree fund. Due to potential construction related impacts to the trees to be preserved, the applicant shall provide a report prepared by the consulting arborist stating that all required tree protection measures for the preserved trees have been installed. Tree Removal Within Sensitive Lands Areas: Section 18.150.040 provides permit criteria for tree removal within Sensitive Lands. These criteria are applicable to this site because the property contains sloping areas in excess of a 25% slope. Subsection A of this requirement provides the following standards that must be addressed. Removal of tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters, or water quality as evidenced by an erosion control plan that precludes: NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 10 1. Deposits of mud, dirt sediment or similar material exceeding 1/2 cubic foot volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping , discharge or as a result of the action of erosion. The applicant intends to perform the site construction work within the drier summer months. All necessary erosion control requirements will be complied with prior to issuance of Building Permits. 2. Evidence of concentrated flows or water over bare soils; turbid or sediment laden flows; or evidence of on site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on-site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. The applicant intends to perform the site construction work within the dryer summer months. All necessary erosion control requirements will be complied with prior to issuance of Building Permits. Subsection B of this requirement relates to tree removal within stream or wetland corridors. A wetland's report was provided for this site. The report states that no wetlands exist on the property. The sensitive land area that is affected by this tree removal involves steep slope areas rather than streams or wetlands. For this reason this criteria is found to be inapplicable to this tree removal request. PUBLIC FACILITY CONCERNS: Section's 18.164.030(E)(1)(a) (Streets), 18.164.090 (Sanitary Sewer), 18.164.100 (Storm Drains), (Storm Water Quality) and (Grading and Erosion Control) shall be satisfied as specified below: STREETS: This site lies adjacent to SW 68th Parkway, which is classified as a major collector street and is fully improved in this area. No additional right-of-way (ROW) dedications are required. In addition, a traffic analysis was prepared by Charbonneau Engineering, dated March, 1996. The analysis indicates that the existing intersection of the joint driveway and SW 68th Parkway will continue to operate at an acceptable level of service (LOS) and there will not be any significant impacts to the local major intersections. Therefore, no additional street improvements are required in SW 68th Parkway. This site also lies adjacent to SW Haines Street, which is classified as a major collector street and is fully improved adjacent to this site except for sidewalk. As part of this project, the applicant is proposing to construct a concrete sidewalk adjacent to the frontage. There are no ROW dedications required. Access to this site will be taken via an existing shared driveway that will serve this site and the property directly north (Key Pacific project). There will be no new driveways constructed onto SW 68th Parkway. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 11 SANITARY SEWER: There is an existing sewer main line in SW 68th Parkway that can serve this site. In 1990, the Key Pacific project, which is directly north of this site, installed an 8-inch public sewer extension from the main line in 68th Avenue to serve that project and also extended an 8- inch stub across the existing joint driveway to serve the PERS site. However, the City has not been able to close out the public improvement file for that work because as-built drawings were not received. In addition, there is a need for an additional public sanitary sewer easement to cover the portion of sewer extension across the joint driveway to reach the subject site. That additional easement was not recorded as a part of the Key Pacific project. Prior to the applicant's connection to this sewer line, they shall coordinate with the adjacent property owner to record the necessary public easement. The City can provide the necessary forms for this. The applicant's plans do not reflect existing conditions because they are showing a 4-inch sewer line rather than an 8-inch. Staff spoke with the applicant's engineer who stated that the notation was incorrect. The applicant will need to coordinate with the City regarding the existing sewer line and verify the location and depth of the sewer lateral prior to connecting to the line. STORM DRAINAGE: There is an existing 15-inch storm main line in SW 68th Parkway with two 12-inch laterals extended to this site. The applicant's plan indicates that the on-site storm water will be directed to the northwest corner of the site where it will be treated in a water quality facility before being discharged into the system in 68th Parkway. There are two existing catch basins in Haines Street that appear to discharge storm water at the south end of this site. The applicant's plans indicate an existing storm drainage easement (Document Fee No. 80022549). The City does not have an as-built for the catch basins or the outfall. The applicant is proposing to pick up the drainage from the catch basins in a hard pipe and convey the water across the site to tie into the southernmost storm lateral from 68th Parkway. This concept is acceptable, but the storm line across the site must be a public line that will require some modifications to the proposed storm line design (i.e., manholes will be required at all bends). The applicant will also need to dedicate a public storm drainage easement to the City for this line and provide access to manholes for City maintenance vehicles. Prior to issuance of the building permit, the Engineering Department will need to approve the proposed layout of the public storm line. 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. 91-47, as amended by R&O 91-75) which require 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. In addition, a maintenance plan is required to be submitted indicating the frequency and NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 12 method to be used in keeping the facility maintained through the year. Prior to issuance of a building permit, the applicant shall submit plans and calculations for a water quality facility that will meet the intent of R&O 91-47. In addition, the applicant shall submit a maintenance plan for the facility that must be reviewed and approved by the City prior to issuance of the building permit. As stated above, the applicant is proposing to construct an on-site treatment pond. At the writing of this staff report, preliminary calculations were not available for Staff to review; therefore, it is not certain that the proposed facility is sized large enough for the proposed project. GRADING AND EROSION CONTROL: USA R&O 91-47 also regulates erosion control to reduce the amount of sediment and other pollutants reaching the public storm and surface water system resulting from development, construction, grading, excavating, clearing, and any other activity that accelerates erosion. Per R&O 91-47, the applicant is required to submit an erosion control plan for City review and approval prior to issuance of City permits. SECTION V: OTHER STAFF COMMENTS The Building and Police Department's reviewed this application and have offered no comments or objections. SECTION VI: AGENCY COMMENTS The Tualatin Valley Fire District has reviewed this proposal and stated that the plans are not approved as submitted. Fire flow calculations, Fire District connections and hydrant locations shall be submitted for review and approval. The Tualatin Valley Water District has reviewed this proposal and stated that they intend to pothole in the easement located on the east side of the property (adjacent to 1-5) to verify the location of existing eight inch water line. Site grading may require relocation or abandonment of a section of this existing eight inch water line. GTE has reviewed this proposal and stated that the developer shall place conduit(s) pursuant to GTE specifications. No comments or objections were provided by other affected agencies. NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 13 SECTION VII: PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owner of record within the required distance X Affected government agencies Final Decision: THE DECISION SHALL BE FINAL ON June 17, 1996 UNLESS AN APPEAL IS FILED. Appeal: Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code that provides that a written appeal must be filed with the City Recorder within 10 days after notice is given and sent. The appeal fee schedule and forms are available from the Planning Division of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. THE DEADLINE FOR FILING OF AN APPEAL IS 3:30 P.M. ON June 17, 1996. 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. T ' x4 /21e- - June 6. 1996 PREPARED BY: Mark Roberts, AICP DATE Associate Planner _ r � J -/-cam'ek c- June 6. 1996 ( APPROVED BY: Richard Bewersdo DATE Planning Manager I-\CU RPLMPATTY\SDRC-DEC.DOT NOTICE OF DECISION SDR 96-0010/SLR 96-0001 PERS OFFICE BUILDING Page 14 ..,,,,.... ,, . ili N i 3 I r�41°_,___ _________.4, , 111:, 1 II dr° '. \-- 1 d p NY-0" I •• 1 • F 1 I- I !y W \ 5 ;10/ 11. PPN'1/ Aillial, 1. l' IN1.',‘::'.%. A61111' ill': ' �� II 1 I (I 1 , 1 1 ,../071* *;..tt ' ' li ,:,,•,.. 4 f� I QM I I....,. �p kn 1 2's °n 1 ti 1 014 1 1 Et -4 A4 LL 1 ;. ,.. SITE DATA r nat ....ao r.,,..✓s. ...1515.."'"'"' "2"61" 1>,. S yy HANES STREET i kart ,C U . ,� ../..512. ,�. •.C2151551 Y•21 t,.or .Y.GH/Rl vNI SPACE e,.e N 6I.�pYO.I.tZ•1.'a'.e'i Q iU4 QA ND10.0.R 20!..'6115 =TALI SPACES if.e'' O ALCM MAY,1¢15 W TOTAL YKE! -- 2. MN.rt TAO ucw 6P.26:T.•r TOTAL 152.15.6 AREA .0007 52 Ft PLOT PLAN / CASE NO. EXHIBIT MAP N SDR96-0010 SLR 96-0001 PERS OFFICE BLDG. a 0 ji 1 ► I IIIII I ) y ST I �L Q 41 _____________ V \ F 2 _____ -t ,,,y co ,,, W 0 1 ; ECT rt 5 cm n a rt rD cri C J e. ST III Om IN (Ijigil L :•YL.- ST —c------- IIIII .qi w Cti Q tt f 1 GLINT N ST O 4 u_.- }„ _______ . 0 I P b DARTMOUTH ST I I ►—n m lEq-A Vicinity Map A PERS OFFICE BUILDIN 1 SDR96-10/SLR96-01 Net.Map Is net to seal. , 1 SDR 96-0010/SLR 96-0001 PERS OFFICE BLDG. I ti t �Z1, r;I •. 1S136DA-00100 1S136DD-00800 BA0:606 CORPORATION FAMILY BAPTIST CHURCH BY*EVERGREEN TIMBERLANDS CORP 11585 SW 67TH 400 NORTHCREEK, SUITE 700 TIGARD,OR 97223 371E NORTH SIDE PARKWAY // n14, t4 1 S 136 D D-00700 1 S 136 D D-00100 HEALTH PHYSICS JENSEN,FRED E NORTHWEST INC 1031 SE MILL ST 11535 SW 67TH AVE PORTLAND,OR 97214 TIGARD,OR 97223 1S136DD-00200 1S136DD-00801 LEISER,ANNE MERCER,ROSS L&VICKI L 6009 PENDLETON COURT 11535 SW 67TH PORTLAND,OR 97221 TIGARD,OR 97223 1S136DA-00101 1S136DA-00200 MILLAR,TED L/SWAN,WALTER JR NORTHLAND HOMES INC FORSGREN,LEONARD A TRUSTEE 1834 SW 58TH#202 BY WESTWOOD HOLDING CORP PORTLAND,OR 97201 3.030 SW MOODY AVE VOr+1a,t , 1 S 136 DA-02300 1 S 136D D-00301 OREGON EDUCATION ASSN PETERS,ALAN CRAIG 6900 SW HAINES 233 NE HOLLADAY TIGARD,OR 97223 PORTLAND,OR 97232 1S136DA-02401 1S136DD-00900 TIGARD,CITY OF VINCENT, BRADFORD 13125 SW H 6830 SW HAINES RD PO BO 397 TIGARD,OR 97223 T RD,OR 97223 1S136DA-02400 WAY W LEE GENERAL CONTRACTOR I PUBLIC EMPLOYEES RETIREMENT BOARD 5210 SE 26TH ST PO BOX 73 PORTLAND,OR 97202 PORTLAND OR 97207-0073 COMMUNITY NEWSPAPERS, INC. Legal I" ` TT 8527 P.O. BOX 370 PHONE(503)684-0360 Notice BEAVERTON, OREGON 97075 JUN 107- Legal Notice Advertising •City of Tigard TIGARD • ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223-8199 • ❑ Duplicate Affidavit •Accounts Payable :Terry • SITE DEVELOPMENT REVIEW(SDR)96-0010 SENSITIVE LANDS REVIEW(SLR)96-0001 PERS OFFICE BUILDING The Director has approved,subject to conditions,a request to develop a AFFIDAVIT OF PUBLICATION 60,082 square foot office building.A Sensitive Lands Review is also re- quested to develop portions of the site in excess of 25%in slope.LOCA- STATE OF OREGON, TION: 11308 S.W. 68th Parkway(WCTM 1S1 36DA,TAX LOT 101). COUNTY OF WASHINGTON, )ss. The site is located at the northeast corner of S.W.68th and Haines Street. ZONE:Commercial Professional C-P .The C-P zoning district permits a I, Snyder ( ) being first Kathy thy sworn, depose and say that I am the Advertising range of professional office uses and business services. The proposed g public agency administrative services use is a permitted use within the C- Director, or his principal clerk, of theTigard-Tua lat.in T j me P zoning district. APPLICABLE REVIEW CRITERIA: Community a newspaper of general circulation as defined in ORS 193.010 Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, and 193.020; published at Tigard _ in the 18.106, 18.108, 18.114, 18.116, 18.120, 18.150,and 18.164. aforesaid county and state; that the _ _ SDR-96-0010/SLR-96-0001 Pprs Officp Bldg. Jam' ..1 'mot "T-�-r.. 1----- (,y a printed copy of which is hereto annexed, was published in the � tt entire issue of said newspaper for ONE successive and - .,�%� �1 i consecutive in the following issues: -/i I Mg June 6,1996 \ -1--rx K 1 ! I I 1 I Ko, C11,13 s__‘,N ,-,.,_?_pA_ ).) 0 1 - . v I Subscribed and sworn efore me this y c f T1 n a, 1< tick �- u{� EL—> Notary P is for Oregon ` ,.� ST My Commission Expires: AFFIDAVIT Al 57 Th_hfL57 IiJ. fig-----� 1 I ILt7' The adopted finding of facts,decision,and statement of conditions can be obtained from the Planning Department,Tigard Civic Center, 13125 S.W. Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on June 17 1996.Any party to the decision may appeal this decision in ac- cordance with Section 18.32.290(A)and Section 18.32.370 of the Com- munity Development Code,which provides that a written appeal may be filed within 10 days after notice is given and sent.The deadline for filing of an appeal is 3:30 P.M.,June 17- 1996, T1'8527- Publish June 6, 1996. q> FAX TRANSMITTAL DATE: TO: Mary White, Legals (fax) 624-0338 FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171 PLACE UNDER CITY OF TIGARD LOGO IN THE LEGALS SECTION SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR) 96-0001 PERS OFFICE BUILDING The Director has approved, subject to conditions, a request to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. (PLACE VICINITY MAP HERE) The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department, Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM TT PUBLISH DATE: cbo A , U11 .... C 0 E 1 L ______ al i CL ). 1 S 136DA-02404S 136DA-0,200 CD 1S136DA-00100 0 CD C - -=`IA-9 •8 C C CO CL 1 S 1 ■DA-02300 1S136DA-00101 L„.. Cti Elm . , A ST 1 - 136DB-00.00 1S1 •DD-0s+00 H 1 . 1 S13•DD- 070 1S 3.DD 0��801 i 136 D-00100 ■}I - 1 13iD 0301 R 1 136DD-00 0 ■ Y OR ST Vicinity Map Notification Map SDR96-10/SLR 96-01 Nat.MOP n not to ual� N 4 CITY OF TIGARD, OREGON SITE DEVELOPMENT REVIEW APPLICATION ? cr / � Ammei1EO -4Le✓e-471mq two.E7-— SF O 8Y CITY OF TIGARD, 13125 SW Hall, PO Box 23397 4>/�2E- 5XE PNILL./S K/6 /Al cart-6,774 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY4Ce-diuns,4 CASE NO. P_ct b- 0010 ' OTHER CASE NO'S: SLJ R6-MO/ RECEIPT NO. 9k--2,-7 7 c-, APPLICATION ACCEPTED BY: UEA tj H DATE: 014()364) 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION 11308 SW 68th Parkway Application form (1) Tigard, nrP nn 1 f ✓ (B) Owner's signature/written TAX MAP AND TAX LOT NO. 1S136 DA TAX LOT 101 authorization II (C) Title transfer instrument (1) ST-" SIZE 4_02 acres kV4 (D) Assessor's map (1) F._ _ERTY OWNER/DEED HOLDER* public Employes Retirement :.ard E Plot plan (pre-app checklist) ADDRESS P 0 Box 73 PHONE 229-5643 (F) Applicant's statement CITY Portland, OR ZIP 97207-0073 (pre-app checklist) APPLICANT* Public Employes Retirement Board d (G) List of property owners and ADDRESS p 0 Box 73 PHONE 229-5643 resses within 250 feet (1) CITY Portland, OR ZIP 97207-0073 (H) Filing fee ($ 9 ) tWhen the owner and the applicant are different I) Construction Cost Estimate people, the applicant must be the purchaser of record f S 66 9 or a leasee in possession with written authorization DATE DETER7NED BE COMPLETE: From the owner or an agent of the owner with written y 4,6 authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: -7 le Cf aubmit a written authorization with this application. COMP. PLAN/ZONE DESIGNATION: .\ a. PROPOSAL SUMMARY 1�, %C e The owners of record of the subject property request site development review approval tocz allow the Oregon Public Employes Retirement Approval Date: System to construct a 60,000 sq.ft. _ office building and adjoining -parking. Final Approval Date:. Planning Engineering )524P/13P Zev'd 5/57 3. List any variance, conditional use, sensitive lands, or other land use actions to be considered as parr of this application: None •. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. 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. C. 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. D. 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. DATED this "1rd _ day of Apra 1 _ 19 96 - SIGNATURES of each owner (eg. husband and wife) of the subject property. I/ANL-AS (KSL:pm/0524P) CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: SITE DEVELOPMENT REVIEW (SDR) 96-0010 SENSITIVE LANDS REVIEW (SLR)96-0001 FILE TITLE: PERS OFFICE BUILDING APPLICANT: Public Employees Retirement Board OWNER: Same P.O. Box 73 Portland, OR 97207-0073 (503) 229-5643 REQUEST: The applicant is requesting to develop a 60,082 square foot office building. A Sensitive Lands Review is also requested to develop portions of the site in excess of 25% in slope. LOCATION: 11308 SW 68th Parkway (WCTM 1S1 36DA, TAX LOT 101). The site is located at the northeast corner of SW 68th and Haines Street. ZONE: Commercial Professional (C-P). The C-P zoning district permits a range of professional office uses and business services. The proposed public agency administrative services use is a permitted use within the C-P zoning district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.84, 18.96, 18.98, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY X STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X X ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: Mark Roberts (503) 639-4171 x317 F,FA April 3, 1996 Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: PERS Headquarters Building Tigard, Oregon Dear Mark: Enclosed is the Site Development Review Application and 20 sets of supporting material for the subject project. This submittal is based on the checklist prepared in a preapplication conference on November 19, 1995 and subsequently amended to include a limited traffic study of the shared entrance with Key Bank. (See Application Checklist Summary for index to submittal.) In addition, we have included one copy of the Neighborhood Meeting Notification documents and attendance list for the neighborhood meeting held March 20, 1996 at the Tigard City Hall. If you have questions or require supplementary information, please contact me. Sincerely, FLET HER FARR AYOTTE PC Z.. Philip A. Rude PAR:jh Encl. Distribution: David Bailey, w/encl. Tim Deeks, w/encl. FLETCHER•FARR•AYOTTE•PC ARCHITECTURE PLANNING INTERIORS 708 S.W.THIRD.SUITE 200 PORTLAND.OREGON 97204 TELEPHONE 503.222.1661 FAX 222.1701 April 15, 1996 4** Fletcher, Farr, Ayotte PC CITY OF TIGARD Architecture Planning Interiors Attention: Philip A. Rude OREGON 708 SW Third, Suite 200 Portland, OR 97204 Notice of Incomplete Submittal/Site Development Review (SDR) 96-0010 Dear Mr. Rude: This letter is in response to the development application filed on behalf of PERS for the property at SW 68th Avenue and SW Haines The application has been considered incomplete. Please submit the following additional or revised supporting materials and plans: 1. In the applicants narrative, include findings for Sensitive Lands Review addressing the approval standards for development of areas with slopes in excess of 25%. The specific criteria that must be addressed are found in Section 18.84.040(B)(1-4). Also, please file a fee for $23.50 for this additional application. 2. Provide a mitigation plan for healthy trees that have a trunk caliper measurement in excess of 12 inches in diameter that are to be removed. If more than 75% of the trees are proposed to be removed, the mitigation plan must replace 100% of the caliper inches that are lost. Please provide information concerning the total number of caliper inches which are required to be mitigated, and the proposed replacement method(s). Please include a "Site Data" chart (such as what was provided on the Site Plans) for the Landscape Plan. Where applicable, the chart should indicate the trees that are to be provided for mitigation, versus those required for street tree and parking lot landscaping. Enclosed is a copy of the tree preservation ordinance. The missing information may be provided as replacement sheets but switching sheets within the plan sets is the responsibility of the applicant. Please feel free to contact me concerning this information. Sincerely, Mark Roberts, AICP Associate Planner i:lcurpinknark_rlpers.doc c: Tim Deeks 13125 SW 1-1MnPrds2 (R3) 639-4171 TDD (503) 684-2772 POSt-It®Fax Note 7671 Date /..144 1p#4 s , 3 To �vll59 r� � From �avk �D4,Q CoJDept.r G r Qv, GaV,." Phone C 6 ; Phone# �l / Phone# 3 tI/ Fax# •-7 �7 -- '7©% Fax# /1 7`—7 c-�,� 4 I FFA I April 22, 1996 Mark Roberts, AICP Community Development Department City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Subject: PERS Headquarters Building Site Development Review SDR 96.0010 Dear Mark: Enclosed is an amended submittal to reflect issues raised in your letter of April 15, 1996. Specifically, we have revised the Applicant Statement regarding Sensitive Lands - Section 18.84, and provided additional information concerning tree removal in the Additional Comments section. In the support material we have included a Tree Condition Assessment by Bob Mazany, Arborist, dated April 18, 1996. Two drawings have been revised and one added. Changes are as follows: L-1 Added table showing caliper inches of new trees in excess of those required for street and parking lot trees. L-2 New Drawing with existing trees cross-referenced to Bob Mazany's letter of April 18. Includes table summarizing existing trees and existing trees to remain. Includes table indicating caliper of healthy trees removed. S-2 Revised to show limits of construction relative to slopes exceeding 25%. FLETCHER•FARR•AYOTTE•PC ARCHITECTURE PLANNING INTERIORS 708 S.W.THIRD.SUITE 200 PORTLAND.OREGON 97204 TELEPHONE 503.222.1661 FAX 222.1701 S Mark Roberts, AICP April 22, 1996 Page 2 If you have any questions, please call. Sincerely, FLETCHER FARR AYOTTE PC Philip A. ude PAR:jh Distribution: David Bailey, Oregon Public Employees Retirement System Frank Evans, Oregon Department of Administrative Services Tim Deeks, Milstead & Associates J:\118296\COR\PAROI -r UVTERSTATE 5 .r.4.. wawa eau ---- +I. I e 0 I '':'' ,:,. . ‘ 1 1 2i III I roan r.ce �7. ,,,is,„:. 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UAW) M 81.D.R *WA a n Ms/YAM \ •O123001 r4}p IT.s1 �Y� ���T7Y�Fr \ •I /anew rm owe IT•■) sp y 1A nlo•0 r:1Q11 rfa•e'1 0 •' gpr.00 G )O,0 6211 \ 6/1/8.cX T r e1 11ece0 l,m11 »11∎00 �---,_ e 070,11/•■•0411 0,61011 r..-I S ��iG IPEL :ark � 1110Salina (at MRi 00o.1r. rlre _ , 10/11,0110,-V07/MAO.o nCIr1BOe.6F!l4wGT6!MAN'SUM L-V 1.60.11111e1e1*V 00000600 COMM 18108 MO eetr 11.1,e•rlp0.in SI.1O1U RM rerer C.I/ O •ae fede01.meows,01.1005,Set Unnef Rrl r6rm Cl./ tP .ICa M7014es.wane.8MBle,.100 O1181O4,1t en*RAT er[1.*4 r 8.11 wee 0, V • CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST SUMMARY APPLICATION AND RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS A) Application form (1 copy) B) Owner's signature/written authorization C) Title transfer instrument/or grant deed D) Applicant's statement See narrative attached. E) Filing fee SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS A) Site Information Showing: 1. Vicinity map See attached Vicinity Plan. 2. Site size & dimensions 4.02 acres and see attached Survey S-1 3. Contour lines (2 ft. at 0-10% or 5 ft. for grades > 10%) See attached Survey S-2 4. Drainage patterns, courses, and ponds See attached Survey S-2 and Wetland Environmental Technologies, Inc. report dated March 5, 1996 5. Locations of natural hazard areas including: (a) Floodplain areas None . Application Checklist Summary Page 2 (b) Slopes in excess of 25% South border near Haines. See attached Survey S-2 (c) Unstable ground None (d) Areas with high seasonal water table None (e) Areas with severe soil erosion potential None (f) Areas having severely weak foundation soils None 6. Location of resource areas as shown on the Comprehensive Map inventory including: (a) Wildlife habitats None (b) Wetlands See Wetland Environmental Technologies, Inc. report dated March 5, 1996 7. Other site features: See Survey S-2 (a) Rock outcroppings None Application Checklist Summary Page 3 (b) Trees with 6"+ caliper measured 4 feet from ground level See Robert Mazany ASCA #133 Consulting Arborist report dated March 21, 1996 and Survey Drawing S-2. 8. Location of existing structures and their uses None 9. Location and type of on and off-site noise sources 1-5 parallels east property line 10. Location of existing utilities and easements See Survey S-1 11. Location of existing dedicated right-of-ways See Survey S-1 B) Site Development Plan Indicating: 1. The proposed site and surrounding properties See Site Plan A-1 2. Contour line intervals See Civil Plan C-1 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties See Survey S-1 (b) Proposed streets or other public ways & easements on the site None Application Checklist Summary Page 4 (c) Alternative routes of dead end or proposed streets that require future extension None 4. The location and dimension of: (a) Entrances and exits on the site See Site Plan A-1 (b) Parking and circulation areas See Site Plan A-1 (c) Loading and services area See Site Plan A-1 (d) Pedestrian and bicycle circulation See Site Plan A-1 (e) Outdoor common areas See Site Plan A-1 (f) Above ground utilities None (g) Trash and recyclable materials areas See Site Plan A-1. Recycle storage in building. Application Checklist Summary Page 5 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site No existing structures within 25 feet. For easements, utilities and improvements see Survey S-1. (b) Proposed structures, improvements, utilities and easements on the site See Site Plan A-1 6. Storm drainage facilities and analysis of downstream conditions See Utility Plan C-2 7. Sanitary sewer facilities See Utility Plan C-2 8. The location (of) areas to be landscaped See Landscape Plan L-1 9. The location and type of outdoor lighting considering crime prevention techniques See Site Plan A-1 and Catalog Cut 10. The location of mailboxes None. Mailbox and delivery in building 11. The location of all structures and their orientation See Site Plan A-1 12. Existing or proposed sewer reimbursement agreements None Application Checklist Summary Page 6 C) Grading Plan Indicating: The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information. 1. The location and extent to which grading will take place indicating: (a) General contour lines See Grading Plan C-1 (b) Slope ratios See Grading Plan C-1 (c) Soil stabilization proposal(s) See Landscape Narrative (d) Approximate time of year for the proposed site development Summer 1996 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report See letter from Geotechnical Resources, Inc. (b) The validity of sanitary sewer and storm drainage service proposals See letter from Van Domelen Looijenga McGarrigle & Knauf, dated 4/1/96 (c) That all problems will be mitigated and how they will be mitigated See letter from Van Domelen Looijenga McGarrigle & Knauf, dated 4/1/96. Application Checklist Summary Page 7 D) Architectural Drawings Indicating: The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on- site See Floor Plans Drawing A-2 2. Typical elevation drawings of each structure See Elevations Drawing A-3 E) Landscape Plan Indicating: The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable See Landscape Drawing L-1 2. Location and height of fences, buffers and screenings See Landscape Drawing L-1 3. Location of terraces, decks, shelters, play areas, and common open spaces See Landscape Drawing L-1 and Site Plan A-1 4. Location, type, size and species of existing and proposed plant materials See Survey S-2 for existing plant materials See Survey L-1 for new plant materials 5. Landscape narrative which also addresses: 5. Landscape narrative which also addresses: See narrative prepared by Murase Associates, Inc., Landscape Architects. (a) Soil conditions (b) Erosion control measures that will be used Application Checklist Summary Page 8 F) Sign Drawings: Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. Signs to be submitted later G) Traffic Study: See attached traffic study prepared by Charbonneau Engineering, dated 4/2./96 Proposa �//1�arra�✓e APPLICANT STATEMENT PERS HEADQUARTERS BUILDING The Oregon Public Employees Retirement System proposes the development of a 60,800 square foot office building at the intersection of SW 68th Parkway and SW Haines Street. The provisions of the City of Tigard Community Development Code have been addressed in the following ways: Zoning District Dimensional Requirements (Section 18.164) The proposed site plan meets the requirements of the Commercial Professional (C-P) zoning designation. Lot size (175,057 sq. ft.) exceeds the minimum lot size of 6,000 sq. ft. Average lot width (515 ft.) exceeds the average lot width of 50 ft. Maximum building height (52 ft.) is allowed by the special building height provision in Section 18.98.020. Building and paved areas cover 51% of the site (maximum allowable is 85%), leaving 49% of the site with landscaping or natural vegetation. (Minimum allowable is 15% vegetation.) See Site Plan A-1. Special Setbacks (Sections 18.106.040) The setback of 30 ft. from the centerline of SW 68th Parkway is maintained. Special Building Height Provisions (Section 18.98.020) The maximum building height of 52 feet is allowed, as the following three criteria have been met: 1. FAR of .35 does not exceed the maximum allowable FAR of 1.5 = 1. 2. Building setbacks will be at least 1/2 of the building height. The height of the building at the southwest corner of the building plan is 46 feet, from top of grade to top of parapet. The setback from the property line at this corner is 23 feet. 3. The structure does not abut a residential zone district. Parking and Access (Sections 18.106 and 18.108) One hundred eighty three (183) total parking spaces are provided. This total exceeds the requirement for 174 spaces (based on one space per 350 gross square feet). This total includes 71 compact spaces (39% of the total), which does not exceed the maximum allowable ratio of 40%. Accessible parking spaces are provided in compliance with the ADA as outlined in the Oregon Structural Specialty Code. Twelve (12) bicycle parking spaces meet the requirement for one space per 15 required vehicular parking spaces. Applicant Statement Page 2 One vehicular access is provided at the northeast corner of the site. Drive aisles through the site are 24 feet wide. (See Site Plan A-l.) Walkway Requirements (Section 18.108.050) Pedestrian access to the site is along a walkway that connects the south end of the building to the public sidewalk along SW 68th Parkway. Stairways connect the upper parking terraces to the main building entrance. Additional walkways at the north edge of the site connect the site interior to adjacent development to the north and SW 68th Parkway. A public sidewalk will be added to the south of the site, extending the sidewalk along SW Haines Street eastward toward Interstate 5. (See Site Plan A-1.) Loading Area Requirements (Section 18.106.070-090) A loading area is provided at the northeast corner of the building. Clear Vision Area (Section 18.102) The proposed development plan maintains the clear vision areas at the intersection with SW 68th Parkway and at the intersection of the access road and the site's driveway/entry. Landscaping (Section 18.100, 18.106 and 18.108) Red Maples are provided at 40 foot spacing along SW 68th Parkway and along the access road which leads to the site's driveway. These trees will be 2" caliper, minimum (see Landscape Plan L-1). The parking areas are designed as terraces, with sloped landscape islands between each terrace. Plantings include a mix of deciduous canopy trees and shrubs. The "stepped" nature of the terraces along with these plantings, will have an effect of reducing the visual impact of the parking area. The number of trees proposed at the parking area far exceeds the minimum requirement (see Landscape Plan L-1). Signs (Section 18.114) Signs to be submitted later. Applicant Statement Page 3 Sensitive Lands (Section 18.84) Sensitive land area with slopes in excess of 25% is shown on S-2. Following is a narrative addressing criteria in 18.84.040(B)(1-4). PERS HEADQUARTERS BUILDING SITE INFORMATION - SLOPES IN EXCESS OF 25% B. The appropriate approval authority shall approve or approve with conditions and application request for a sensitive lands permit on slopes of 25 percent or greater or unstable ground in Subsections 18.84.015 B. and D. based upon findings that all of the following criteria have been satisfied: 1. The extent and nature of the proposed land form alteration or development will not create site disturbances to an extent greater than that require for the use; See attached Drawing S-2. This Drawing overlays the building and construction area where site slopes exceed 25%. The site is developed to respond to the slope of the terrain and to minimize cuts and fills. The parking is terraced up the slope to minimize impact and site disturbance. The building at the low corner of the site has entry to the second floor from the southeast, while the first floor is "daylighted" to the west and north. Less than one quarter of the site's area with slopes greater than 25% is impacted by this project. The balance is left in its natural state. Following is a summary by sub-area of the site where existing slopes exceed 25%: Area 1 - We believe this area was created at the time Haines Road and 68th Parkway were constructed. Our development impacts about 10% of the area. Existing trees and vegetation are to remain except for the removal of blackberries, etc. Natural and wild grasses will be reintroduced to this area. Additional landscaping will be provided paralleling 68th Parkway. Area 2 - This area of approximately 1,000 sq.ft. will be excavated, graded and paved as parking area. A retaining wall will be constructed between the parking area and the sloped area adjacent. Applicant Statement Page 4 Area 3 - This involves three areas which will be regraded to allow building and roadway development. Slopes will be reduced to less than 25% in these areas. Area 4 - We believe this sloped area of 600 sq.ft. was created as part of the grading for the entrance drive to the adjacent site. Regrading and planting will occur in this area. 2. The proposed land form alteration or development will not result in erosion , stream sedimentation, ground instability, or other adverse on-site and off-site effects or hazards to life or property. See Landscape Plan L-1 and G.RI. letter of April 2, 1996. Site development will replant all disturbed areas. Stormwater retention and remediation provisions are included in project. The project site work will be constructed during the summer and early fall, the optimum time to avoid erosion and ground instability. 3. The structures are appropriately sited and designed to ensure structural stability and proper drainage of foundation and crawl space areas for development with any of the following soil conditions: wet/high water table; high shrink-swell capability; compressible/organic; and shallow depth-to-bedrock. The building is located in the most level area of the site. The below-grade first floor walls will be engineered for water pressure, membrane coated to prevent water infiltration, and provided with foundation drains. In addition, an under floor drainage system will be included. Recommendations in the Geotechnical Report will be followed. 4. Where natural vegetation has been removed due to land form alteration or development, the areas not covered by structures or impervious surfaces will be replanted to prevent erosion in accordance with Chapter 18.100, Landscaping and Screening. See Landscape Plan L-1. For a discussion of wetlands, see "Additional Concerns" below. Applicant Statement Page 5 Recycling (Section 18.116) Pride Disposal has been contacted regarding recycling and trash collection requirements. Recycling will be stored inside the building adjacent to the loading area. A trash enclosure is provided to the east of the building, adjacent to the loading area. Neighborhood Meeting A neighborhood meeting was held at Tigard City Hall on Wednesday, March 20, 1996 at 7:30 P.M. One neighborhood citizen, the owner of an adjacent commercial property, was in attendance. A presentation was made, outlining the proposed development , and a number of questions were asked of the project team. There was not registered opposition to the proposed development. Additional Concerns A wetlands analysis of the site has been conducted. No wetlands were identified on the site. • Robert Mazany, a certified arborist, has conducted a tree condition assessment and identified five significant oak trees on the site. The proposed site plan incorporates three of these trees into the site, and they will be marked for preservation. A tree survey was conducted by Robert Mazany (see letters attached ). The net loss in caliper inches of healthy trees is 731" (see L-1 and L-2). This will be mitigated by one of the provisions of Section 18.150.070(D) or (E). LANDSCAPE NARRATIVE MURASE ASSOCIATES, INC. For the Public Employee Retirement System (PERS) Building, Murase Associates, Inc. has developed a naturalistic landscape plan that will provide visual diversity and will preserve as many existing trees as possible. Working with a certified arborist, Robert Mazany, has been a key approach in the development of this plan. The plan details the landscape of five main areas: perimeter plantings around the building, a water detention pond, streetscape along S.W. 68th Parkway, landscape in the parking area, and plantings in surrounding natural areas. The focal point of plantings around the building will be the entry plaza, located on the building's east side, adjacent to the parking lot. Within this area, the plan calls for rhododendrons, azaleas, david viburnum, and dwarf winged eunoymus to provide a sense of entry and year-round color. To minimize the impact of the site's storm and surface water runoff and to improve overall water quality, the plan includes a detention pond which will be located at the west side of the site. In addition to providing a natural area for site drainage, the pond will serve as a visual focal point for those entering the site from SW 68th Parkway and will provide habitat for wildlife. The pond and surrounding area will be planted with native, aquatic vegetation: red dogwood, western spirea, oregon grape, nootka rose, and flowering current. The bottom of the detention pond will consist of a special grass seed mixture tolerant of wet conditions. Along S.W. 68th Parkway, the design calls for Red Maple street trees to be planted every 40 feet in compliance with City of Tigard landscape standards. These trees will be planted within the lawn area along the Parkway and within a six (6) foot planting strip adjacent to the entry. The plan preserves three of the site's five significant Oak Trees within the parking lot. The construction of a retainer wall may be necessary to save the three (3) trees. Other plantings within the parking lot will include Douglas Firs, Western Red Cedars, Red Maples, Red Oaks, Witch Hazels, and Kousa Dogwoods. Rockspray cotoneaster will be used as a ground cover throughout the entire parking lot. This ground cover is evergreen, produces red berries in winter, and is tolerant of a wide variety of climate conditions. Within surrounding natural areas, the plan issues the removal of all blackberries and noxious weeds. Then rough seeding will encourage the areas to return to a natural state. This is the only area of the site that will not be irrigated. Upon completion and implementation, this plan will produce a natural setting with year-round color. Plants have been selected for hardiness and disease resistance. This plan will not require extensive future maintenance. PERS BUILDING LANDSCAPE NARRATIVE Page 2 Clay is the predominant soil type within the project area. During construction, the contractor should take several precautions: installation of sediment fencing around the perimeter of the site that slopes toward S.W. 68th Parkway; construction of a gravel entrance for vehicles; fitting all storm sewer inlets impacted on and off the site with an inlet barrier; and implementation of all other erosion control standards recognized by the City. J:\118296\APLICANr\PAR01 ii ' ' Hu • p 0 ., `6T , r n M' ! 27! i AV ln ,- p %1' ' ^,`n �'S �� ^'' i1\� ss- s ♦ w. • XV rtki, .41- Utica gtoisT A . 9CT . u SW CNELS: *'J �/0 - y Cs i^ Av .1') :�J • i W89TH 4 ! .. "*`HALL ,4\ ii- �LVD n yLa MS ' . i7.T; H :T i 04 /,� S tl Ny —' S.W. 837 _ 00 !N 10�;�.J ��i . OR ' 0.5 / S W. 3RD A Z 3.wa2H AY. ; .w. 82 • — tC r i •k ,����o�;. �\� c? ,a'Jf� .S.W.81S A ''o s Q " � C=V.).. " S Y eN ,Q / . a A- C 79TH S.W. 6011 ��\C . AV SW;78TH t,y, n > r ,�i," a3N�, MS nTH O� S.W. 77TH 4 � 'u D, HD u u5W 76T1 AV AV Y M 'd /i SW. 76TH AV < tmi, F • der /u i il ;n S W),TH —G� . 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OREGON 97204 (503) 248-0955 FAX (503)248-0324 DATE: APRIL 2, 1996 TO: DAVID BAILEY COMPANY: PUBLIC EMPLOYES RETIREMENT SYSTEM FAX NO: 223-2869 REGARDING: ESCROW NO. 50000-6411-JY WESTWOOD CORP./STATE OF OREGON FROM: ANGIE GILMOUR NUMBER OF PAGES INCLUDING COVER SHEET: 13 COMMENTS / INSTRUCTIONS: MR. BAILEY; ATTACHED, PLEASE FIND A CCGFORMED COPY OF THE WARRANTY DEED AND A CONFORMED COPY OF THE EASEMENT AGREEMENT IN CONNECTION WITH THE ABOVE REFERENCED TRANSACTION. PLEASE CALL WITH ANY "QUESTIONS OR CONCERNS. THANK YOU. If you do not receive all pages of this transmission or there is a problem with this transmission, please call Angie, Lu or Judy at (503)248-0955. Our fax # is (503)248-0324. "Thc materials enclosed with this facsimile transmission are private and confidential and are the property of the sender. the information contained in the material is privileged and is intended only for the use of the individual(s) or entity(ies) named above. If you are not the intended recipient, be advised that any unauthorized disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you have received this facsimile transmission in error, please immediately notify us by telephone to arrange for return of the forwarded documents to us." APR 02 '96 05:06PM CHICAGE 'TLE PTONEP P.2i1�� AFTER RECORDING RETURN TO: THE STATE OF OREGON, / ��� We certify this insirinen to ba �, tr�.,2 / 7 /�.E-.}�C-t L, •�r''�j 9 7 rac-) 7 CopyjA ii _rsceroosd /��,,�� J)f��//�,Q;Q Until a change is requested all tax 8001�� page , FOE -!�"a"'' statements shall be sent to the following COUr,ty, Oregon_ address! Records of CHICA i LE 1► " 117 NCE COMPANY •Escrow No. 50000-6411-JY , Order No. 144665 WARRANTY DEED - STATUTORY FORM (INDIVIDUAL or CORPORATION) TED L. MILLAR, WALTER A. SWAN, JR. and JOE F. BEACH JR. , Trustees of the Ted L. Millar Living Trust, u/a with Ted L. Millar, dated January 31, 1990 who acquired title as TED L. MILLAR, WALTER A. SWAN, JR. and LEONARD A. FORSGREN, trustee of the TED L. MILLAR LIVING TRUST, u/a with TED L. MILLAR, dated January 31, 1990 Grantor, conveys and warrants to THE STATE OF OREGON, PUBLIC EMPLOYES' RETIREMENT BOARD Grantee, the following described real property free of encumbrances except as specifically sec 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: 1. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency of Washington County. (Continued) The true consideration for this conveyance is $831,571.00 Dated ��,dE" �`" 7 '�{° ; if a corporate grantor, it has caused its name to be signed by order of its board of directors . TED L. MIT LAR LIVING TRUST B :V • , • STATE OF OREGON, County of Ma,,,fr ie/.77hrJ ) as. This instrument was acknowledged before me on , 19 , by This instrument was acknowledged before me on March 1 , 19 96 by Te• L. Millar as Trustee of the Teri L_ Mi I 1 ar Living Trust , ii/a wi tb Tea L. Millar, dated January 31, 1990 and who exe ted sam9 op beha of said Trust. No =Y r Public for Oregon �...,, oFPICiALSEAL My commission expires 7) / /G /995 ■ 5?=s�a JUDY S LEONETT) Y \ -1 +�- NOTARY PUBLIC- OREGO& ` . f COMMISSION NO. 047391 1 �•1.11 MY COMMISSION EYP/RES NOY.IA.IAAA 5lrr/....-- rrrrr!// • - APR 02 '96 05:06PM CHICAG( TLE PTOWER P.3/13 Order No: 144665 LEGAL DESCRIPTION A parcel of land situated in the Southeast one-quarter, Section 36, Township '. South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington and State of Oregon, said parcel being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Deed Recorded January 29, 1962, in Book 456, Page 433, Deed Records for Washington County, Oregon, said parcel being more particularly described as follows: Commencing at a brass cap monument marking the East one-quarter corner of Section 36, Township 1 South, Range 1 West, Willamette Meridian; thence South 01°31' 36" West along the East line of said Section 205.82 feet to it' s intersection with the Westerly right of way line of Interstate 5, said point bears South 25°22'42" West 67.01 feet from a point 160.00 feet right of Engineers Centerline Station 28+00 P.O.C. ; thence along said right of way line South 25°22' 42" West 562.74 feet to a point 195.00 feet right of Engineers Centerline Station 34+00 P.0.5_ ; thence continuing along said Westerly right of way line South 06°19' 27" West 13 .50 feet to the true point of beginning of the hereinafter described parcel of land: thence leaving said line North 84°27'53" West 314 .61 feet; thence South 50°32' 07" West 113 .50 feet to a point in the Easterly right of way line of Southwest 68th Parkway, a dedicated street 60.00 feet wide; thence along said line along the arc of a non-tangent 339.50 foot radius curve right 419.05 feet through a central angle of 66°47' 12" (the chord bears South 00°35' 19" 395.73 feet) to a point of reverse curvature; thence along the are of a tangent 256.48 foot radius curve to the left 11 .03 feet through a central angle of 02°27' 54" (the long chord bears South 32°44'58" West 11.03 feet) to a point of compound curvature; thence along the arc of a tangent 46 .95 foot radius curve left 101.27 feet through a central angle of 123°35'54" (the long chord bears South 30°16' 57" East 82.75 feet) to a point in the North right of way line of Southwest Haines Street, 30.00 feet Northerly of (when measured at right angles) "G" line as established by the Oregon Department of Transportation and described in Recorder's Fee No. 80022549; thence along said North right of way line North 87°55'07" East 46.37 feet to a point in the arc of a tangent 268 .73 foot radius curve to the right, said point being 30.00 feet right of Engineers Centerline Station "H" 49+99.46 P.O.C. _ "G" 53+39 .79 P.O.T. ; thence along the arc of said curve 20.01 feet through a central angle of 4°16' 00" (the long chord bears South 89°56' 53" East 20.01 feet) to a point of tangency 30.00 feet right of Engineers Centerline Station "H" 46+81.68 P.C. ; thence South 87°48' 53" East 43 .25 feet to a point in the arc of a non-tangent 209.15 foot radius curve to the right, a radial line bears North 39°22' 55" West to said point; thence Northerly and Easterly along the arc of said curve 166.64 feet through a central angle of 45°39' 05" (the long, chord bears North 73°26' 36" East 162 .2? feet) ; thence tangent to said curve South 83°43' 48" East 51.35 feet to a point in the Westerly line of Interstate 5, as established by the Oregon Department of Transportation, said point bears North 06°19'27" East 44 .17 feet from a point 150.00 feet right of Engineers Centerline Station 39+00 P_0.S. ; thence along said right of way line North 06°19'27" East 480.51 feet to the point of beginning. APR 02 '96 05:07PM CHICAi ITLE PTOWER P.4/13 Encumbrances, continued 2 . Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin Valley Water District. 3. Limited access provisions contained in Deed from the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. Recorded: January 29, 1962 Book: 456 • Page: 433 Subject to conditions and restrictions as contained therein. 4 . An easement created by instrument, including the terms and provisions thereof, Dated• May 5, 1980 Recorded: May 7, 1980 Recorder's Fee No. : 80016364 In Favor Of: Portland General Electric Company For: Power lines, poles and anchors Affects: Northwesterly portion 5 . An easement created by instrument, including the terms and provisions thereof, Dated: May 16, 1980 Recorded: June 27, 1960 Recorder' s Fee No. : 80022549 In Favor Of: State of Oregon, by and through its Department of Transportation, Highway Division For: Drainage and slopes 6 . Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission, which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property. Recorded: December 4, 1980 Recorder' s Fee No. : 80043922 7. Covenants, conditions, restrictions and easements, but omitting restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as contained in Contract . Recorded: February 17, 1982 Recorder' s Fee Nc. : 82003894 (Continued) .APR 02 '96 05:07PP1 CHICAG( TLE PTOWER P.5/13 Encumbrances, continued 9 . An easement created by instrument, includinc the terms and provisions thereof, Dated: February 16, 1982 Recorded: February 17, 1982 Recorder' s Fee No. : 82003895 In Favor Of: Oregon Education Association, a non-profit corporation For: Sign 9. An easement created by instrument, including the terms and provisions thereof, Recorded: November 4, 1985 Recorder's Fee No. : 85044009 In Favor Of: City of Tigard For: The construction, maintenance and repair, with necessary access thereto, of a slope, cut or fill Affects : Westerly portion 10. An easement created by instrument, including the terms and provisions thereof, Recorded: December 16, 1987 Recorder's Fee NO 87061373 In Favor Of: City of Tigard For: The construction, maintenance and repair, with necessary access thereto, of a slope, cut or fill 11. Easement Agreement, including the terms and provisions thereof, Dated: August 31, 1988 Recorded: September 29, 1988 Recorder's Fee No. : 88-39456 By and Between: Westwood Holding Corporation and Portland General Electric Corporation Re-recorded: September 19, 1989 Recorder's Fee No. : 89-44577 12. Covenants, conditions and restrictions, but omitting restrictions if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded: September 2, 1988 Recorder' s Fee No. : 88-39457 (Continued) ?APR 02 '96 O5:O8PM CHICHGC TLE PTOWEP P.5/13 Encumbrances, continued 13 . Covenants, conditions, restrictions and easements, but omitting restrictions, if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded; November 23, 1988 Recorder' s Fee No. : 88-52298 Said restrictions contain provisions for the payment of construction and maintenance costs. 14. An easement created by instrument, including the terms and provisions thereof, Dated: August 18, 1989 Recorded: August 25, 1989 Recorder' s Fee No. : 89-39637 For! Ingress, egress and underground utility Affects: Northerly portion 15. An easement created by instrument, including the terms and provisions thereof, Dated: August 19, 1989 Recorded: September 19, 1989 Recorder' s Fee No. : 89-44579 In Favor Of: Adjacent property owners For: Ingress, egress and underground utility Affects: Northerly portion 16. Possible fence encroachment into property adjacent on the East, as disclosed by Survey by Jim Weddle and Assoc. , Inc. ; Dated: December 28, 1995 Number: 2450ALTA APR 02 '96 05:OBPrI CHICAGO TLE PTOWER P.7i13 • lie; recording return to -- . rte . 7.c c SUPPLEMENTAL EASEMENT AGREEMENT 2f ixThis Sup , lemental E semeut Agreement ("Agreement:") is entered into this _ _ day of_ _ , 1 996, between the STATE OF OREGON BY AND THROUGH TUE PUBLIC EMPLOYES' RETIREMENT BOARD (the "Board"), its successors and assigns, and the.OREGON EDUCATION ASSOCIATION ("OFA"). RECITALS The Board has purchased, or is contemporaneously with this Agreement purchasing, from TED L. MILLAR, WALTER A. SWAN, JR., AND LEONARD A. FORSGREN, TRUSTEE(S) OF THE TED L. MILLAR LIVING TRUST, U/A DATED JANUARY 31, 1990 ("Millar- Trust") certain real property located in the City of Tigard, Washington County, Oregon, and more particularly described on the attached Exhibit A (the "Property"). OEA previously owned the Property and entered into a Contract of Sale of Real Property dated February 16, 1.982, and recorded February 17, 1982, under instrument no. 82003894 in the real property records of Washington Oregon (the "Contract") between EOA as Seller and RAYMOND A. FEICUTMEIR and FRANK M..WARREN, JR. as buyer. The Contract reserved to OEA an easement for a land area 35' by 35' located on the Property as designated on the attached Exhibit B, to be used for the construction and placement of a sign by OEA ("Easement No. 1 "). Under Section XIi of the contract, OEA retained the right, after termination of the Contract, to require the buyer to deed the area of Easement No. I to OEA. The OEA also executed a Warranty Deed dated February 16, 1982, transferring the Property to RAYMOND A. FEICHTMEiR AND FRANK M. WARREN, JR. recorded February 17, 1982, under instrument no. 82003895 in the real property records of Washington County, Oregon (the "Deed"). The Deed reserved to OEA an easement for a land area 35' by 35' located on the Property as designated on the attached Exhibit B to be used for the construction and placement of a sign to OEA ("Easement No. 2"). Easement No. 1 and Easement No. 2 are collectively referred to herein as the "Easements". ‹ We certify this instrument to be a true Copy tSG ecorded_ q/2/4(,:_ Page 1 - Supplemental Easement Agreement Book Page . l=ee. 9 602868? Records of _ /. 1 VZ County, Oregon. CH1CA 0 ";IT r URANCE COMPANY APR 02 '96 05:08PM CHIC TITLE PTOWER P.8/13 The parties now wish to modify certain terms and conditions of the Contract and Deed related to Easement No. 1 and Easement No. 2 as provided for herein. NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, the parties agree as follows: TERMS AND CONDITIONS I. Easement No. 2. Easement No. 2 shall be relocated from that portion of the Property designated by the letter A on Exhibit B to the 35' by 35' area of the Property that is bounded on the North by the northern boundary of the Property and on.the East by PGE easement as designated by the letter B on the attached Exhibit B. 2. 'Separate Signs in Easements. Notwithstanding anything to the contrary contained in the Contract and the Deed: 2.1 The Board may construct signs in Easement No. 1 and Easement No. 2 for its sole use alter obtaining the written consent of OEA, which consent shall not be unreasonably withheld. 2.2 OEA shall not begin construction of its signs without first seeking the written consent of the Board with respect to the height, size, design and overall appearance of the proposed sign, which consent shall not be unreasonably withheld.. 2.3 OEA's and the Board's signs shall comply with all applicable laws, statutes, regulations or ordinances having jurisdiction with respect to signage oil the Property. 2.4 Each Party will cooperate with the other and will work together in all matters necessary to obtain approval of any governmental body to obtain permission to erect an individual or joint sign. . 2.4 OEA shall pay'for all costs of constructing and maintaining its signs, including, bt!t not limited to: 2.4. I siting, engineering, construction and other related costs, 2.4.2 any damage to the Property or the improvements located thereon as the result of such construction, and 2.4.3 costs incurred with respect to the relocation, removal or other affect on any utilities located in, under or near Easement No. 1 or Easement No. 2 prior to the original Easement Agreement and this modification. Page 2 - Supplemental Easement Agreement • APR 02 '95 05:09PM CHIC TITLE PTOWER P.9/13 3. .loint Sign. Notwithstanding anything to the contrary contained in the Contract and Deed: 3. 1 OEA and the Board may agree to construct signs for joint use in Easement No. I and/or Easement No. 2 (the "Joint Sign"); 3.2 The height, design and appearance of any Joint Sign shall be mutually agreed to by the parties prior to construction and shall comply with all applicable laws, statutes, regulations or ordinances having jurisdiction with respect to signage on the Property. 3.3 In the event the parties agree to construct a mutually agreed upon Joint Sign, each party shall pay one-half of the actual costs incurred for the construction of such sign and one-half of the maintenance and repair costs related to such sign for . so long as it is jointly used by both parties. Either party may make ordinary repairs to a Joint Sign and the party making such repairs shall be entitled to reimbursement upon demand from the other party for the other party's one-half share of the reasonable costs of repair; provided, however, that no repair work may be done to a Joint Sign the cost of which exceeds $1,000 without the written consent of the other party. If such consent is not obtained, the party making such repair shall be solely responsible for the costs incurred. 4. Costs of Signage/Easement. Except as provided in Section three above, OEA shall be solely responsible for the maintenance and repair of the Easements and any signs constructed thereon; provided however, that the Board may, but shall not be obligated to, perform routine grounds and landscaping maintenance as part of the routine maintenance of the property. 5. Exercise of Transfer Option. in the event °EA exercises the option to require one or both of the Easements to be deeded to OEA, then OEA, its successors and assigns, agree that the use of such deeded Easements' land shall restricted to only the construction of signs. OEA shall'pay all costs associated with acquiring the fee simple interest of the Easements' land including, but not limited to, costs of survey, title, partition or other action, recording, acquiring permits or other regulatory approvals, and relocation.or removal of Board signs, Joint Signs and utilities. 6. Restrictive Use Covenants. There is reserved to the Board, its successors and assigns, the right to restrict usage of the Easements' land to only the construction of signs. This reservation shall run with the land identified in Exhibit A and shall not be subject to modification, cancellation or destruction by adverse user or estoppel, no matter how long continued. It is understood that any conveyance of fee simple title in the Easements' land shall be delivered upon the express condition • Page 3 - Supplemental Easement Agreement APR 02 '96 05:O9PM CHICE TITLE PTOWER P. 10/13 that the Easements' land shall never be used for any purpose other than the construction of signs. In the event of a violation of this condition, the Board, its successors and assigns, shall have the right to enter upon the Easements' land to remove any improvement thereon in violation of this condition without liability for damage or injury thereto, and to recover the cost thereof from the owner of the Easements' land. The restrictions, rights and conditions contained in this restrictive covenant shall run with the land identified on Exhibit A and shall fforrec ever bind UFA. . its successors and assigns. . ''/"T" a' 7. Liability. OEA shall pay to the Board the cost o any real or personal property damaged by OEA's use of the Easements, an for any other costs Fes" incurred with respect to the location, relocation or removal of utilities affected by the Easements and the construction of signs thereon. The Board shall have no liability to OEA or others for any.condition existing on the Easements. 8. Taxes. Each party shall be responsible for the payment of any taxes or assessments imposed upon or arising out of the Easements based upon each • party's proportionate use of an Easement. In the event separate signs are constructed on an Easement by OEA and the Board, proportionate use shall be based upon the square footage of the Easement used by each party for separate signs. In the event of a, Joint Sign, each party shall pay one-half the cost of any such taxes or assessments; provided, however, that to the extent the Board is exempt from such taxation or assessment as the result of its governmental status or otherwise, the Board shall not be required to pay any portion of a tax or assessment imposed only the OEA as a taxable entity. 9. Assignment. The Easements are personal to OEA and may not be transferred or assigned to or used by any party other than OEA. 10. Conflict. • In the event there is a conflict between the terms of this Agreement, and the terms and conditions related to Easement No. l or Easement No. 2 set forth in the Contract and the Deed, the terms of this Agreement shall prevail. • OREGON EDUCATION STATE OF OREGON PUBLIC ASSOCIATION EMPLOYE'S RETIREMENT BOARD By 3i-jelM/ Nainer&' k-u -c - _ Natne: r r Title: Title:-- - — �_ Uk. , -----__---- Page 4 - Supplemental Easement Agreement . APR 02 '96 05: 10P11 CHILD TITLE PTOWER F'. 11.'1 STATE OF OREGON ) ) ss. County of Washington ) bE This i rument wa ac owledged before me on tlteQ?tday ot�' 624e.. , 1996, by _ who personally appeared before . nee id repre ented itat he/she execut d this Supplemental Easement Agreement as i • on behalf of the OREGON EDUCATION AS CIATION and as the free wilr and act of the OREGON EDUCATION ASSOCIATION. ti.1`tilti�til�titititittiltiti�ti�ti�f / . . =.� ! OFFICIAL SEAL ` FREEDA L.SELTZER 0 otary Public for. regon r `'�� NOTARY II� .OREGON r My Commission Expires: /2/��y y MY COMMISSION EXPIRES DEC.03,1899 I, ..:�5<.-�� .�■- . 4-c-4 - 1 . ,, • • OF OREGON ) ) ss. County of ) This instrument was cknowl ged before me on the I s4- day of 1r. � 1996, by WA/ who personally appeared before m and represented that lie/she executed this Supplemental Easement Agreement g reement a s I ► - ' on behalf of the-STATE OF OREGON, . PUBLIC EMPLOYES' RETIREMENT BOARD and as the free will and act of the State of Oregon, Public Employes' Retirement Board. ,tea OFFICIAL SEAL //' �' UN DA M BARNETT <_,G' /L /J�r--2___,,..\ Wof NOTARY PUBLIC•OREGON ota Public for Oregon COMMISSION NO. 028250 ry ��/f%�, MY COMMISSION ExPIRr_S OCT.10,1597 J My Commission Expires: Page 5 - Supplemental Easement Agreement APR 02 '96 05: 10PM CHICF TITLE PTONER P.12/13 EXHIBIT A A parcel of land situated in the Southeast one-quarter, Section 36, Township 1 South, Range 1 West, Willamette meridian, City of Tigard, County of Washington and State of Oregon. said parcel being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Deed Recorded January 29, 1962, in Book 456, Page 433, Deed Records for Washington County, Oregon, said parcel being more particularly described as follows: Commencing at a brass cap monument marking the East one-quarter corner of Section 36, Township 1 South, Range 1 West, Willamette Meridian; thence South o1°31' 36" West along the East line of said Section 205 .82 feet to it' s intersection with the Westerly right of way line of Interstate 5, said point bears South 25°22'42" West 67 .01 feet from a point 160.00 feet right of Engineers Centerline Station 28+00 P_o.C. ; thence along said right of way line South 25°22'42" West 562 .74 feet to a point 195.00 feet right of Engineers Centerline Station 34+00 P_O.S. ; thence continuing along said Westerly right of way line South 06°19' 27" West 13 .50 feet to the true point of beginning of the hereinafter described parcel of land_ thence leaving said line North 84°27' 53" West 314 .61 feet; thence South 50°32' 07" West 113 .50 feet to a point in the Easterly right of way line of Southwest 68th Parkway, a dedicated street 60.00 feet wide; thence along said line along the arc of a non-tangent 339.50 foot radius curve right 419.05 feet through a central angle of 66°47' 12" (the chord bears South 00°35'19" 395.73 feet) to a point of reverse curvature; thence along the arc of a tangent 256.48 foot radius curve to the left 11.03 feet through a central angle of 02°27' 54" (the long chord bears South 32°44' 58" West 11.03 feet) to a point of compound curvature; thence along the arc of a tangent 46 .95 foot radius curve left 101.27 feet through a central angle of 123°35' 54" (the long chord bears South 30°16' 57" East 82.75 feet) to a point in the North right of way line of Southwest Haines Street, 30.00 feet Northerly of (when measured at right angles) "G" line as established by the Oregon Department of Transportation and described in Recorder' s Fee No. 80022549; thence along said North right of way line North 87°55' 07" East 46.37 feet to a point in the arc of a tangent 268.73 foot radius curve to the right, said point being 30.00 feet right of Engineers Centerline Station "H" 49+99.46 P.O.C. a "G" 53+39.79 P.O.T. ; thence along the arc of said curve 20.01 feet through a central angle of 4°16' 00" (the long chord bears South 89°56'53" East 20.01 feet) to a point of tangency 30.00 feet right of Engineers Centerline Station "H" 46+81.68 P.C. ; thence South 87°48'53" East 43.25 feet to a point in the arc of a non-tangent 209 .15 foot radius curve to the right, a radial line bears North 39°22'55" West to said point; thence Northerly and Easterly along the arc of said curve 166 .64 feet through a central angle of 45°39' 05" (the long chord bears North 73°26' 36" East 162.27 feet) ; thence tangent to said curve South 83°43' 48" East 51.35 feet to a point in the Westerly line of Interstate 5, as established by the Oregon Department of Transportation, said point bears North 06°19'27" East 44 .17 feet from a point 150.00 feet right of Engineers Centerline Station 39+00 P.O.S. ; thence along said right of way line North 06°19' 27" East 460.51 feet to the point of beginning. SUPPLEMENTAL EASEMENT AGREEMENT- 6 - , APR 02 '96 05:11PM CHILI= TITLE PTOWER P.13/13 EXHIBIT B r 'I tot pI,rn-w• y al Old.n ��,c ' , jeeannta yew tone with tele•enea II to SIMMS a,ia e{nar pa►CQie• i� I wN4e this plat is bat+cwee to l[ / be esvteet. the company'nu rig.; rem r>a a lot any Is sectoring by',lean G1 reliance thereon,' /Ho_ tS\� oa�1 i • &caw To LE so �,� , i 6ia�.as l rioo! / V. .r 10 r mom. ^r et _. -1L.' s �acc: f � 1 101 L1 ,� - '4' / LCjLC �+ i` ! r It a� i V Si L �� try' 4 L13 Z]' r• el Clioj • pt • ; !Cl.. • l - t I m. I^ f } •` . f i 1 1 .,-,... 0 1 if7 .r- r.i1 ��r r i - r 44 " 11 1 : p =115' �[ A WO n ` 1 EET 1 e �� i •11/ � �� etc c ;�. � . •T r•+ - 4• r' SUPPLEMENTAL EASEME.PT .AGREE KENT - 7 • • SL .A AP FOR ASSESSMENT PU. ES ONLY C{MCL.1.LL t C is soo,.00,wl gl IS I 3640 DO NOT RELY ON FOR ANY OTHER USE aoo.•00,sw. ∎)oc,noo,w( yI / 7 513,G�4- /4q I/2 w. arc f i ,i\11'i11\\ 1 .....1• 4.5 L1$LYLYT�)2)/fl S.f7 T.TT Iff 14110 •{)•)1 471.16• 1 r4 200 I00 2400 2.32Ae. 9.91 Ac. O.43Ac. , I. / 2 F J..95 Ar. •/ I •i I r 51111,11111-4 340 • 7 3, / 1 /I I ° - I I r r k I 1 I' •r" J I t /o /••• . • 61 s I ! r 4)44 / 1 „„„iplqi ' P O N D 1 1 / 0/ J 1 /1 C•IT 5 5 O.1 '• 71.54 54 %I/I. --1 i I ak' .c.,,p. ,1 K. //I i S14.61 1 4 b110 \•• 01 i 1.02 At. ! 1 kr) ., , f„ , . I .,. 2301 ++ El I 2;3 1.,„„„i •Jae Ac. ! 1 .1 I r L r MILSTEAD&ASSOCIATES :I Y 1 I JWM I- 1 1 • SITE ° PFD JAN 17 1335 OFFICE to ( 1 r ( RECEIVED FILE: I / 1 7.14 /°• / 1 ^ /I.1715 4 �i, fT.n IMO i.... . awf MOWS �� .44410414 _ _ _ / :iv�1 ?+, te r I �."-lL •L1t '"•••141.1. I 1'PI7K — E E N _ —7'� -7..�!-- — l 1 T1C 7 IS I DO 71TGAfirD IS -7-7;44 te„,?„,t9A-le LAND USE NOT1FiCA,cCN PRCCESS Preapplicaticn meeting Applicant reviews proposal with start Staff explains code requirements and netificaticn requirements for the following appns_ Comprehensive Plan Amendments Zane Changes Subdivisions Sensitive Lands Conditional Uses Site Development Review Applicant makes arrangements for neighborhood meeting Applicant's choice of date (using start guidelines) Schedules fadlrty Applicant prepares letter regarding meeting Briefly describes development, location and sets date, time and place for meeting: (Meeting date within 2 - 4 weeks of date letter sent). (Provide 2 weeks minimum native) Applicant mails letter of meeting Applicant gets list of atfeCed property owners from available sources_ Applicant gets list of CT contacts from city. Applicant prepares affidavit of rnaiuing an farm provided at preapplication rr.eeting. Applicant posts site an same day letter of meeting is mailed.. Must be pasted at location viewable from a public-fight-of-way. Sign shall state that site may be under consideration for a land use application and a phone number where the applicant can be readied for additional information. Acplicartt prepares affidavit of posting on form provided at preapplication meeting. Meeting held Applicant presents proposal, incuding city requirements, answers questions_ Makes nate of names and addresses of individuals who speak and their comments. Applicant modifies proposal if desired. Applicant submits proposal ;a city for review including: A copy of letter sent regarding meeting with a mailing list and affidavit cf mailing. A copy cf the sign-eta sheet(s) from meeting(s) held with interested citizens cn the proposal. / aljZ 04/02/96 09:13 '®'50:; ''2 5504 OPERS uu2 ti SPEAKER SIGN-UP SHEET PERS NEIGHBORHOOD MEETING March 20, 1996 Name ` o t�ti - cPr(-\ Affiliation Address c6 17 e i.. o /4.0 17 17.e / A( j d v ! 7-- ( L) .K61 - ?go 1 would like to speak to the group for approximately minutes. 2 4 ' 0ifi3 04/02/96 09: 1.1 12503 '12 5504 OPERS • PERS NEIGHBORHOOD MEETING VISITORS' SIGN-IN SHEET DATE: March 20, 1996 �x y Kq,� %� � '"y°So 4 ^.__+j._"'f��rf� �e�y�K � u'l�.'aJr ks •n• �"�'w�'� t % �4E' �p�eas� r � �vn. AGCY/ORGANIZATION and ADDRESS O t so-h) 1270 Skald S 4L PDAR'RAtJb Qg 9-7210) , . 1 - VANS f ire ' -r 'S E 1 �a4LicN1 9 7 31 C Ca�1v �� rr aD. `J 2'a7 /0/7/ S4 4.rriIa,J2,r), ?; JLerctf S&NT>eRSI ' F.a• T3 PnTr D �TZ_ 9-72.0-7 *41%, in/01C. logp S yeti 4701/4•640 41d7204 ile ER LEen.__Nc Dic=o4NAL,_ lev& *Tye mmee4e .ovr-Aoa.toes. of a 04.02/96 08:46 $5u3 55u4 iPER:i 002 M & A MILSTEAD & ASSOCIATES, Inc. tel. (503) 654-2336 CONSTRUCTION PROGRAM MANAGERS fax. (503) 654;2.69$TEAD zk As 10I21 S.E. SUNNYSIDE ROAD, Suite 335 SOCtATt_S feel �c>rol CLACKAMAS, OREGON 97015 t a �' �► ... ''� 199E t.WNFf Transmittal Form FILE sent vin • moil o messenger a fax o hand entry — — far your o iiiIu • action u review and comment TO: .. •OOP A 5So • 'PL.- ✓ Si 0/4 FROM: v . • ` ad DATE: RE: IPA • - A �s '. 7P' 4 r'E� 1130 y 1457214444y ATTACHMENTS Qgzi/AjAL— A 1A'avir 477A_ /�jorrr� Jr or 774x Tqp w/7hJ`um�r - •, n OF I40r7GE eet '1%4)44•-4 L/t? REMARKS: mf . : .ai bD i11..- _ Lz_- copy to: M2.444,L;E ,QS P'C- 11 4 /z 04/U2, 96 u6:46 $5U3 222 5504 uPERS Z0u3 P,L!C� Narzzia LL1 A 1-11) fe2,x_ ge_piZEt.'1Ei,j7- Si.=;e3 Pr e r t y'. T a x M a c.. a r 4 Lzt . 4T' 1 5 - 1 T , oT I al (2 Add= V'General L.^= 1'30 11. �j, . ! aP'R "1147' "12I7 ai cLe.0 AFRDAV1T OF POSTING NOTICE ?72Z. I. Ai • L L-4-1 - do atrism uraz t am (repsesectg tree cagy trta=rts =are= to a przGased (900'cr7P aBeCtng uie Lana located at S S• . i 'i and did on ttae 'Z 5-/ Gay at � , 19 767 perscrsalty post ncucs indlc rng tras me site may be =posed for a ,07r n o c._1 9 b;M li=atcrt, and ate Tame, daze arc! ct a neictrbort:ood meetinC m Gisa=s the The sign was p=ea aY 6t,(171:1 jar eogAIEk 1 nhT-Rs, x[ 6;5 ' (=as Icisison cn prooert, I 1i4g6 goChr,- This /5 day -, : 19 t1 _ - igratUreC" S, eC a sworn . Cemre me mss th day G't Q�lNJYlrr./1YlfFlGlrL/{{i//�rrr� i ti N ;Public tot a Sate of Oregon "$i-;' JAIME SCHENEMAN my • • :xpves ()Gfr - -- 10; )c.7 c c NOTARY PUBLIC-OREGON`�' , O 1, r r r r Or J ra%234 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS A FiDAYiT TO: Cary ct Tigard Planning Division 13125 SW Hall Shit, +cart± OR 57713 icy= V�1Y_saic:r, (7(- 1 C114,1A 5112 9.1 92 96 98:47 22593 222 55u4 °PERS ZUU4 '7 Y 3 . y- MEETING NOTICE OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM IS PROPOSING A CONDITIONAL USE AND SUE DEVELOPMENT REVIEW FOR A 60,000 SQUARE FOOT, THREE STORY BUILDING AT THIS LOCATION Prior to applying to the City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a public meeting on: 7:30 P.M. Wednesday, March 20, 1996 Tigard City� Hall Meeting Room 1 13125 SW Hall Blvd. Tigard, Oregon 97223 1 PERS Project Coordinator Vickie Sanderson Phone Number 503) 229-6435 Please Note: This is an informational meeting on the Preliminary Plans. These plans may be altered prior to the submittal of the application to the City. 114,'02, 96 08:.A9 $503 222 5504 UPERS uu,, AFFIDAVIT OF MAILING STATE OF OREGON SS CITY CF TIGARO t. VICKjE SA�__ �So� , being duty sworn. depose and say =at an r e3p.diaRy l9 q l!� , i caused to have =stied to east at the persona an tSte at ac ted 1Lzi a =too oo ai a meeting to discrss a p oposed development at t 3(Y8 6,P) 'PAR}ctc)< 1 r 4Af D R. , a copy ai wttidi natics so mauled is attaded hereto and trade a pit i at yeraot. i further state that said notices were enc.+csed in enveicpes piainty added to said per -ons and were deposited on the date indicated above in the United States Past Cthce at 1505 `uW (rte PDRTLA I), p'P� , with pcs ge prepaid thereon_ Signature Suitsa7bed and sworn to before me this day or Feb 19 ti -a1•■.a.aoc� " 'IC�4L$iG:L. i !\, ' / \l Cr d ) Notary Public • • %J. :� Commissien ir 7- 7 • h:\icsin�o�s'mmLc: 7 4 iz 04/U2;96 1.18:48 $5113 222 55114 ()PERS 11116 February 28, 1996 Ms. Mary Swintek EAST CIT REPRESENTATIVE 9915 SW Frewing, #23 Tigard, OR 97223 RE: PERS Office Building Dear Ms. Swintek: Oregon Public Employees Retirement System (PERS) is the owner of the property located at 11308 SW 68th Parkway, Tigard, Oregon. We are considering proposing the construction of a 60,000 sq. ft. three-story office building with approximately 200 parking spaces, which we will occupy, at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with surrounding property owners and residents. You are invited to attend a meeting on Wednesday, March 20, 1996 Tigard City Hail Meeting Room 13125 SW Hall Blvd. Tigard, OR 97223 7:30 PM Please notice this will be an informational meeting on preliminary. plans. These plans may be altered prior to the submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at (503) 229-6435 if you have any questions. Sincerely, Vickie Sanderson Coordinator 0 •'0 96 08:47 $5u3 222 5504 2 UPERS u115 o o • ti 1 Pp NO I 1111 . III I/ • a _R i =- 1 j .LNT •s t.1 — / 1 '� ,, "� 1 _ / 1 { /1 9/ / .i. • f. / I �/ s1a.1 %. 4�'/e / 4a e� 101 A - s oz Jr / r' '° / la 1 . . t 1/ 23- 64 I ! ,...... / ` Y / 7 V • °1 • Q 0. / r a I s / r 4 • I , / I `r I, / / 13 wAs►IftI To con rr O EcorN csc ' 41',... . . SO'ALE I":100' ‘4 sFe waN � tS I +lA Z ro MS. 1!,4011) , ill A. rll urns + fi 111.E.f'L .D-eaoff 6.11/... fO"-fla7 .r--f �TL•„alGt6 r la 'TL.ANTA l / STREET %I.• ilirTNA ..i W a°%oic 7°,141\ a ~ IIp•,111 00 2 o0 3 -iT&4 * •Do il k W 4 21 �' .' 1G9.2 Jt) e+t 11L 3 22 X.S �_,j + 'Cr 1!I00 2 20 1 j 4• 2 td AC. 2 l6 )! 20 ?f z 2 3 !. 2 it ; r t o / s T 1400 S / *41 — W 4 19 < , b>b ad �. + 17 (0‘,. .11e8 � e. ti &•I••1.ra 3 s°�°c �, T T T T ' I7 b II t2 13 K l5 9 10�� I. 30 I x = �► �} 1 IZ rs 14 f3 16e to II Iz rs 14 15 16g! i I- - Cn "' trs a to c M.J 1 t 1 -j L mfr ore La 1 ,» I p p. 1 S Li r LOR STREET"/ z + I I } 00 '� ti s e ss �. p K '� 3300 3 I WI 110 ? R45!L 1 7 B� 33°° •x fr 3900 3800 0 1... �2— 4 3 T era 1 -, • • Cri,� 4 ... ._ .. 94 12 t'4.02/96 118: 18 $5113 222 55114 i'PERS rei11117 Ms. Mary Swintek EAST CIT REPRESENTATIVE 9915 SW Frewing, #23 Tigard, OR 97223 Mr. Craig Hopkins EAST CIT REPRESENTATIVE 7430 SW Varns Street Tigard, OR 97223 Mr. Mark F. Mahon EAST CIT REPRESENTATIVE 11310 SW 91st Court Tigard, OR 97223 Mr. Joel Stevens EAST CIT REPRESENTATIVE 9660 SW Ventura Court Tigard, OR 97223 Pat Wyden EAST CIT REPRESENTATIVE 8122 SW Spruce Street Tigard, OR 97223 Bay 606 Corp. By Evergreen Timberlands Corp. 400 Northcreek, Suite 700 Atlanta, GA 30327 Northland Homes, Inc. 1834 SW 58th#202 Portland, OR 97201 Oregon Education Association 6900 SW Haines Tigard, OR 97223 Way W Lee General Contractor, Inc. 5210 SE 26th Street Portland, OR 97202 Ms. Jackqueline F. Byles 13090 SW Carmel Street King City, OR 97224 101/2 o.14-u2-06 08:48 $503 222 55u4 uPERS 008 Mr. Bradford Vincent 6830 SW Haines Road Tigard, OR 97223 Ross L. & Vicki L. Mercer 11535 SW 67th Tigard, OR 97223 Family Baptist Church 11585 SW 67th Tigard, OR 97223 Health Physics Northwest, Inc. 11535 SW 67th Avenue Tigard, OR 97223 Tigard Water District 13125 SW Hall Blvd. Tigard, OR 97223 Mr- Alan Craig Peters 233 NE Holladay Portland, OR 97232 Ms. Anne Leiser 6009 Pendleton Court Portland, OR 97221 Mr. Fred E. Jensen 1031 SE Mill Street Portland, OR 97214 Mr. Christopher Beniston& Caree LeRoyce 11570 SW 69th Avenue Tigard, OR 97223 John E. and Janine M. King 2736 Malibu Way Eugene, OR 97405 l l (fl Z '14 16 06 7 51) $503 222 551)4 ()PERS WI 012 Oregon Department of Transportation Highway Division, Right-of-Way Section Transportation Building Salem, OR 97310 12 12 P5'L /bJc2r fiE CALw ,iy/oiJ 6/ m Ve v t o/ HE /1 REV/a1d1 4 oci 000 ova fMote. . . . . . 52o.ae�1 � iv* 04.10 •+se s+try.+4rn.N KE 6041E0. 2/tk►i 77a•440) Ic3 ciao PkR Arrpco giontlATE. ./e a. ti Co 2E 41756, 4:4i "= rortr 42467 SITE DEvEtoPOSIT" 87B,3a9 itt 7vrA-[ . 6, 4060siclus• - Fo--if--e° , -- 1, 000, 000=P 62010- 4, C06,3141748 e 4 /01000 4Ca•c0 ("grim) x 1°° 4 & toe__ + 1,43,00 5 (TE tvw1'1-1EIJT .- ii 986, vo PsVIE Ai Eg. 03/29/96 09:43 $503 684 7297 CITY OF TIGARD 2001•'002 Cmr OF TIGARD O EGON SETTING THE STANDARD FOR SERVICE EXCELLENCE Facsimile To: • Company: _ Phone: Fax: 14- From: i . 4 ..,a � Company: City of Tigard Phone: (503) 639-4171 Fax: (503) 684-7297 Date: `Vc3.j' Pages including this page: COMMENTS: 11! ' . • L. - _ affilmwsimmompr- - IpmFA � • prof. A e , JWM SITE OFFICE !1 OWNER ARCH 1 _ FILE: City Of Tigard, 13125 SW Hail Blvd., Tigard, OR 97223 PLEASE DELIVER THIS FAX IMMEDIATELY " 03/29/96 09:44 '$503 684 7297 CITY OF TIGARD Z002/002 r LAl USE APPLICATION FEE SCHEO' APPEALS . 00 Director's Decision to Planning Commission 23 235.00 + transcript \ costs Planning Commission/Hearings Off.to Council 125.00 BLASTING PERMITS COMPREHENSIVE PLAN PROCESSING Text only, Map only, or both 675.00 CONDITIONAL USE PROCESSING 365.00 Conditional Use Review `� ti FLEXIBLE SETBACK STANDARDS 80.00 80.00 2 �, HISTORIC OVERLAY DISTRICT HOME OCCUPATION 10.00 . .44' $ Q 1 TYPE { 50.00 TYPE II 50.00 INTERPRETATION OF COMMUNITY DEVELOPMENT CODE ,H o by Community Development Department LAND PARTITION 2 � Residential and Non-residential LOT LINE ADJUSTMENT 50.00 J y� PLANNED DEVELOPMENT PROCESSING scum Conceptual and detailed plan review $ Z a SENSITIVE LANDS Flood plain 520.00 y Z Wetlands/Steep slopeslDrainageway 235.00 SIGN CODE EXCEPTIONS 230.00 k),-N" S4 SIGN PERMIT 0-24 sq. ft. 10.00 * I o c_i■ 24-100 sq. ft. 23.00 v r 100 + sq. ft. 35.00 I 10.00 each sign I Temporary signs SITE DEVELOPMENT REVIEW 80.00 Under$10,000 180.00 $10,000 -$99,999 155.00 �Q $100,000 - $499,999 315.00 dv $500,000 - $999,999 520, +51 $10,000 Tic $1,000,000 or more .00 + ;SILO SUBDIVISION PRELIMINARY PLAT • • ! - 105.00 Subdivision Variance, if needed c _ TEMPORARY USE ~ ` 3 o w uj u,_0 0 < 7 50.00 Director's Decision w - Special exemptionlNon-Profit �¢ • • • • (b' • 'o 144,00 /tree + $5/each TREE REMOVAL PERMIT O0 • • •' �' ' ''� add. tree VACATIONS w X 300.00 deposit - Streets and public access ad W actual costs wLC charged VARIANCE 80.00 . Administrative J-J a ' 230.00 Sign Code -- - - • - 'T-. ZONE CHANGE ANNEXATIONS 520.00 Less than 10 acres 525200.00 10 acres or more ZONE CHANGE PROCESSING 520.00 5200.00 Less than 10 acres 52 10 acres or more 310.00 ZONE ORDINANCE AMENDMENT JOINT APPLICATION PLANNING FEE 100% of highest planning fee plus 10% of all additional planning fees related to the proposal. Approved by City Council Effective 2/1191 Ir11 . • ••�'►�r --- `i • IDESIGN NARRATIVE The Public Employees Retirement System (PERS) Headquarters Building design concept is Ibased on two notions: 1. A building which responds to PERS' need for an open environment, which provides an efficient and organized working environment. The planning addresses the need for flexibility and to allow change as PERS grows. I2. The building must respect the public's desire that state office facilities be efficient and cost effective, while retaining a quality standard comparable to that found in private sector development. The site for the PERS Headquarters Building, a four-acre site in Tigard, Oregon, is bounded I by I-5 to the East, Haines Road to the South, 68th Parkway to the West, and a computer operations center on the north. The site has substantial quantities of a wide mix of second growth timber. The site slopes steeply from the high southeast corner down to the northwest. lDevelopment includes a three story, 60,000 gross square foot office building and parking for approximately 180 cars. Due to the slope of the site, the building's main entry is at the i second level, which contains PERS boardroom, reception and office space. The third floor is office space. The first floor, which has daylight on the north and west contains office space, employee lunchroom, computer facilities and PERS support functions. JThe parking is tiered, or stepped up the hill. The building and parking are handicapped accessible. 1 The exterior of the building is brick and masonry, with reflective glass. The site is Ilandscaped. AREA TABULATION Floor Gross Net Usable 1 1 20,514 SF 16,995 SF 2 20,470 15,900 I 3 19,818 16,842 jTotal 60,802 SF 49,737 SF I -1- l From:Architectural Cost Consultants To: Phil Rude Date:3119196 Time:11:06:55 Page 2 of 13 PERS Headquarters Facility Architectural Cost Consultants Estimate Date: 18 March 96 Portland, Oregon James A. Jerde,AIA Stanley J. Pszczolkowski,AIA Document Date: 27 Feb 96 !Fletcher Farr Ayotte DRAFT 6441 SW Canyon Court,Suite 103 Print Date: 19-Mar-96 Portland, Oregon 97221 Print Time: 10:51 AM Schematic Design Cost Estimate Phone (503)297-7210 Fax (503)297-7187 Constr. Start: 01-Jun-96 Direct Construction Cost I %of total Cost/SF Cost Total j J SUMMARY SHELL&CORE 60,680 sf Site Work- Building Related 0.56 % $0.65 $26,614 Concrete 7.19 % 5.67 344,264 Masonry 6.34 % 5.00 303,528 Metals 11.88 % 9.37 568,697 Wood& Plastics 1.03 % 0.81 49,311 Moisture&Thermal Control 3.35 % 2.64 160,344 Doors, Windows & Glass 5.23 % 4.12 250,212 Finishes 14.21 % 11.21 680,097 Specialties 1.32 % 1.04 63,094 Equipment 0.03 % 0.02 1,300 Furnishings 0.00 % 0.00 0 NIC By Owner Conveying Systems 1.86 % 1 47 89,000 (2) hydraulic elevators Mechanical HVAC 11.51 % 9.08 551,046 Plumbing 2.16 % 1.70 103,156 Fire sprinklers 1.88 % 1.48 90,083 Electrical 14.93 % 11.77 714,300 Subtotal $3,995.045 Contractor General Conditions 7.51 % 5.93 359,554 General Contractor Fee 3.87 % 3.05 185,070 Estimating Contingency 3.66 % 2.88 175,000 Index to Constr. Start 1.48 % 1.17 71,000 TOTAL DIRECT CONSTRUCTION COST SHELL& CORE 100.00 % $78.87 /sf $4,785,669 Site Development 14.47 /sf 878,309 TOTAL DIRECT CONSTRUCTION COST SHELL& CORE wfSITE WORK $93.34 $5,663,978 The above costs are for direct construction cost only. They do not include furnishings &equipment, consultants'fees, plan check fees, inspection &testing fees, financing costs nor any other normally associated development costs. Summary 16 RECEIVED PLANNING M & A MILSTbtD & ASSOCIATES, Inc, tel. (503) 654-2336 MAR 0 4 1996 CONSTRUCTION PROGRAM MANAGERS fax. (503) 654-2698 10121 S.E. SUNNYSIDE ROAD, Suite 335 CLACKAMAS, OREGON 97015 Transmittal Form sent via ♦ mail o messenger o fax o Band carry for your o info • action o review and comment TO: MARK 1 ERT , A .50.6/47-g" VILAtv/JFg _CITY I PL-44,-i i i L&J74 01051 0/4 FROM: . i.• , ) _ 1- 0. ,,, r DATE: � ' 2ei Lig 4v RE: ., ,r •_!. , A n f iI /1 �Q- ! S *► . 130g5 v1 Ay ATTACHMENTS l — 0214 ,Ji41-- 1'4r7,610141-vir of 14 $771,.4 IV 0rcE " x 1 L F► QQ/er r)711 ( -- I, �, OF 774X Mk n w( r);r — ' z OF Ai p77CE lT+FR Ar�+o "9".4)14 A.4 LI G7 REMARKS: .�L r. �r �a..� : ita ei1' Jiff . ail • o 4 of r - 9f / Vi /LIAR it f .5/4rurnw.r ' uDT 'f S, wjw j2,r e2F-w,r f ithwie mA,tom/ -wt.. .., S. • G • r P '■ copy to: 14..4e 5i9i„pEtQS�Af, c q& 4 J J�vv�L-?U 171-0YEES Name aCCricarl M I. ILL A I-1 S ort_ 'E Q rl r st.;e P T r..c e r y Tax Mao and 1= # >-14p 15 - 1 -3 Cc DA / L07' *go/ ^(23-250_ ?�dresv cr General Location 11'3 Og •�. Lo 072 / /21K/, /Ao', / I Li 14217 affeleij AFFIDAVIT OF POSTING NOTICE 77223 3 77rf L 1 L1,1A1'4 f/>:,EK`7 , do affirm that I am (represent) the party Initiating interest }n a proposed (on coo 5F t -tcf P.'w L-D/AJCy affecting the land located at /1.3os S.k/ CP p ,2. Ii 774_20 arxi did on the 2 t day ct , 19 ?ev personalty pcsz node indIc3fing that the site may be proposed fcr a r01.0D!?l Pu19L 115E 1.S ITED0404-e-rn&orapplIcatton, and the time, date and pace cf a neighbornocd rneetu-tg to dizc.ss tie proposal. The Wig:t was pcs.Ed at 6D C.Th L r Cor 5 + I P-h of 425 6/2642,- r (state location cn property) This day ct 19 icnaturadir St. abed and sworn aff"u pied. before me this St day cf ,t✓C� , 19 q , 3C11rr2,1Yrrl1JOFFICIAALL a-"rlJ� N r Public for • e State of Oregon C��,�,, JAIME SCHENEMAN • \ My • Expire NOTARY PUBLIC-OREGON I � J COMMISSION NO.047885 1JY11�11JYl!,ll/YfrO/eiR 12. WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: Cty cf Tigard Planning Division 13125 SW Hall Elvd_ Tigard, OR 97?73 MEETING NOTICE OREGON PUBLIC EMPLOYEES RETIREMENT SYSTEM IS PROPOSING A CONDITIONAL USE AND SITE DEVELOPMENT REVIEW FOR A 60,000 SQUARE FOOT, THREE STORY BUILDING AT THIS LOCATION Prior to applying to the City of Tigard for the necessary permits, the applicants would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a public meeting on: 7:30 P.M. Wednesday, March 20, 1996 Tigard City Hall Meeting Room 13125 SW Hall Blvd. Tigard, Oregon 97223 PERS Project Coordinator Vickie Sanderson Phone Number 503 229-6435 Please Note: This is an informational meeting on the Preliminary Plans. These plans may be altered prior to the submittal of the application to the City. � 4 � P i /r / • ►, I , ' ►f I^ / i / I POND 1 '" • 1 / / / I / / w LAST 661.1 — I n, .4 T6.36 --— 96 NIL i / / el 23- 81 ',i gI$ I / EASEMENT N-39637 9/ l i'; lV90 / / ;yam t / j i 4.024r 00 leit / / / '3c r / / , . ' :11 23- 64 1 1 / ..„,.- x/ `I p f oI / I p° e / I/ . k i/ Sr..tar (^ / / ` 3 I.• 1-11 il WASHINGTO COUN (Y OREGON ZN) S ALE 1";100' " + v SEE MAP 4, --4—"-1-- , ��' IS 1380A T to- r (GS 19,408) —} -- '� , �� ,1 HIATUS �„�jF / 1�M•H�'q•is_ so-!306(1 i.lA p 1571 ITA. ; .,M1. 4'A frAT) 1 —^� 'Cl..` v::T+`CT40. Th. t-%-14'T.A.1;'l{\\\ \'L\\i!\4�.t�'ei�1\itireti\1l\\-111.\ O\\ •{' \t TL. T+`,7 . j / STi7EET r, ,00• r7' into • w I000 900' 'I 6 2� r .„.... .344a S0-1111 /* (� €3. ; lTA 40 t IQ 3 22 / / 4 - 1 o oa w d 21 1-e'." i�ij.l7 (c 3.222x1) fTA .++6 3 22 V 2 0 lC)*y - }I Cr p30i1� 20 _ 4. ? :W A 2 19 b I I 3 20 W I 5 / 2.'1r--•-- IN—� _*d I 19 o 0 7 1400 00 — —:' 4 I9 N. Q �_ b B + - .t. •Q'•1 4 18 is ! ILi o VI 4.y + 17 0 ,.�; • 2 > STA.414111.68 •T 1200 1300 *1� � ��r�- T r r "� Q .td AG 50 X a' if aI1I2I3 4 15 >Lij I 9 10 II 12 13 14 15 IQ $9 10 II 12 13 14 15 16§1 i •i 1"' :� fry' ad a' t 1'i�j a eft !s' nr !V sr es• 1 x CC to In1 >m• . 20• :®• !d !e� !D•l26' >m•1 i0• so 1 w tlAYLOR STREEP ? +es r!s es W ar 2e a Ira ss n as es i .93 00 ,J 3900 3800 _1 3300 3301 1•t2 3 4 5 6 7 82 + 1 2 4 5 7 e 1.I 2 3 4 3V 6 7 f_° r 131*..16.6t.N February 28, 1996 Ms. Mary Swintek EAST CIT REPRESENTATIVE 9915 SW Frewing, #23 Tigard, OR 97223 RE: PERS Office Building Dear Ms. Swintek: Oregon Public Employees Retirement System (PERS) is the owner of the property located at 11308 SW 68th Parkway, Tigard, Oregon. We are considering proposing the construction of a 60,000 sq. ft. three-story office building with approximately 200 parking spaces, which we will occupy, at this location. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with surrounding property owners and residents. You are invited to attend a meeting on: Wednesday, March 20, 1996 Tigard City Hall Meeting Room 13125 SW Hall Blvd. Tigard, OR 97223 7:30 PM Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. We look forward to more specifically discussing the proposal with you. Please call me at (503) 229-6435 if you have any questions. Sincerely, Vickie Sanderson Coordinator Ms. Mary Swintek EAST CIT REPRESENTATIVE 9915 SW Frewing, #23 Tigard, OR 97223 Mr. Craig Hopkins EAST CIT REPRESENTATIVE 7430 SW Varns Street Tigard, OR 97223 Mr. Mark F. Mahon EAST CIT REPRESENTATIVE 11310 SW 91st Court Tigard, OR 97223 Mr. Joel Stevens EAST CIT REPRESENTATIVE 9660 SW Ventura Court Tigard, OR 97223 Pat Wyden EAST CIT REPRESENTATIVE 8122 SW Spruce Street Tigard, OR 97223 Bay 606 Corp. By Evergreen Timberlands Corp. 400 Northcreek, Suite 700 Atlanta, GA 30327 Northland Homes, Inc. 1834 SW 58th#202 Portland, OR 97201 Oregon Education Association 6900 SW Haines Tigard, OR 97223 Way W Lee General Contractor, Inc. 5210 SE 26th Street Portland, OR 97202 Ms. Jackqueline F. Byles 13090 SW Cannel Street King City, OR 97224 Mr. Bradford Vincent 6830 SW Haines Road Tigard, OR 97223 Ross L. & Vicki L. Mercer 11535 SW 67th Tigard, OR 97223 Family Baptist Church 11585 SW 67th Tigard, OR 97223 Health Physics Northwest, Inc. 11535 SW 67th Avenue Tigard, OR 97223 Tigard Water District 13125 SW Hall Blvd. Tigard, OR 97223 Mr. Alan Craig Peters 233 NE Holladay Portland, OR 97232 Ms. Anne Leiser 6009 Pendleton Court Portland, OR 97221 Mr. Fred E. Jensen 1031 SE Mill Street Portland, OR 97214 Mr. Christopher Beniston& Caree LeRoyce 11570 SW 69th Avenue Tigard, OR 97223 John E. and Janine M. King 2736 Malibu Way Eugene, OR 97405 E, Inc. Wetland Environment Technologies,Inc. 5 March 1996 Franklin L Evans Dept of Administrative Services 1225 Ferry St. SE Salem, OR, 97310-1561 RE: PERS Site, Tigard, OR. Dear Mr. Evans: On 4 March 1996 a wetlands delineation was made for the PERS Site. I found there are no areas on site that qualify as Jurisdictional Wetlands. Jurisdictional Wetlands are defined by the presence of all three of the following parameters: a dominance of hydrophytic (water loving, OBL,FACW, &FAC) vegetation; hydric soils; and wetland hydrology (soil inundation or saturation within 12" of the ground surface for three continuous weeks of the growing season, March to November). Vegetation on the Joint Site is dominated by upland species. The overstory could not be assessed because the trees are deciduous, no leaves were present. Typical species are Filbert (FACU), Doug fir (FACU), Maple (FACU), Hawthorne (FAC), and some Oregon Ash (FACW). The understory was almost singularly dominated by Blackberries (FACU), and Sword Fern (FACU). Soils on the site have been mapped by the Soil Conservation Service (SCS) as Woodburn series, an upland soil. A soil sample confirmed the SCS mapping. Wetland hydrology was not present. It should be noted that rainfall this year is above normal. There are no seeps on this site. The topography of the site is steep, there are no places for water to stand. In conclusion, none of the three of the required wetland parameters are present on this site. sincerely, c 'A cott J. i Professional etland cientis enclosures P.O.'Box632,Corvallis,OR 97339-0632 (503)753.56335 >'..#2;‘,11 '..,..,..*r-- ,4,,..,, ..„ :: „ • .1;0, . .,,,,,,,, —141xfg':.0 .t°.i.'4,'4!".11 f} a:• . msY ) 40 #• L ,f". ) T !7G � � i ,, nP \ / ! !' .. r f a ,• . . iy b s .i ' ms' f 1 # . -$ ..:, r sa �r j ...1,,,,`..4:-4 1:.'!, u 1 y If a•� 7F .. '� ‘'•'‘,. ..1: 1 '� ,,It w Iii � m 4 y �.;i' -.0 ,.' '- 1 f * f s , a M it t - .Li/1/Y Y `�R. Y SAT. :v 1�Q 7� Q'y.. SSS�Fa �d • Soli Map NWI Map PERS Site PERS Site Tigard, OR W.E.T., Inc. March, 1996 45 B Woodburn, 3-7% 45 C Woodburn, 7-12% Arm-Mounted Area toff Lighting lnur.Type: I FIX r URt ORDERING SEQUENCE CATALOG NUMBER DtsT. VOLTAGE MTG. OPTIONS 1 KVS KVE3 4008 ( 15 L , _ ( , I .• 1Es TypeV Symmetric CI 120 Shipped lrtttalled In Fatero HIGH PRESSURE SODIUM ❑ 20B O SF Single Fuse(120,277,347V) ❑ ❑ OF Double Fuse(208,240,480V) 4001N ❑ ❑ noNpnatoe Twist-Lock Receptacle only 25'to 35' Mounting ❑ 3+47 ❑ HS House Side Shield . Cl 430 ❑ TB' Architectural Colors(panted finish) O DWI Medium Bronze ❑ DWH While 0% 0 02L Black ❑ DNA Natural Aluminum MOUNTING ❑ D38 Sand Stone f/f/loi Ordering ❑ DGC Charcoal Grey Appttcatton ✓ Desk'. ❑ DIG Tennis Green Square Pole ❑ 3112 0 DBR Bright Red Round Pole ❑ RP12 ❑ DUI Steel Blue Wood Pore or Wall ❑ WW12 Mast Arm ❑ MA Shipped Separately' Photocontrols SPECIFICATIONS 0 PEI NEMA Twist-Lock PE (120,208,240V) HOUSING-Rugged,heavy-gauge,lightweight ❑ FEB NEMA Twist-Lock PE(347V) aluminum housing.Square shape,continu- e PEA NEMA Twist-Lock PE(480V) oust'seam-welded for weathertight integrity. Square 0 PS7 NEMA Twist•Lock PE(277v) Closed-cell EPT and butyl rubber gasketing. t7 (el Lens door incorporates a positive hold open rQO"t device for safety during servicing.Extruded [LF�aw aluminum 12'arm with integral splice compartment for pole or wall mounting,All exposed hardware is stainless steel.Dark bronze TGIC polyester powder finish standard with optional architectural colors available. OPTICS -Computer-designed reflector for precise IES Type V(Symmetric)cutoff.Fully fluted design redirects light around arc-tube EPA:1911.r/.36m'(Includes mtg.arm) for optimum lamp life and maximum effi- Weight.74 lbs./34kg. ciency.Meets ANSI specification 0078-1352. Contoured 3/16'thick tempered glass lens allows maximum transmission of high angle ACCESSORIES(Field Installed i order as mini.line Item) light.Vertically lamped. Tenon Mounting Uplifter s ordered as separate line item.Important BALLAST/ELECTRICAL SYSTEM -Constant with this accessory,an RP12 mounting arm must be ordered on the wattage autotransformer,copper wound and NOTES: fixture_ 100%factory tested.Removable unitized 1. Optional Multi-Tap Bauast Tenon 1 2 2 3 3 4 power door for ease of installatioNreplace- (120 203,240,277V) Size fixture fixtures fixtures fixtures fid7res fixtures ment of electrical components.Positive For Canada consult factory at 18C' at 90' at 120' at 90' at 90' locking disconnect plugs on primary and 2 May be ordered as accessory. 2-3le'OD 120-190 120-2eo T�290 120.320 720-390 120-490 r 2-71T 00 T25-t90 125.2e0 TA-290 T25.320 125-390 125.490 secondary cirrus s Mogul base porcelain a' o0 130-190 T10-290 t30.290 130-320 T30-390 130-100 socket,4KV pulse rated. Example: (Luna 1)KVS 4003 R5120RP12 LISTING-UL 1572 listed suitable for wet tune D T70-19e locations.CSA certified. rAL/THONIA ARCHITECTURAL OUTDOOR 1/91 APPCIPICATION GRADE CU'MOOR IIGNTING KVS S6 PHOTOMETRIC DATA The charts below provide the most useful data from photometric tests of specific lamplluminaire combinatiors.For complete results of any combination shown,or other requirements,contact your LITHONIA representative. • KVSR5 Teel■•w+N.,111101011702 LAMP 400.•a N►S 1.0440/014 WACO L...•.• 1ee..•.04 4.1.4 1444441 An 70'meunn..•.1/no 0111IAL 4001PCA4401.61 CIW* zwonsom ;Y■IY�� 1 iAe 14.041 7.4 (wy 1o7a 7•,•ND 770 e „,2 o.2 EtozirA y 7 ∎;. � 0.•. a 1 • I 1 0.2 1.1•• • 1 7 7 • s e C•Eu•CA r wan OY nOUnrc KCYoli •olAA.o NY!.a•A.•c e..n.•o. .ter w.....•w InA+AAA••.•.., 2!l 245 0 1 2 3 4 S A]• 1M ELECTRICAL CHARACTERISTICS I44N 0414141 ......' 10... • • fAM; s70V1 PM 4C7M 11011A00r ••r7A40.,4AUAi1 701r••• 5I041se1a .M1.N r•1 T4 lti •••r•VA•...I■ 120 2.12/1.10 10 2a l.4/1.0 114 •00•v.-M....1mm 240 1.1417.I5 1S0 MS 004 1016••10% 777 1.14/1.46 704 110 .77/1.07 144 Teskd b 0 nw+r 1E5 and W6M,o..do CI vrldro voble d le/baronet co V7nw aOCCii.YR loavl an cov.•dim bare. ,bb••oU end*dual Feld••.eo1.n•.nen4.D•wuons and 1penFcalices 07 based 0n 110 moss/71 I a•ailable dole end are Nubia*ro dlengl, fALITHONIA KVS S6 ARCHITECTURAL OUTDOOR S'ECJF1CATION GRACE OUTDOOR LIO4T1010 1991 ilnora 1,L 4p.4pA 72.CRAWFOROSV0.LE.iNO,AI.A•7217,TE_E•NONE 3'7 212..07' FAA 717 742•0461.A OW.04 UT..OAI.A LRIV71.4G•.4 CA4A0A•1100 SOT4 AYE LAC41•E.OVEB•C•1!2Y3 A ON OF 4.S.i.40.0i4GS.iNC. G?oL tt and tTs ixatz1 '71 and 1'and���£ C'onsuLt(n9 cSEtvice M E M O R A N D U M TO : Phil Rude, AIA Fletcher-Farr-Ayotte, P .0 P . C. /�+ `/ FROM: Bob Mazany ASCA #133 Consulting Arborist DATE : March 21, 1996 RE : Site and Plan Review PERS Office Building I have completed my preliminary site and plan review of the proposed PERS office building, S .W. 68th Parkway and S .W. Haines Road in Tigard as requested. The following narrative reflects information gathered during my site visits and a site review with Steve Shapiro, landscape architect from Murase Associates . 1 . The site is a mixed stand of trees, predominantly Ash, Willow and Hawthorne with a considerable number of noxious understory plants such as blackberry, poison oak, etc . There are some Garry Oak and a few Douglas Fir scattered throughout the stand. 2 . It is my opinion there are only five (5) of the Oak which I would consider to be somewhat significant . Three (3) are located east of S.W. 68th near the southwest corner of the site. Two (2) are located approximately fifty (50) feet from the northeast corner of the site . These two appear to be well within the proposed building footprint . Attempts to adjust the building footprint for these two trees have not been successful due to their location and the necessary grade changes required to construct the building. 3 . The three (3) Oaks on the southwest can be retained by shortening the parking area and building a retaining wall east of the trees to minimize the root zone intrusion. A perf-pipe loop aeration system will be required over the root zone under fill areas . I will furnish information and assist in the design of this system when plans for this area are more firm. 4 . With the exception of hand clearing the undesirable vegetation (blackberry, Willow, etc . ) the perimeter native vegetation should remain undisturbed as part of the landscape buffer on the south and east . Some re-vegetation may be required in selected areas . I trust this brief memorandum will be sufficient for your needs at this time . Please contact me when I may be of further assistance on this project . I am enclosing a copy of Tree and Plant Preservation/Protection specifications for your use in construction documents . (P.O. LoX 105, LEaerEttonz, Ln7.E.9on 07075 • (5o;) 040-0450` TREE & PLANT PRESERVATION/PROTECTION PART 1 - GENERAL 1 . 01 DESCRIPTION: A. General requirements : Preservation, protection, and trimming of existing trees and shrubs, and other vegetation indicated to remain. B. Definitions : 1 . Consulting Arborist : A Consulting Arborist registered with the American Society of Consulting Arborists (ASCA) . 2 . Certified Arborist : Certified by The International Society of Arboriculture (ISA) . 1 . 02 PROJECT CONDITIONS: A. Make every effort to protect all trees, shrubs, ground cover and other vegetation existing on the Project site with the exception of that indicated to be removed. B . Meet local jurisdiction requirements for protection of existing trees and vegetation . C . Provide temporary fencing, barricades and guards as required to protect trees and other plants, which are to remain, from all damage . Erect prior to commencement of clearing and demolition work and remove only after all work potentially injurious to trees and other plants is complete . Fence shall be placed as far from trees as is practical, but in no instance closer than one foot behind required construction limits . Fence shall by 4 ' visibility plastic on steel posts placed no further than 6 ' apart extending no less than 4-1/2 ' above the ground, kept taut at all times . D . Protect all trees from stockpiling, material storage, vehicle parking and driving within the tree drip line or tree protection fence area. E . Protect all plant growth including root systems of trees and plants from: 1 . Dumping of refuse . 2 . Chemically injurious materials and liquids . 3 . Noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials. 4 . Continual puddling of running water. F. Restrict vehicular and foot traffic to prevent compaction of soil over root systems . PART 2 - PRODUCTS 2 . 01 MATERIALS: A. As indicated and required elsewhere in this Specification Section, and as may be recommended by Consulting Arborist . PART 3 - EXECUTION 3 . 01 GENERAL: A. Protect root systems of existing trees, shrubs and ground covers from damage due to noxious materials in solution caused by run-off and spillage during mixing and placement of construction materials, and drainage from stored materials . B . Protect root systems from flooding, erosion, excessive wetting and drying resulting from de-watering and other operations . C . Protect all existing plant material to remain against unnecessary cutting, breaking and skinning of roots and branches, skinning or bruising of bark. D. Do not allow fires under and adjacent to trees or other plants which are to remain . E . Engage a Consulting Arborist to direct removal of branches from trees and large shrubs, which are to remain, if required to clear new construction and where indicated; and to direct tree root pruning and relocation work. F . Where directed by Consulting Arborist, extend pruning operations to restore natural shape of entire tree . G . Cut branches and roots with sharp pruning instruments . Do not break, chop or mutilate . • H. Water trees and other vegetation which are to remain as necessary to maintain their health during the course of the work. Maintain a water schedule and document . 3 .02 EXCAVATION AROUND TREES: A. Excavate within root zone of trees only where indicated and acceptable to the Consulting Arborist . B. Excavate around tree roots within tree root zone only under the direction of a Consulting Arborist retained by the Contractor. C. Where trenching for utilities is required within root zones, tunnel under and around roots by hand digging . Do not cut main lateral support roots . Cut smaller roots which interfere with installation of new work; use sharp pruning tools . D . Where excavating for new construction is required within root zones of trees, hand excavate to minimize damage to root systems . Use narrow tine spading forks and comb soil to expose roots . Relocate roots in backfill areas whenever possible . If large, main lateral roots are encountered, expose beyond excavation limits as required to bend and relocate without breaking. E. If encountered immediately adjacent to location of new construction and relocation is not practical, cut roots approximately 6 inches back from new construction . F . Do not allow exposed roots to dry out before permanent backfill is placed; provide temporary earth cover, pack with wet peat moss or 4 layers of wet untreated burlap and temporarily support and protect from damage until permanently relocated and covered with backfill . Water puddle backfill to eliminate voids and air pockets . G. All pruning shall be performed to ANSI A-300 Pruning standards by Oregon state registered tree care firms employing Certified Arborists . Other therapeutic care work shall be performed to National Arborist Association standards . 3 .03 GRADING AND FILLING AROUND TREES: A. Maintain existing grade within root zones of trees unless otherwise indicated or acceptable to The Consulting Arborist . B. Lowering Grades : Where existing grade is above new finish grade shown around trees, under direction of Consulting Arborist, carefully hand excavate within root zones to new grade . Cut roots exposed by excavation to approximately 3 inches below elevation of new finish grade. C. Raising Grades : Permitted only as acceptable to The Consulting Arborist . 3 .04 REPAIR AND REMOVAL OF TREES : A. Retain a Consulting Arborist to direct tree repair work. Engage a Certified Arborist, acceptable to the Consulting Arborist, to perform tree repair work. Repair trees damaged by construction operations in a manner acceptable to the Consulting Arborist . Make repairs promptly after damage occurs to prevent progressive deterioration of damaged trees . B. Remove dead and damaged trees which are determined by the Consulting Arborist to be incapable of restoration to normal growth pattern. 3 .05 REPAIR AND REPLACEMENT OF SHRUBS : A. Repair shrubs, and other vegetation damaged by construction operations in a manner acceptable to the Consulting Arborist . Make repairs promptly after damage occurs to prevent progressive deterioration of damaged plants . B . Remove and replace dead and damaged plants which are determined by the Consulting Arborist incapable of restoration to normal growth pattern. 1 . Provide new shrubs of same size and species as those replaced or as otherwise acceptable to the Consulting Arborist . 2 . Plant and maintain as acceptable to the Consulting Arborist . 3 . 06 HARDSCAPE INSTALLATION WITHIN TREE PROTECTION ZONES : A. Electrical conduit and irrigation main lines should be run under walkways, within stone or concrete subbase, and should not cut into native soil within the Tree Protection Zone (within the drip line) . Drip irrigation shall be installed within the Tree Protection Zone . Lateral electrical lines to individual lights, should be installed as close to the soil surface as possible with short runs from the main conduit . B. Electrical fixtures, housing, and irrigation valves must be installed with care to avoid cutting roots . Digging must be minimal with excess dirt removed from the tree preservation area. Do not cut roots greater than 1" in diameter without the approval of the Consulting Arborist . Roots greater than 1" in diameter exposed during excavation must be cut squarely at the edge of the excavation with a sharp say or appropriate pruning tool . C. Install walkways as close to grade as possible to minimize excavation into the soil where large roots and areas of high root density exist. Backfill with loose dirt to the minimum depth necessary to achieve a natural look. Mulch if appropriate, as directed by the Consulting Arborist . 3 .07 COMPENSATION TO OWNER FOR TREES: A. Contractor shall pay the Owner the value of existing trees to remain that died or were damaged and required removal because of the Contractor's failure to provide adequate protection and maintenance . B . Value of existing trees will be determined by the Consulting Arborist in accordance with the evaluation formula set forth in "The Council of Tree and Landscape Evaluation Guide for Plant Appraisers, " Eighth Edition, 1992 . C . Any wound or damage to a preserved tree constitutes partial injury. These include, but are not limited to: Any cambium tissue damage . Unauthorized cutting, breaking or removing tree branches . Unauthorized cutting or damaging protected root zones . Soil compaction . Toxic run-off into tree preservation areas . D. Partial injury will be calculated by percentage of the total value of the damaged tree. E . The loss value penalty will include cost to the owner for loss appraisal by the Consulting Arborist plus the cost for necessary damage repair. PART 4 - PRE-CONSTRUCTION TREE CARE. 4 . 01 PRUNING AND STRUCTURAL SUPPORT: A. All trees designated to be retained within the project limits shall be pruned to ANSI A-300 Pruning Standards . with selective low limb removal, as directed and approved by the Consulting Arborist, where required for construction clearance . B. Structural support (cabling) will be required on specific trees as identified by the Consulting Arborist, to National Arborist Association Standards . C. All therapeutic care recommended will be directed, inspected and approved by the Consulting Arborist . PART 5 - POST-CONSTRUCTION TREE CARE 5 . 01 FERTILIZATION/AERATION A. Aeration as determined by the Consulting Arborist may be required in areas where construction compaction has occurred. B. Deep root liquid injection fertilizing of all trees retained within the project limits will be required following the completion of construction to National Arborist Association Standards . The" timing of this fertilizing will be determined by the Consulting Arborist . Prepared by: Bob Mazany ASCA #133 Consulting Arborist Robert Mazany and Associates P .O. Box 1305 Beaverton, OR 97075 (503) 646-0897 CROgETt nG'I10-ZRl2j C2n �11C.u4QtE1 g J E E a n LA12,La COnsu[ting M E M O R A N D U M TO: Phil Rude, AIA Fletcher-Farr-Ayotte, P .C. FROM: Bob Mazany ASCA #133 / 1�� f Consulting Arborist �� DATE : April 18, 1996 RE : Tree Condition Assessment PERS Office Building Site I have completed my risk assessment of those trees designated as significant on the PERS site located at S.W. '68th Parkway and S.W. Haines Street in Tigard. With the exception of the following, the trees on site appear to be in a reasonably viable condition. The trees have been identified by number on the development plan provided by your firm. Tree Numbers 02 Willow with weak co-dominant stems . Shows serious signs of stress and decline with deadwood and decay. High hazard potential. 04 Willow is in a similar state to Tree 02 . High hazard potential . 05 Willow is dead with a high hazard potential . 06 Alder can be retained but will require pruning and structural support (cabling) to minimize the potential for failure . Due to the need to fill the draw to the east of the tree special precautions for tree protection will be required during grading and construction. 07 Oak is diseased but not in serious decline at this time . If retained it will require pruning and spraying to minimize the effects of the disease . 14 Fir has serious decay both in an old wound at about 20 ' above the ground and at 25 ' where the top had apparently broken at some time in the past . High hazard potential . 15 Cherry has less than 50% viable canopy with extensive deadwood and decay. High hazard potential . 20-21 These two Oaks can be retained but will require pruning and installation of a perf-pipe aeration system under the proposed fill over the east root zone . Il.e L ox 1;o i, EacT£7to/2 L1zE9o►2 9707 (503) 646-oS97 Phil Rude, AIA April 18, 1996 Page Two 23 The structural integrity of the root zone has been seriously compromised by the recent failure of a large Fir located within 10 feet southeast of this tree . This factor plus the pronounced lean and weight-loading to the west over S.W. 68th Parkway leaves this tree with a high hazard potential . 28-29-30 These Oaks will require a perf-pipe aeration system as previously discussed. I will assist in the design of this system when construction parameters are finalized. 31 Oak is seriously stressed by disease as is evident by the die back of the center stem and other deadwood throughout . It also has several weak stem unions . High hazard potential . NOTE: The trees listed above as having a high hazard potential are those which would have been recommended for removal for any development on this site due to their potential for failure in all or part . General Comments 1 . Ash, Willow and some other understory vegetation are seldom recommended to be retained on a development site unless left in a natural undisturbed stand. This is largely due to brittleness and relatively short-lived growth. 2 . Trees must be pruned to ANSI A-300 Pruning standards by qualified tree care firms employing International Society of Arboriculture Certified Arborist . This would best be accomplished prior to the start of construction . Conifers would require as part of the pruning process an interior canopy thinning of 10-15% for wind sail reduction. This is essential given the evidence of wind throw losses from previous storms . 3 . Additional therapeutic care may be recommended based on the assessment of construction impact as the project continues . With the exception of pruning other care recommended is to be done to National Arborist Association standards . 4 . Aeration will be required on trees as noted and other instances where fill will be required over the root zone of trees to be retained. I trust this brief memorandum will be sufficient for your needs at this time . Please contact me if further assistance is required on this project . ,r „ LANDSCAPE NARRATIVE MURASE ASSOCIATES, INC. For the Public Employee Retirement System (PERS) Building, Murase Associates, Inc. has developed a naturalistic landscape plan that will provide visual diversity and will preserve as many existing trees as possible. Working with a certified arborist, Robert Mazany, has been a key approach in the development of this plan. The plan details the landscape of five main areas: perimeter plantings around the building, a water detention pond, streetscape along S.W. 68th Parkway, landscape in the parking area, and plantings in surrounding natural areas. The focal point of plantings around the building will be the entry plaza, located on the building's east side, adjacent to the parking lot. Within this area, the plan calls for rhododendrons, azaleas, david viburnum, and dwarf winged eunoymus to provide a sense of entry and year-round color. To minimize the impact of the site's storm and surface water runoff and to improve overall water quality, the plan includes a detention pond which will be located at the west side of the site. In addition to providing a natural area for site drainage, the pond will serve as a visual focal point for those entering the site from SW 68th Parkway and will provide habitat for wildlife. The pond and surrounding area will be planted with native, aquatic vegetation: red dogwood, western spirea, oregon grape, nootka rose, and flowering current. The bottom of the detention pond will consist of a special grass seed mixture tolerant of wet conditions. Along S.W. 68th Parkway, the design calls for Red Maple street trees to be planted every 40 feet in compliance with City of Tigard landscape standards. These trees will be planted within the lawn area along the Parkway and within a six (6) foot planting strip adjacent to the entry. The plan preserves three of the site's five significant Oak Trees within the parking lot. The construction of a retainer wall may be necessary to save the three (3) trees. Other plantings within the parking lot will include Douglas Firs, Western Red Cedars, Red Maples, Red Oaks, Witch Hazels, and Kousa Dogwoods. Rockspray cotoneaster will be used as a ground cover throughout the entire parking lot. This ground cover is evergreen, produces red berries in winter, and is tolerant of a wide variety of climate conditions. Within surrounding natural areas, the plan issues the removal of all blackberries and noxious weeds. Then rough seeding will encourage the areas to return to a natural state. This is the only area of the site that will not be irrigated. Upon completion and implementation, this plan will produce a natural setting with year-round color. Plants have been selected for hardiness and disease resistance. This plan will not require extensive future maintenance. PERS BUILDING LANDSCAPE NARRATIVE Page 2 Clay is the predominant soil type within the project area. During construction, the contractor should take several precautions: installation of sediment fencing around the perimeter of the site that slopes toward S.W. 68th Parkway; construction of a gravel entrance for vehicles; fitting all storm sewer inlets impacted on and off the site with an inlet barrier; and implementation of all other erosion control standards recognized by the City. 3933 SW KELLY AVENUE. PORTLAND.OREGON 97201-4393 (503) 222-44! 'AX (503) 248-9263 PRINCIPALS ALFRED H.VAN DOMELEN.PC. April 1, 1996 JAMES E.KNALIF. PE. ASSOCIATES GARYJ.LEWIS.P.E. GREG BLEFGEN.PE. HAVLIN G.KEMP,PE. MEMORANDUM JOHN BROOKS TO: Phil Rude, Fletcher Farr Ayotte FROM: Kim McMillan, P.E.- -6yy\ SUBJECT: PERS Building Development Review Submittal In response to the Application Checklist Summary: Validity of sanitary sewer and storm drainage service proposal: 1. The existing public sanitary sewer in SW 68th Parkway is deep enough to serve this site. I am trying to verify, either from additional survey information and/or City as- builts, whether the sewer has already been extended in the sanitary sewer easement. The sewer will be extended to the site within the easement if it isn't already existing. 2. The storm drainage from this site will be treated in an on-site water quality facility. The facility will be designed to treat 1/3 of the 2 year storm. All other runoff will discharge directly to the public storm system in SW 68th Parkway. If further investigation shows inadequate capacity of the public system, on-site detention will be provided. KSM:kmc c A E1 kire MEMBER Ge( -.hnical Resources Incorporated Consulting Engineers, Geologists, and Environmental Scientists April 2, 1996 AI TrERM-2.074 Fletcher Farr Ayotte, P.C. 708 SW Third Avenue, Suite 200 Portland, OR 97204 Attention: Dale Farr SUBJECT: INTERIM REPORT,PRELIMINARY CONCLUSIONS AND RECOMMENDATIONS,FOUNDATION INVESTIGATION,PERS BUILDING,SW HAINES ROAD AND SW 68TH AVENUE,TIGARD, OREGON As you are aware, Geotechnical Resources, Inc., (GRI) is performing a foundation investigation for the above-referenced project. The Vicinity Map, Figure 1, shows the general location of the project in Tigard, Oregon. Our present understanding of the project is documented in our proposal to Fletcher Farr Ayotte, Inc. (FFA), dated January 15, 1996. Our understanding of the subsurface materials and conditions at the site is based on our previous experience in the area and six exploratory borings completed by GM on March 22, 1996. At your request, GRI has prepared this interim report to document the work that has been accomplished to date and to provide you with our preliminary conclusions and recommendations for design and construction of the project. Field Explorations 1. Six borings were completed to depths of 11.5 to 31.5 ft on March 22, 1996. The locations of the borings, designated B-1 through B-6, are shown on the Site Plan, Figure 2. 2. The borings were drilled using a trailer-mounted auger rig supplied and operated by Greg Vandehey Soil Sampling of Forest Grove, Oregon. Logs of the explorations were maintained by a geologist provided by our firm. 3. The sampling interval ranged from 2.5 to 5 ft and split-spoon and Shelby tube samples were obtained. The standard penetration test was performed while taking split-spoon samples. 4. A groundwater observation standpipe was installed in boring B-4 located near the north end of the site to permit measurements of the depth to the water table. 5. All samples collected from the explorations were returned to our laboratory for further classification and physical testing. Subsurface Conditions 1. The available geologic literature and the subsurface explorations indicate the site is capped with lacustrian silt soils of the Willamette Silt Formation. The site is likely underlain by Boring Lava, a gray, olivine basalt. A residual soil layer consisting of reddish-brown, clayey silt produced as the result of the weathering of the surface of the underlying basalt separates the Willamette Silt from underlying harder rock Basalt boulders or larger corestones are common within this unit. 2. Preliminary boring logs, shown on Figures 3 through 8, provide a summary of the materials and conditions disclosed in the subsurface explorations, together with the results of the standard penetration testing. The terms used to describe the materials encountered in the borings are defined in Tables 1 and 2. 3. The top of the groundwater table at the location of boring B-4 was measured at a depth of 6.3 ft on March 28, 1996. Evidence of seeps or springs is apparent at the ground surface in other areas of the site. Laboratory Testing 1. Determinations of natural moisture contents on all split-spoon samples has been completed, and soil classifications have been reviewed. This information is summarized on the Boring Logs, Figures 3 through 8. 2. Consolidation testing of two undisturbed samples from various depths is in progress. 3. Classification and determination of unit weight and Torvane shear strength for the remainder of the undisturbed samples is pending completion of the consolidation testing. Preliminary Conclusions and Recommendations 1. In our opinion, the important geotechnical considerations relating to development of the site include the moisture-sensitive nature of the soils that mantle the property; a seasonally high groundwater table, together with seeps or springs evident at the ground surface; and the potential for encountering basalt boulders, corestones, or larger rock fragments within excavations. We anticipate that the new foundation loads can be suitably supported on conventional spread footings. 2. Groundwater levels at the site are expected to fluctuate with precipitation and runoff and are expected to approach the ground surface during the wet season. Springs or seeps encountered on the property should be kept free draining. -2- Providing proper subdrainage will be an important aspect of design and construction. 3. The moisture content of the fine-grained soils that mantle the property is above optimum. Experience indicates that these soils tend to dry slowly even during the summer months and are easily softened or disturbed when above their optimum moisture content and subjected to construction traffic. 4. Construction during the wet season or in areas of deeper cuts will require the use of working blankets or haul roads constructed of imported granular material to protect the underlying subgrade. The total required thickness will depend on traffic, but is estimated to be on the order of 12 to 24 in. The use of a geotextile fabric over the subgrade may minimize maintenance during construction. 5. The use of on-site soils for structural fill will be limited to the dry season when some drying of these materials can be accomplished to allow placement and compaction of the soil within an acceptable range of moisture content. 6. Locally available crushed rock can be used for structural fill during wet weather. Imported granular materials should contain less than about 5% passing the No. 200 sieve(washed analysis). 7. All areas within the limits of buildings, pavement, or sidewalks, and areas to receive structural fill should be stripped of the heavily rooted zone at the ground surface. Stripping to a depth of 6 to 8 in. will generally be required to remove the heavily rooted zone. Locally, deeper stripping and grubbing to remove stumps and tree roots larger than 1 in. in diameter will likely be required in the more heavily forested portions of the site. Strippings and grubbed material will not be suitable for use as structural fill and should be disposed of off-site or stockpiled for future use in landscaped areas. 8. All structural fill should be compacted to a minimum of 95% of the maximum dry density as determined by ASTM D 698. Segmented-pad rollers are most appropriate for fine-grained materials, such as the on-site soils. Vibratory rollers or plate-type compactors should be used for imported granular materials. Permanent fill and cut slopes should be made no steeper than 2H:1 V. New improvements should be set back a minimum horizontal distance of 5 ft from the crest or toe of any slope. 9. Basalt boulders, corestones, or larger rock fragments may be encountered in deeper cuts or excavations for utilities. Depending on the size and hardness of the -3- rock fragments, rock excavation techniques, such as ripping, chipping, or splitting, may be required to advance excavations. 10. Dewatering of utility trenches or other excavations may be necessary depending on the depth of the excavation and groundwater levels at the time of construction. Excavation sidewalls will need to be properly shored to conform to applicable local, state, or federal regulations. Overexcavation of trench bottoms may be necessary to place granular stabilization material and to facilitate dewatering. All utilities in improved areas should be backfilled with granular structural fill. 11. Foundation support for column loads of up to 400 kips may be supported on conventional shallow spread footings designed on the basis of an allowable soil bearing pressure of 2,500 psf. Preliminary estimates indicate that total settlement resulting from primary consolidation will be about 1 in. We recommend placing a minimum 4-in. thickness of compacted crushed rock on the silt subgrade to protect the footing subgrade from softening due to wet weather and/or foot traffic associated with rebar and form placement. 12. To resist lateral loads at the foundation level, an ultimate coefficient of friction of 0.35 can be assumed across the base of the footing. If additional lateral resistance is required, a passive pressure against footings backfilled with granular structural fill can be estimated on the basis of an equivalent fluid having a unit weight of 225 pct.. 13. Proper subdrainage will need to be provided for embedded structures, such as embedded walls and floors. Active and at-rest pressures for the design of embedded walls with a horizontal backfill can be estimated on the basis of an equivalent fluid having a unit weight of 35 and 45 pcf; respectively. Surcharge loads will result in additional lateral pressures and should also be included in the design lateral earth pressure. Overcompaction of the backfill should be avoided to prevent the build-up of excessive lateral pressures. 14. Subdrainage is also an important element of pavement design. Due to a seasonally high groundwater table and the presence of seeps and springs at the site it may be appropriate to provide drainage to prevent saturation of pavement base courses. Common methods to provide pavement subdrainage include blanket and trench drains. 15. The project site is presently assigned to seismic zone 3 in the Uniform Building Code (UBC). Based on the results of our subsurface investigation and review of the UBC, we recommend using a site coefficient(S1) of 1.0 to evaluate the seismic -4- design of the structures. Based on our understanding of the subsurface conditions at the site and the regional seismicity, it is our opinion that the major seismic hazard at this site is ground shaking. In our opinion, the subsurface materials and conditions at the site are not prone to liquefaction or lateral spreading during the anticipated ground motions associated with a UBC zone 3 event. 16. All construction operations concerning earthwork and foundations should be observed by a qualified geotechnical engineer. Concluding Remarks The conclusions and recommendations contained in this summary are preliminary and have been made without the benefit of completing the laboratory testing program or engineering studies. Upon completion of our studies, GM will confirm the information provided in this interim report. Please contact the undersigned if you have any questions or desire additional information or assistance. Sincerely, GEOTECHNICAL RESOURCES,INC. ...0 PROFes ,lyG1NEER '�O 9 , / 80/4 5 i/ , ` '''''''."-j1/ 22 1 -1 t(41 1'T _ E� "INL EY K H. Stanley Kelsay, P.E. David K. Fadling, P.E. Principal Staff Engineer -5- i- • 1 I. (r--...--..•-:_ .•-• ' - - Y; -_ %/- 50� Z� ' �.. v i , !• rt•• a:_ \ l - �1�////p// �- :.1--:-:'III , I � / ` v 0 •� ���• •�I�• _ 1)I/W �li�_�' `� 1[l �� Imo,���I ,,/ })tr' ,rte mg9" , ___;i0e.,r___ ,.., , . -,,,, ,/w doll I1'•1• ° _ 1 /''t y Ju, •'2 =,li ,:,\ F- V®��'/ ; 3SO'`\n.l i /- I./ ---•"'y��yp��'•< C -• r._t ''74 ?�=.s.- �'F i_• .- • FA.:-it . _ _ ,1 i / .- .,khaaj-/•/, , rj �' �}; a, 1r �I ----- ?00 {� \\ nr� ' .i._•.;--/, / Sch'• Am, ,I....,....\..• .•Nj�.: 1 ' ,'J IJIERSTA TE 5'r` .!j ` • J i `S �� . \•\ ` '� , is, i -‘off , lit -loN - ,-. . . .--.7T\ .-,__,_ _, ... v.. .\. .... ...... 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IP (:, rri I t 1:����\\ � \ ` 1 `• \ —g7��� � � �4�� 1 i % � Milli �e 1'I0 ) / rs Y.p BORING MME BY GE OTECMRICAI • RESOURCES 1 � /J�i �• -\ _�r \ —..0 II1 11 1 } i 1! (MARCH 7.,9961-------- 0,LI , 4 \ 1 III T ." ` � ) , r+a " I i t, \ + SITE 16.96 FROM DRAMO BY RETCHER/FARR'MOI E Fr.`\ I I � AR HR EC TU R E DATED MARCH 28 t9%Q *` � ' .\ \ \ \ \W\\1\ ,\1 1 \ ^ `It; •1•.�4--•S 68A A I ` � \ '' I ' � �1 i :: ' \ IyOt. , , , • i • . ` I - 1. ']', / 0 eo 120 FT --_ _ FLETCHER FARR AYOTTE.PC z. / PERS BUEOIHG . \ SITE PLAN fPR11986 FIG z • STD PENETRATION RESISTANCE °o CLASSIFICATION OF MATERIAL Q (1401.8 W2GHT.3)1N.DROP) '-' t o • BLOWS PER FOOT Z • MOISTURE CONTENT,S a SURFACE ELEVATION 307 ft (±) o (.2 0 50 100 000/ Stiff, brown to gray mottled rust, clayey SILT;trace fine-grained I i 000 scattered fine root holes,estimated 6-to 8-in.-thick id// heavily rooted zone at the ground surface /0/ �1I , _: 5 //// //// T S-2 I , pllo t 11°11 S3 I ,,;Z •,0 ,ao► _ // // Very stiff, reddish-brown, clayey SILT; scattered medium- s-a )ta ' t ry Y Y I .4 4 /OF grained sand-size black nodules / /// I 0// 15 //// — ///4 , 1 S-5 ///G i _ i I. , /// Il 20 Pp/// I 11 S-6 I 2} f I I + /C ti 25 / / 25.0 I I //P Hard, reddish-brown,clayey SILT;contains soft to hard(RH-1 s-7 I � / to RH-3) basalt clasts(decomposed basalt) ' 1 � � } 30 1 l ` i f i i , s-s I f ; l, i 315 i I l 1 l , , (3122196) ! ! ` ` I ' I 35 I � ti Il t r r : I i l ! I 1 I ; 1 I i l l t . I 1111' i ' I � I1iz .. Il Rfr , 1 ; 1 , —40 i I 2-IN-0D SPLIT-SPOON SAMPLER • TORVANE SHEAR 0 0.5 1.0 3-IN.-OD SAMPLER STRENGTH'TSF (TONS PER FT') 11 • UNDRAINED SHEAR G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TSF ' NX CORE RUN * NO RECOVERY BORING B-1 1—SLOTTED PVC PIPE Lilt , c F V Water Level(date) - P„sx L2re APRIL 1996 JOB NO 2074 r iG 3 STD PENETRATION RESISTANCE ? CLASSIFICATION OF MATERIAL (140-LB WEIGHT,30IN.DROP) t L g N • BLOWS PER FOOT g • MOISTURE CONTENT,% o 1 SURFACE ELEVATION 313 ft (±) 0 C) 0 50 100 /0 0 Very stiff, brown to gray mottled rust,clayey SILT;trace fine- 000/ grained sandu,rfestimated 6-to 8-in.-thick heavily rooted zone at // the ground ace Igo 5-1 I .. , rk. a. 5 5.0 ...ltl..r.�� S-2 ��■r7■■���∎- Stiff to hard, reddish brown,clayey SILT;trace fine-grained I I:11 sand,contains corestones of soft(RH-1), orange-red, severely U.... i■�%MO to completely weathered basalt at 5.5 and 10.5 ft u1•'S 3 �1�1 10 = 0 10P0 M■uIIMuWw.aIIII Plir 15 //000 ard, orange-red, possible relict structure i ?,3 �G S-5 I /OFF , , 20 / / stiff to very stiff, reddish brown below 20 ft I , d�� S-6I 1` P110 I 25 1°1411 trace clay below 25 ft 1 S-7 IH 181_I il Apt 1 ! 1 ' -I , I '3o III S.8 � ! ! I :11 •, , j ; ! 315 I I ' (3122196) ! i 1 111011M•11111111•1111111 III•I•IININ■IIIN 35 ! ■/fifi=U• . 111111 ■N• I , . , I f I ! ! — WIT-1.f L ! Ii —40 I 2-IN-OD SPLIT-SPOON SAMPLER • TORVANE SHEAR 0 0 5 1.0 D STRENGTH,TSF (TONS PER FT z) 3-IN.-OD THIN-WALLED SAMPLER UNDRAINED SHEAR •G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TSF ' NX CORE RUN * NO RECOVERY BORING B-2 I—SLOTTED PVC PIPE ~-+~�1+^" till C V_Water Level(dater vasx � APRIL 1996 JOB NO 2074 FIG 4 N STD PENETRATION RESISTANCE o CLASSIFK.. .../N OF MATERIAL Q (140{6 WEIGHT,304N.DROP) z N • BLOWS PER FOOT =o • MOISTURE CONTENT, a co SURFACE ELEVATION 315 ft (t) o ca p . 50 �� Medium stiff to stiff,brown to gray mottled rust SILT;trace clay 1 41:1 - -L . and fine-grained sand,scattered fine root holes,estimated 6-to 8-in.-thick heavily rooted zone at the ground surface . S.1 I .7 5 II I S-2 1 S-3 A9 10 / 10.0 //p Stiff, brown, clayey SILT;trace fine-grained sand S4 I 2 iii . , gOrli 15 hI' Very stiff, reddish-brown, clayey SILT;contains gravel-to coarserained sand-se clasts of soft(RH-1), reddishrown, S-5 severely weathered basalt 2D �� S� 28 I 0$$° ' 1 01 25 brown mottled rust below 25 ft 'f ,— s4 I 1 ii428 i � : II I I . ' 1 „ , I 30 I II j ' � ir I ' 1 I 1 II I 6 S-8 31.5 Ht 0 ■ (3122196) ill Ili ; ; 35 III ill II ; If ' 1 f111 (' I � 11I 1 1 1 { ali ; 1 I 1 , f I I : f i !1 I . I —40 I 24N-0D SPLIT-SPOON SAMPLER • TORVANE SHEAR 0 0.5 1.0 II 3-1N-0D THIN-WALLED SAMPLER "GTF (TONS PER FT • UNDRAINED SHEAR G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TSF ' NX CORE RUN * NO RECOVERY BORING B-3 I—SLOTTED PVC PIPE ~L , _L Water Level(date) —Ralik s�cae.t APRIL 19% JOB NO 2074 FIG 5 STD PENETRATION RESISTANCE o CLASSIFICATION OF MATERIAL. a (140-LB WEGHT,30IN.DROP) o o c' A BLOWS PER FOOT o g • MOISTURE CONTENT,% gSURFACE ELEVATION 298 ft (t) o o 0 50 100 0 0 0 0 Stiff to very stiff,brown,clayey SILT;trace fine-grained sand, //■■■■■■■■■■■■■■■// scattered fine root holes, estimated 6 to 8-in.-thick I11■■11■■■■■■■■■■■■11■ N IMIIIM■■■■■■■MINI/1111. /00 rooted zone at the ground surface ■■■•■■•■■.11■■11u■1111 lummIIMIMINIIMIMINIIIIMII S-1 .611■PNI1111■■1111NI111111NI 0$00 NIL mi■►i11MI■NI.11■11MI■MI11 11•15•50111•11■11•1111•11111111 5 00$° ■■■..I.■■.■...■■■■.. i000in sumo 11111•11211=11•1111 S-2 I :`ice 11C11111111�N 1p000, *3 11 IHIIINhIIflflhIII // ■■■■■■MI■■■■■■■■■115111 10 $$$0 ••••••••••••••••••111 ■■MINI..■■■■.■■.■■■■■ ilil 14.0 ••••••••••••••••••• ■■■■MIL■11■■■■■■MI■51■MI■ 111111111111/111•1111111111111•111011M ■■1111■11■■■. IIMINMINI■■ Stiff, reddish brown, clayey SILT;trace fine-grained sand, 11111111■M/1111.NI/NI11NI1111/NI 15 PSO°P Y Y - 1111■/1111■11.11■NIMINI5111MI■ i scattered gravel-size clasts of medium hard(RH-2), gray basalt a■..e...■11MI.■1151■.. S s ■r alnIP MEM■NIMI■111111111111 16.5 51'—i1151v111111■11MI11■1151111111 11••••••••11•111111511115111111 (3122/96) MINI11111111MINI■■11MI■51115111MINI 1111■1111■■■■■■■■MI■51■51• Refusal at 16.5 ft on medium hard to hard(RH-2 to RH-3) •jijlMiII�1IIi11111�� basalt rock or corestone ■11■■11NI11NI11■11MI■MI11511151NI 20 W•11NI•11•■11MIW51•11NI .••..•.• om•■.•.■m 1111111111111111111 11/11■■■■•NI■•11■■•11NIMI11 ■■511111■■MI■.■MI•MI11511151■ ■■■■511111■■■11MI1151■Mas 51W11•51111■■111I MI11W�51W 25 ......•/.• •■11a 11■■■■■■■■.MI■11MI■B5111 111111■■11NINI.11•vNIW11 11•1111•■/NINI.11MI1111NIMI.MI11 ■N■111/�1.1111NI�NINI-i- 11MINI/NIM111 30 aninmilimmili 51.1111111511== 1 I I I ji 1111NINN 40 0 0.5 1.0 I 24N--0D SPLITSPOON SAMPLER • TORVANE SHEAR (TONS PER FT STRENGTH,TSF 3{N-OD THIN-WALLED SAMPLER • UNDRAINED SHEAR G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TRF ' Nx CORE RUN ' °`ERY M BORING B-4 I-SLOTTED PVC PIPE j Ligid Lint �pp-, 'c JOB NO 2074 FIG.6 i--�Water Levd(da!e', •—Risk lima STD PENETRATION RESISTANCE g CLASSIFICATION OF MATERIAL Q (140-LB WEIGHT,304N.DROP) t L z A BLOWS PER FOOT o • MOISTURE CONTENT,% o SURFACE ELEVATION 328 ft ('_1 o 0 50 100 Hard, brown to gray mottled rust,clayey SILT;trace fine- 1 grained sand,scattered fine root holes,estimated 6-to 8-in.- 0$° thick heavily rooted zone at the ground surface(decomposed 00$° basalt) _ . 5 111.1 , • la 10 eddish brown below 10 ft S.2 I 00$1 i' /D J 15 /// 1 . 0 S-3 4 165 ( ) I 20 • 25 I . 1 I - 30 t 111 II , , I I 35 I T 1 - • ' ! I1 I 2-IN.-OD SPLIT-SPOON SAMPLER • TORVANE SHEAR 0 0.5 0 II 3-IN-OD THIN-WALLED SAMPLER STRENGTH,TSF (TONS PER FT IN UNDRAINED SHEAR G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TSF ' NX CORE RUN * NO RECOVERY NI BORING B-5 1—SLOTTED PVC PIPE ~�� tn Care -7--Wier Level(date --Ranc Unit n APRIL 1996 JOB NO 20.74 tr'G 7 STD PENETRATION RESISTANCE CLASSIFICATION OF MATERIAL Q (140-.B WEIGHT,30-IN.DROP) L g`t' A BLOWS PER FOOT - o 1 • MOISTURE CONTENT,°% SURFACE ELEVATION 335 ft (t) in c 0 50 . 100 - 0 Stiff, brown, clayey SILT;trace fine-grained sand, scattered fine ��10��■ — 0 root holes,6-to 8-in.-thick heavily rooted zone at the ground ��■�.■■ q surface ��■�■� - 11111 5 s•, I itu■_=Nam'�`i mums■ ■......■...■■. - iv -m.............. a....-...MENEM MOM t_1•11 111M1111111M_■ M11•_■■■■■ 10— / ,.' —scattered gravel-size clasts of hard(RH-3), gray •�r■m•�■�• - / basalt below 10 ft ■t�_■�M311 S2 I•IIIIMINNII■MINIII■■\. 11.5 `��■INNI :'r _ (3/22/96) �111�111 - ■■_■■■■■■.■■■ Refusal at 11.5 ft on hard(RH-3),gray basalt or corestone II1III111 r_■■■—■■■ 15= ■•■m■■■_■u■ MINIM IIIMINIIIIIIIIIIIIN — • ��1�111 - ■■■_■■•ttttt• u■ EMI=••••11•M•1111• -■—.■. 20— ■��■■■■■■�iii •111•■11=■■• 1=11111■■■■••■■11111111u■ 101111 111111111 tttt_IIIIIIIIIIM_■tll_■■■ 25 =EMMEN=_t_■■. ■■■a■ N11.11 ■■■■■■■■■■urn■u - ■■__M11■■■■■■■■o■ MIMMIIIMMIMMIIIIII__ — 30 ■ MIMIIIIIII_■■■■H 0■ 1 IIMMIMMIIIIIIIM_—■ °�I Ilmuorm=mom 3 — ���I= 5 —MO■=■ I , MEM=_■■■■■■ — �■■■■■■■■■ ■rte■.■■■■■■■ ��N ■N■ =MEM u■■■■u + —40 i I i I i 1 I ' I 2-4N.-OD SPLIT-SPOON SAMPLER • TORVANE SHEAR – 0 0.5 I 0 II STRENGTH,TSF (TONS PER FT 2) 34N--OD THIN-WALLED SAMPLER • UNDRAJNED SHEAR G GRAB SAMPLE OF DRILL CUTTINGS STRENGTH, TSF ' NX CORE RUN * NO RECOVERY pli I—SLOTTED PVC PIPE r--_--, BORING B-6 -V-Water Level(date) a Lrn cam, APRIL 1996 JOB.NO. 2074 r!G 8 TRAFFIC ANALYSIS REPORT FOR TIGARD P. E.R.S. SW 68TH PARKWAY CITY OF TIGARD Prepared By Sma CHARBONNEAU ENGINEERING March, 1996 Project 96-6 TRAFFIC ANALYSIS REPORT FOR TIGARD P.E.R.S. SW 68TH PARKWAY CITY OF TIGARD Prepared By C �W`1�GIIJ4 ' %1 CHARBONNEAU Engineering �' 9,01 7.- r �OREGp(y R CH AR110 Expires 12/31/97 March, 1996 Project 96-6 Page 1 C HAI B ONNEAU ENGINEERING MEMORANDUM April 2, 1996 TO: Mr. Phil Rude Fletcher, Farr, Ayotte, PC 708 SW Third Suite 200 Portland, OR 97204 FROM: Frank Charbonneau, P.E. Traffic Engineer Subject: PERS Office Building FL9653 Traffic Analysis SW 68th Parkway, Tigard We have completed a traffic analysis of the proposed PERS building site located adjacent to SW 68th Parkway in Tigard. This technical memorandum will serve as the project 's traffic report. We have recently discussed the project with Mr. Brian Rager, City of Tigard Development Review Engineer, to establish the appropriate scope of work. From these discussions it was decided the following items would need to be addressed in the study. o Provide a complete analysis of the intersection on SW 68th Parkway at the current location (address, 11308 SW 68th Parkway) . This intersection now serves the existing banking office facility located northerly of the proposed PERS site. o Review the ITE trip generation rates of general office and government office and compare to the projected trip rate data furnished by PERS . Since the PERS survey results were comparative to the general office trips rates, it was not necessary to apply the higher government trip rates. One S.W Columbia, Suite 1685, Portland, OR 97258 (503) 228.9507 FAX (503) 228.9509 Page 2 o Based on the anticipated site impact, it would not be necessary to prepare intersection analyses of other area intersections. The intersections at Highway 99W/68th Parkway and Haines Road/68th Parkway will not be critically impacted by the proposed development. The proposed PERS facility will be located on undeveloped property adjacent to SW 68th Parkway, westerly of Interstate 5 and northerly of Haines Road. Access to the project will occur from the street currently serving the banking office complex northerly of the project site. The PERS site will have one access to this street at a point approximately 300 feet from 68th Parkway. Southwest 68th Parkway at the existing bank access street is configured as a tee-shaped intersection with stop control on the side street. There is a southbound left turn lane on 68th Parkway. The bank access street has sufficient width for separate left and right turn lanes on the stop approach. There are curbs and sidewalks on both sides of 68th Parkway and a downward grade of approximately 5% in the northbound direction. Intersection sight distance is excellent at this location. The proposed facility will operate as a general office building having an initial square footage of 60, 000 square feet. Ultimately it will be increased to 70, 000 square feet. The number of employees is projected at 200 people. There will be an in-house cafeteria. Based on the historical information and data contained in the recent employee survey, the number of vehicular trips projected at the site will be similar to the general office category (of similar size) as contained in the ITE Trip Generation Manual . For 200 employees, the trips generated were projected as shown below ( for comparison, the ITE general office trips are also listed) . Projected Trips AM Peak Hr. PM Peak Hr. In Out Total In Out Total Employee Survey Results 120 15 135 20 105 125 ITE General Office 105 15 120 20 100 120 As shown, the survey results are slightly higher than ITE. Therefore, the survey results were applied in the traffic analysis. Page 3 The ITE category for a government type facility would produce a much higher number of trips. However, this rate was not considered a fair comparison. The Tigard PERS site is anticipated to have approximately 10 service vehicles and five visitors (scheduled by appointment only) per day. During the peak hours a total of five service trips and five visitor trips were applied. Data for the ITE government facility was based on counts collected in one survey at a city hall location in California. Typically, there are many public visitor trips to city hall facilities. This situation is not applicable to the Tigard PERS building. The intersection of SW 68th Parkway at the bank access street was evaluated for capacity analysis to determine the level of service (LOS ) for the peak hours. Traffic counts were taken during the AM and PM peak periods to determine the existing volumes. The site generated trips were then added to the existing volumes to determine the total traffic. Attached to this report are volume flow charts that depict the existing (Figures No. 1 & 2) , site generated (Figures No. 3 & 4) , and total traffic (Figures No. 5 & 6 ) scenarios. The site generated trips were distributed based on the existing count data. To determine the intersection LOS for the existing and total traffic conditions, Release 2 . 1 (unsignalized conditions) of the 1994 Highway Capacity Software was applied. In making the analysis, it was established that the intersection on 68th Parkway will continue to operate at an excellent service level (LOS "A" ) after the PERS building is opened. Left turns from the side street presently experience LOS "B" during the PM peak hour (average delays of 7 seconds per vehicle) . This movement will stay at LOS "B" in the PM peak for the total traffic condition as the average delay increases to 9 seconds per vehicle. Level of service "B" is considered an excellent service level and is acceptable by all agencies. Therefore, no changes are recommended to this intersection as a result of this project. Attached to this report are the capacity analysis results for the existing and total traffic scenarios. At the immediate site driveway to the bank access street, traffic control will need to be established. It is recommended that a stop sign and stop bar be placed on the approach leading from the PERS building. Intersection sight distance will need to be maintained (no restrictions due to parking, signing, or landscaping) . SW 68th Pkwy " Figure No. 1 Existing Traffic Hwy 99 AM Peak Hour North 175 1 T 210 Existing Bank Office 130 45 4.- 5 Lf____ 0 f- 5 90—► 205 45 P.E.R.S. Project Site 130 1 T 250 Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Pro) . No. 96-6 Mar. 1996 SW 68th Pk Figure No. 2 Existing Traffic Hwy 99 PM Peak Hour North 205 1 1 290 Existing Bank Office 195 10 25 40 f— 65 20 265 10 P.E.R.S. Project Site 235 1 1 275 Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Pro) . No. 96-6 Mar. 1996 SW 68th Pk Figure No. 3 A Site Generated Hwy 99 Traffic AM Peak Hour North 60 1 T 10 Existing Hank Office 60 10 5 .__ 15 1 120—•. 60 P.E.R.S. Project Site 5 V 60 Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Proj . No. 96-6 Mar. 1996 SW 68th Pk Figure No. 4 Site Generated Hwy 99 Traffic PM Peak Hour North 10 1 1 40 Existing Bank Office 10 �— 40 L 65 105 20—. 10 P.E.R.S. Project Site 65 10 - Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Proj . No. 96-6 Mar. 1996 SW 66th Pk Figure No. 5 _ Total Traffic Hwy 99 AM Peak Hour ' North 235 1 T 220 Existing Bank Office 130 105 5 .4 — 2 0 V Ili -- j• 210--► 1 205 105 P.E.R.S. Project Site 135 � 1 310 Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Proj . No. 96-6 Mar. 1996 SW 68th Pk. Figure No. 6 Total Traffic Hwy 99 PM Peak Hour North 215 V 330 Existing Bank Office 195 20 4----- 65 ' 105 f-170 r 1 40 265 20 P.E.R.S. Project Site 300 1 1 285 Haines St Traffic Analysis Tigard P.E.R.S. CHARBONNEAU Engineering Proj . No. 96-6 Mar. 1996 Center For Microcomputers In Transportation HCS : Unsignalized Intersection Release 2. 1 Page 1 • *****************************************,t********************** File Name Streets: (N-S ) SW 68th Pkwy (E-W) Site Access Major Street DirectionNS Length of Time Analyzed60 (min) Analyst JAB Date of Analysis 4/1/96 Other Information Existing Conditions, AM Peak Hour Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1< 0 1 1 0 0 0 0 1 0 1 Stop/Yield N N Volumes 205 45 45 130 0 5 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade -4 4 0 0 MC 's (% ) 0 0 0 0 0 0 SU/RV's (% ) 2 0 0 2 0 0 CV's ( % ) 0 0 0 0 0 0 PCE ' s . 804 . 9 1 . 7 1 . 21 1 . 1 1 . 1 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf ) Left Turn Major Road 5. 00 2 . 10 Right Turn Minor Road 5 . 50 2 . 60 Through Traffic Minor Road 6 .00 3 . 30 Left Turn Minor Road 6. 50 3 . 40 Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2 . 1 Page 2 **************************************************************** WorkSheet for TWSC Intersection Step 1 : RT from Minor Street WB EB Conflicting Flows: (vph) 228 Potential Capacity: (pcph) 1061 Movement Capacity: (pcph) 1061 Prob. of Queue-free State : 0. 99 Step 2 : LT from Major Street SB NB Conflicting Flows: (vph) 250 Potential Capacity: (pcph) 1303 Movement Capacity: (pcph) 1303 Prob. of Queue-free State: 0 . 94 Step 4: LT from Minor Street WB EB Conflicting Flows: (vph) 402 Potential Capacity: (pcph) 620 Major LT, Minor TH Impedance Factor: 0 . 94 Adjusted Impedance Factor: 0 . 94 Capacity Adjustment Factor due to Impeding Movements 0 . 94 Movement Capacity: (pcph) 582 Center For Microcomputers In Transportation HCS : Unsignalized Intersection Release 2 . 1 Page 3 **************************************************************** Intersection Performance Summary FlowRate MoveCap SharedCap Avg.Total Delay Movement v(pcph) Cm(pcph) Csh(pcph) Delay LOS By App WB R 6 1061 3 . 4 A SB L 80 1303 2. 9 A 0 . 8 Intersection Delay = 0 . 3 Center For Microcomputers In Transportation HCS : Unsignalized Intersection Release 2. 1 Page 1 - **************************************************************** File Name Streets: (N-S ) SW 68th Pkwy (E-W) Site Access Major Street DirectionNS Length of Time Analyzed60 (min) Analyst JAB Date of Analysis 4/1/96 Other Information Existing Traffic, PM Peak Hour Two-way Stop-controlled Intersection Northbound Southbound Eastbound Westbound L T R L T R L T R L T R ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- ---- No. Lanes 0 1< 0 1 1 0 0 0 0 1 0 1 Stop/Yield N N Volumes 265 10 10 195 40 25 PHF . 95 . 95 . 95 . 95 . 95 . 95 Grade -4 4 0 0 MC ' s ( % ) 0 0 0 0 0 0 SU/RV's (% ) . 2 0 0 2 0 0 CV's ( % ) 0 0 0 0 0 0 PCE ' s . 8 . 9 1 . 7 1 . 2 1 . 1 1 . 1 Adjustment Factors Vehicle Critical Follow-up Maneuver Gap (tg) Time (tf ) Left Turn Major Road 5 .00 2 . 10 Right Turn Minor Road 5 .50 2 . 60 Through Traffic Minor Road 6 .00 3 . 30 Left Turn Minor Road 6 . 50 3 . 40 Center For Microcomputers In Transportation HCS : Unsignalized Intersection Release 2 . 1 Page 2 WorkSheet for TWSC Intersection Step 1 : RT from Minor Street WB EB Conflicting Flows: (vph) 270 Potential Capacity: (pcph) 1010 Movement Capacity: (pcph) 1010 Prob. of Queue-free State: 0. 97 Step 2 : LT from Major Street SB NB Conflicting Flows: (vph) 275 Potential Capacity: (pcph) 1268 Movement Capacity: (pcph) 1268 Prob. of Queue-free State: 0 . 99 Step 4 : LT from Minor Street WB EB Conflicting Flows: (vph) 475 Potential Capacity: (pcph) 562 Major LT, Minor TH Impedance Factor: 0 . 99 Adjusted Impedance Factor: 0 . 99 Capacity Adjustment Factor due to Impeding Movements 0 . 99 Movement Capacity: (pcph) 554 Center For Microcomputers In Transportation HCS HCS HCS: Unsignalized Intersection Release 2.1 Page 3 Fil Stz Ma: Intersection Performance Summary ___. Ler Stet An< FlowRate MoveCap SharedCap Avg.Total Delay Dal Movement v(pcph) Cm(pcph) Csh(pcph) Delay LOS By App Conf Ot) Pote WB L 46 554 7.1 B Move Tw, 5.8 Prot == WB R 29 1010 3.7 A Step SB L 19 1268 2.9 A 0.1 Conf No Intersection Delay = 0.7 Pote St Move Vo Prob PH • Gr Step MC ___- SL Conf Ct Potel PC Majo: Imps Ad j u: Capac due Mover ----' V, M L R T L r Center For Microcomputers In Transportation HCS: Unsignalized Intersection Release 2. 1 Page 3 **************************************************************** Intersection Performance Summary FlowRate MoveCap SharedCap Avg.Total Delay Movement v(pcph) Cm(pcph) Csh(pcph) Delay LOS By App WB L 122 535 8 .7 B 6 . 9 WB R 75 1005 3 . 9 A SB L 36 1254 3 .0 A 0 . 3 Intersection Delay = 1 . 8 • PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE•APPLICATION CONFERENCE NOTES NON-RESIDENTIAL 77 CITY OF TIGARD DATE: I ' 5 STAFF: I v 1 APPLICANT: f�r 1. I �G l© ' AGENT: W o• -vt-sW001 �a 706,,•cidc‘i laz+ vevA4,4"5 y tat,iht- 7:72 v Phone: ( ) '1 -�$2� 11e Phone: ( ) —10 Gi0 PROPERTY LOCATION r ,ADDRESS: I/ 5w Gg TAX MAP(TAX LOT: 1 S/3 Di v—a,� jam—IC/ NECESSARY APPLICATION(S): 1).m , Q la 4 pLZ � L,fc> Li} PROPOSAL DESCRIPTION: I .€Ue/op 6c Loco 6 5 Coo sgvQ r■e eoa4-- o -1 t o to LAM 1�. COMPREHENSIVE PLAN DESIGNATION: .DL-14 t4ie//CA ( Al e2 - c•-iCe ( IP) ZONING DESIGNATION: C c 1.4414442-4,'‘)‘GE l f"p 1�Q 35 rlc cr ( CITIZEN INVOLVEMENT FACILITATOR: Z---%;54 TEAM AREA: PHONE: 1503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minimum lot size: L OCOsq; ft. Average loi with: 5G' ft. Maximum building height: L/5 ft. Setbacks: Rant fla.+�ft. " sidel/l0�.;e ft. er ar y(v.,eft. corner V1o,,€ ft. from street. Maximum site coverage: S5 °,'o Minimum landscaped or natural vegetation area: LS- (Refer to Code Section 18. 6'4 ) tax �� -4-17 Gn u!-QS ILa�l' �° ADDITIONAL LOT DIMENSIONAL R UIREMENTS Minimum lot frontage: 25 feet un s lot is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of front or have a minimum 15 foot wide access easement. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 5 NON-Residential aoplicationPlanrong Deoanment Section /A4 6-<< , uA-rr 6 L0c , / L. O Sw 6G - S Q...--t-c7 % A� L ( 2 c ;l,fL • The depth of all lots shall not ex d 2'12 times the average width, unless the parcel is less than 11/2 times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 Lots) SPECIA ETBACK c/ / • Streets: 310 feet f om the centerline of FLU , f Z . • Established areas: h feet from . • Lower intensity zones: J feet, along the site's boundary. .a . • s 00 •• . . . ... . SPECIAL BUILDING ' - - - 1 . Building Height Exceptions - Buildings located in a non-residential zone may be built to a height of 75 feet provided: • A maximum building floor area to site area ratio (FAR) of 1.5 to 1 will exist; • All actual building setbacks will be at least 72 (half) of the building's height; and • The structure will not abut a residential zone district. (Refer to Code Section 18.98.020) —__--) PARKING AND ACCESS Parking shown on preliminary plan(s): 2 0 Required parking for this type of use: I p..v- 3�U O ' i;,,c 5 '-C �aai–ac 2 ll Secondary use required parking: / — N--) No more than 40% of required spaces may be designated andlor dimensioned as compact spaces. Parking stalls shall be dimensioned as follows: • Standard parking space dimensions: 8 ft. 8 inches X 18 ft. • Compact parking space dimensions: 8 ft. X 15 ft. (Refer to Code Section 18.106.020) • Handicapped parking: All parking areas shall provide appropriately located and dimensioned disabled person i 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 IAN). 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. 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. Bicycle parking spaces shall be provided on the basis of one space for every fifteen (15) required vehicular parking spaces. / n / i1Minimum number of accesses: `t Minimum access width: 5-C' . Minimum pavement, width: `/L5 '�{ } p'/ (ftlSc} `,�wp :,c,.W� �S t-v�C a<<d S pt'�-�I11i iC� • All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: 1 w . (Refer to Code Section 18.106 and 18.108) CITY OF TIGARD ?re-Application Conference Notes Page 2 of S NON-Residential aopiicanouP!anrunq ueoarment ec:;on TAY REQUIREMENTS 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 develpment and neighboring developments. (Refer to Code Section 18.108.050) _____.----j ----Y /LOADING AREA REQUIREM 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. .Rer to Code Section 18.106.070.090) CLEAR VISION AREA The City requires that clear vision areas be maintained between three and eight feet in height at roadldriveway, roadlraiiroad, and roadlroad intersections. The size of the required clear vision area depends upon the abutting street's functional classification. (Refer to Code Section 18.102) ---i BUFFERING AND SCREEN! . In order to increase pr .cy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments. especially between differen land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in erms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a 1alance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable -yen if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Addi '.nal information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Ch. 'ter 18.100) The required buffer widths which are applica. e to your proposal area are as follows: ft. along north bounda ft. along east boundary. ft. along south boundary. , ft. along west boundary. In addition, sight obscuring screening is required along LANDSCAPING 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 feet of the right-of-way boundary. Street trees must have a minimum caliper of at least two inches when measured four 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 an regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree far every seven 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 wails, and raised planters. For detailed informatio on design requirements for parking areas and accesses. (Refer to Code Chapters 18.100, 18.106 and 18.108) CITY OF TIGARD Pre-Application Conference Notes Page 3 of S 'JON-Residential ac iicanoruPlanronq 2eoarrmnt section Sign permits must be obtained prior to installation of any sign in the City of Tigard. A "Guidelines for Sign Permits" handout 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. Altemativeiy, a Sign Code Exception application may be filed for review before the Hearings Officer. i (Refer to Code Section 18.114) SENSITIVE LANDS The Code provides regulations for lands which are potentially unsuitable for development due to areas within the 100-year floodpl.• , natural drainageways, wetland areas, on slopes in excess of 25 percent, or an unstable ground. Staff will attempt to preiiminariN\ identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive lands 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 18.94 also provides regulations for the use, protection, or modification of sensitive lands areas. Residential development is prohibited within floodplains. In most cases, dedication of 100-year floodplain areas to the City for park and open space areas is ( required as 7aa condition of t e ap royal of a development application. // /,, ,/�p� A1' lam( , ,L Nis I K v F� �/Ae-r _ k)-e- �D Lai�tJ `-4� a �..c.)oil—ht J5 to i� ki i ��s f ..,2_2(z-es _----- '-- i (Refer to Cade Section 18.84) NARRATIVE The applicant shall submit a narrative which provides findings based an 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. l (Refer to Code Section 18.32) CODE SECTIONS 18.90 _ 18.9814 18.150 18.84 f 4-8T00 _18116 18.160 18.98 . l11.102 120 18,162 /18.92 1,-11-.106 18.130 [/18.164 ti/ 18.96 —08 18.134 NEIGHBORHOOD MEETING The applicant shall notify all property owners within 250 feet and the appropriate CIT Facilitator and the members of any land use subcommittees) of their proposal. A minimum of 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 you application or the application will not be accepted. ;RECYCLING Applicant should contact franchise hauler for review and approval of site servicing compatibility with Pride Disposal's vehicles. CONTACT PERSON: Lenny Hing with Pride Disposal at (503) 625.6177. (Refer to Code Section 18.116) CITY OF TIGARD Pre-Application Conference Notes Page 4 of 6 'JON-Residential aooiicatianiP!anning Jeoartment Sevion ADDITIONAL CONCERNS OR COMMENTS: (LI +-o � Si-�S +.7z.lift,/ a71 ick,„ { / / -exist© vt a d Yt 95 �- S l . 2) 4- ' v ✓‘e.Sev v av1 �� y Seta/( to YC3 V) C)�' t is 5 i e IL-5" S'3 7 t v.� ark �� �� -� ao lit tta1l ))��tt-% ►7 s xirl s ee, L,uei4S vau S �— vI ) ave �yeas � �- s w �t A 2 i,rd 0-1 PROCEDURE Xhinistrative 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. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's appiications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Mans submitted with an application shall be folded IN ADVANCE to 8.5 by 11 inches. One 8.5 inch by 11 inch map of a proposed oralect should be submitted for attachment to the staff report or administrative decision. Application with unfolded mans shall not be accepted. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 5 'ON-Residennai 3octicauoruP!arwnq Department 3ect:on The Planning Division and Engineering Division 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. The administrative decision or public hearing will typically occur approximately 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 47) days prior to the public hearing. A 10, to 20 day public appeal period follows all land use decisions. An appeal on this matter would be heard by the Tigard P L(11444,(-4‘f �o'44 r14 I 1 . A basic flow chart which illustrates the review process is available from the Planning Divis o 'upon request. 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. PLEASE NOTE: The conference and notes cannot cover all Code requirements and aspects of good 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 staff relative to Code requirements prior to submitting an application. Additional pre-application conference(s) islare required if an applications) islare to be submitted more than six months following this pre-application conference, unless the additional conference(s) is deemed as unnecessary by the Planning Division. PREPARED BY: i �/' 4C v CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639-4171 FAX: (503) 684-7297 17.a gm m at tvvn ut es tpr ea o p<:tt s t Ergmee-mg Secncn:muterskpreaop{.mql CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 YON-Residential aopticanon,Ptavmnq]eoartrnent aeon CITY OF TIGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST CITY OF TIGARD The items on the checklist below are required for the succesful completion of your application submission requirements. This checklist identifies what is required to be submitted with your application. This sheet MUST be returned and submitted with all other applicable materials at the time you submit your land use application. See your application for further explanation of these items or call the City of Tigard Planning Division at (503) 639-4171. Staff: 114 k3tQ Date: /4 J 4 Qs I APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE /MARKED IT iS A) Application form (1 copy) B) Owner's signature/written authorization m/ C) Title transfer instrument/or grant deed m� D) Applicant's statement No. of Copies —LC 4' E) Filing Fee $ S C3as Ovk h a(we._ u. ve6% I SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE / MARKED ITEMS A) Site Information showing: No. of Copies --26, 1 . Vicinity map 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) �Y 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: (a) Floodplain areas (b) Slopes in excess of 25°0 (c) Unstable ground 2� (d) Areas with high seasonal water table (e) Areas with severe soil erosion potential (f) Areas having severely weak foundation soils 11�� 6. Location of resource areas as shown on the Comprehensive Map inventory including: (a) Wildlife habitats (b) Wetlands �^ 7. Other site features: (a) Rock outcroppings (b) Trees with 6" ; caliper measured 4 feet from ground level 8. Location of existing structures and their uses 9. Location and type of on and off-site noise sources 10. Location of existing utilities and easements 11 . Location of existing dedicated right-of-ways _aNO LSE APPLICATION/LIST PACE 1 OF 5 • B) Site Development Plan Indicating: No. of Copies -0 1. The proposed site and surrounding properties 2. Contour line intervals 3. The location, dimensions and names of all: (a) Existing & platted streets & other public ways and easements on the site and on adjoining properties �/ (b) Proposed streets or other public ways & easements on the site (c) Alternative routes of dead end or proposed streets that require future extension 4. The location and dimension of: (a) Entrances and exits on the site (b) Parking and circulation areas (c) Loading and services area (d) Pedestrian and bicycle circulation ;1 (e) Outdoor common areas (f) Above ground utilities (g) Trash and recyclable materials areas 5. The location, dimensions & setback distances of all: (a) Existing permanent structures, improvements, utilities, and easements which are located on the site and on adjacent property within 25 feet of the site (b) Proposed structures, improvements, utilities and easements on the site 6. Storm drainage facilities and analysis of downstream conditions 7. Sanitary sewer facilities 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques 10. The location of mailboxes 11 . The location of all structures and their orientation 12. Existing or proposed sewer reimbursement agreements C) Grading Plan Indicating: No. of Copies r2- The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1 . The location and extent to which grading will take place indicating: (a) General contour lines (b) Slope ratios (c) Soil stabilization proposal(s) (d) Approximate time of year for the proposed site development 2. A statement from a registered engineer supported by data factual substantiating: (a) Subsurface exploration and geotechnical engineering report (b) The validity of sanitary sewer and storm drainage service proposals (c) That all problems will be mitigated and how they will be mitigated LAND USE APPLICATION J LIST PACE 2 OF 3 U) Arcnitecturat Drawings Inaicaunj : pro. of Copies / The site development plan proposal shall include: 1. Floor plans indicating the square footage of all structures proposed for use on-site 2. Typical elevation drawings of each structure E) Landscape Plan Indicating: No. of Copies 2-0 The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1. Description of the irrigation system where applicable fi 2. Location and height of fences, buffers and screenings g 3. Location of terraces, decks, shelters, play areas, and common open spaces 4. Location, type, size and species of existing and proposed plant materials G� 5. Landscape narrative which also addresses: (a) Soil conditions (b) Erosion control measures that will be used F) Sign Drawings: Sign drawings shall be submitted in accordance with Chapter 18.114 of the Code as part of the Site Development Review or prior to obtaining a Building Permit to construct a sign. G) Traffic Study: ❑ H) Preliminary Partition/L•t Line Ad'ustment Ma. Indicatin:: No. of Copies 1 . The owner of the s •ject parcel ❑ 2. The owner's authori -d agent ❑ 3. The map scale (20, 58 100 or 200 feet-1 inch) north arrow and date ❑ 4. Description of parcel lo ation and boundaries ❑ 5. Location, width and nam:s of streets, easements and other public ways within and adjacent .• the parcel ❑ 6. Location of all permanent b ildings on and within 25 feet of all property lines ❑ 7. Location and width of all wate courses ❑ 8. Location of any trees within 6" • greater caliper at 4 feet above ground level ❑ 9. All slopes greater than 25% ❑ 10. Location of existing utilities and utili ; easements ❑ 11 . For major land partition which creates public street: (a) The proposed right-of-way location .nd width ❑ (b) A scaled cross-section of the propos=. street plus any reserve strip ❑ 12. Any applicable deed restrictions ❑ 13. Evidence that land partition will not preclud- -fficient future land division where applicable _AND USE AP°UcAT!ON/LIST PAGE 3 OF 5 - I) Subdivision Preli" inary Plat Ma. and Data Indicatin•: No. of Copies 1 . Scale equaling 30, 50, 100 or 200 feet— 1 inch) and limited to one p,ase per sheet ❑ 2. The proposed na e of the subdivision ❑ 3. Vicinity map sho •ng property's relationship to arterial and collector streets ❑ 4. Names, addresses an. telephone numbers of the owner, developer, engineer, surveyer ant' designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract o be subdivided ❑ 7. Names of adjacent subd vision(s) or names of recorded owners of adjoining parcels of un-s bdivided land ❑ 8. Contour lines related to a ity-established benchmark at 2-foot intervals for 0-10% grades greater t .n 10% 9. The purpose, location, type .nd size of all the following (within and adjacent to the proposed su•.ivision): (a) Public and private right •f-ways and easements ❑ (b) Public and private sanita and storm sewer lines ❑ (c) Domestic water mains in. uding fire hydrants ❑ (d) Major power telephone tr. smission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations for parks, open spaces, pathways and other land encumbrances ❑ 10. Approximate plan and profiles of p •posed sanitary and storm sewers with grades and pipe sizes indicated •an the plans ❑ 11 . Plan of the proposed water distributio system showing pipe sizes and the location of valves and fire hydrant ❑ 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasona•le distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of proposed street rig t-of-way(s) ❑ 14. The location of all areas subject to inundati.'n or storm water overflow ❑ 15. Location, width & direction of flow of all wa er courses & drainage-ways ❑ 16. The proposed lot configurations, approximate of dimensions and lot numbers. Where lots are to be used for pu •oses other than residential, it shall be indicated upon such lots. 17. The location of all trees with a diameter 6 inche or greater measured at 4 feet above ground level and the location of proposed tree plantings 18. The existing uses of the property including the loc. ion of all structures and the present uses of the structures, and a statem- t of which structures are to remain after platting 19. Supplemental information including: (a) Proposed deed restrictions (if any) c (b) Proof of property ownership ❑ (c) A proposed plan for provision of subdivision impr. ements ❑ • LAND LSE APPLICATICN J LIST -\CE 4 CF • 20. Existing natural features including rock outcroppings, wetlands and marsh areas ❑ 21. If any of the foregoing information cannot practicably be shown on the preliminary plat, it shall be incorporated into a narrative and submitted with the application ❑ )) Solar Access Calculations: ❑ K) Other Information No. of Copies ❑ h`login,patty\rnasters\l-ckIist.mst May 23, 1995 • LAND USE,APPLICATION J LIST PACE 5 CF 5 ucce44.i ...tadectalemiaP 89-3963?. D U PUBLIC FACILITIES The purpose of the pre-application conference is to: C:TY CF T!G.aRD CREGCN (1.) identity applicable Comprehensive Plan policies and ordinance provisions. (2.) To provide City staff an opportunity to comment on specific concerns. (3.) To review the Land Use Application review process with the applicant and to identify who the final decision making authority shall be for the application. 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 approoriate authority. There will be no final recommendation to the decision makinc authority on behalf of the City staff until ail 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 Jevelapment Cade: or (Z_) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for (1.) to feet from centerline. (2.) to feet from centerline. (3.) to feet from centerline. 2' 6 82' Pcaz /cc14 Street 'mQrOVe:TTeRis: v��'v-- • • 1.) street improvements ',viii be iecessari along a rJ cZ / 77k2124. ICI°1-1"-tIcYja- (2.) street improvements will be necessary along (3.1 Street improvements shall include feet of pavement from centerline. plus the installation of curt and gutters, storm sewers. underground placement of utility wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot wide sidewalk (sidewaiks may be required to be wider on arterials or major collector streets, or in the Cantrai 3usiness District), necessary street signs, streetlights. and a two year streetlighting fee. n ZkA..a I c't 0:TY OF TIGARD ?re-Aopiicauon .anference Totes ?age i 3f iesunnv 1.4r:zr, in some cases. where street improvements or outer necessary puolic improvements are not currently practical. the sire improvements may be deferred. In such cases, a condition of development approval may be specified which requires the proper awnerts) to execute a nan-remonstrance agreement which waives the property owner's right to remonstrate against the formatic of a !peal improvement distnc: formed to improve: (1.) (2.) Pedestrianways bikeways: Sanitary Sewers. The nearest sanitary sewer line to this property is a(n) inch line which is located in eaf c.-1,r P/) o , ,Qv - . The proposed development must be connected to a sanitary sewer. It the developer's responsibility to extend the sewer along the proposed development site's Water Supply: The T V hvD Water District - Phone:(603) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposer development. -re Protection: Tualatin Valley sire and Rescue District (Contact: Gene Birchiil, (503) 526-2502) provides fire protectic services within the City of Tigard. The Oistrict should be contacted for information regarding the adequac• of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Agency Permits: Storm sewer improvements: Ggnadre, L,,s 68/4 F 6-V IsLer. p - Nv4.) a -- ,.. 3►131 (PM J. S T ORMWATE3 QUALITY FEES T TRAFFIC IMPACT FEES !n 1990. Washington County adopted a countywide Traffic !mpact Fee (TIF) ordinance. The Traffic Impact Fee program collect: fees from new development based an the development's projected .mpact upon the City's transportation system. The applican- snail 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 T1F is based an the proposed use of the land, the size of the project, and a general use based fa- category. The T1F shall be calculated at the time of building permit issuance. In limited circumstances, payment of the TIF ma'. be allowed to be deferred until the issuance of an occupancy permit. Deferral of the payment until occupancy is permissible only when the TIF is greater than $5,000.00. STREET OPENING PERMIT No work shall be preformed within a public right-of-way, or shall commence, until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS All projects that require a grading plan also require that the applicant shall submit a typical floor plan for each lot. This floor plan shall indicate the elevations of the four :criers of that plan along with elevations at the corner of each lat. PREPARED BY: ENGIN EKING DIVISION PHONE: (503) 639.4171 �ogmaat ro are aao..:s: _^g.:ac::on:reamer;; f OF ■G;,RO ?re-.application 3onterenca 'gates Page 3 or 3 iestornaai :c=trncnic^arrenno:e_ar:em zc ;n Key Bank Data Center CITY OF TIGARD SEWER MANHOLE I Cr 411) New 0. PERS I— co co Headquarters co / ryo Location m � o� `off* MILSTE■ 9 & ASSOCIATES N h"�FOa� JWM I SITE o�oF PFD F B 15 1996 OFFICE •�� RECEIVED FILE: HAINES ST. ATLANTA ST. a] 7 I TWAT WATER RES. UTILITIES CONTACTS AND TELEPHONE NUMBERS GTE-Jim Wieskamp 620-5943 NW Natural Gas-Jim Zehrung 220-2415 Tualatin Valley Water District-Jim Eckenrode 1642-1511 Kevin Schmeltrar] - NW NATURAL GAS City of Tigard Sewer City of Tigard Street Engineering-Renee Simmon 8394171 TUALATIN VALLEY WATER DISTRICT POE-Brian Moore-590-1351 Electric Ughtwave-Phil Beckman 295.8386 (fiber optics) GTE TELEPHONE Columbia Cable-DarrylTelin 641-4877 PGE Margaret Pairtar/Andy Scott(fiber optics) TICKET NUMBER-182540 /9f6. ft.'eb,47/4 -7'&6/e.1 k/-(174 �i� / d,r-k • . � �O /j ,a�r`.� �iiu-ate/ m �.� �i�� —�„3og w &6���404-r -776Af n, l��o),/ 973 d/1-' % 13( 2 5 /ki9gerxi72�� 3`b ) 1039'4'/ 7/ 7')/A-7')/A X-3/7 -7'144ea : _1”; 7./,___gejefAdeA 42.zi -h --m444 k i9/9am y. . i '/A2;-a� - - 7444,d,,,,, c '- - CP�.et ' (q( cY 7L‘e4 � G�QL`f.�u¢ss�(YCeM�2 // e/Aa 41 - fu � 4 ; &4 . earn 4 . 4 ,- / - '• /8,5# . 1)/v ,J,4- /t ,. ) A . iti9t5,e.4 L ' 4 /-Jyp P -J ? /2�/ P2. I Alt; 44 i411 e , Svt-� . )24.erlir(ei r, : D. q alPee ac.efeo y- Grimm /ee ) (L7 0 J Ce.C/t t.a y Lao DABS e►ri pg+dt I /91/1749 -70 . . y 1 PERS OFFICE BUILDING 1 PRELIMINARY CRITICAL DATE SCHEDULE (Revised 2/19/96) 9 Fa aQa7 Aw n A/r- 14 February Execute Design Consultant Contract 22 February Complete Draft CM/GC Solicitation 22 February Advertise for GM/GC RFQ and RFP 2, FFg .-r 0 Elooltso2tf Y►'1 e-sn►-Xi t•1 vn FcSr PA-1 7 March CM/GC RFQ Submittals Due /cDcsr DE94.1 1 Sig A f'P R L- 12 I i f}p e t.4 —p Th m aA d criT • f rk-E urn. V s-n wIr+ � nt.. r F.F,A ke 14 March Select CM/GC Finalists / H 0� �>z t 4►�6oa }4orr7 1 21 rn 2 j 9 g MM A t4F&44.a 1 i"."F."( 6411/44- INAL575 p-ePrz-vile Az uitrie.7 644-+QolA?1c v*-4/44 I I1 -f$V rew cwt/cam G. R+1w 4 Fi avA-isS ue p1 rz1v Crv �42 J "674 1 • April Complete Schematic Design DoAments'TE• L re°pn y i,1 �6"l 2 -211m,912.0.1 2 April Select CM/GC t 3 /3Pa►� SJY�/►n►T ApA-►c 417OI,� ,v G1rti o+Tc rtv o -<------ 5 April Execute CM/GC Phase I Contract 29 April Complete Value Engineering Review a • 5 May Complete Design Development Documents f1 17 May Complete Bid Package #1 Documents (Site Utility/Foundation) NI 23 May CM/GC Develops Preliminary GMP 23 May Develop Final GMP :,,; 31 May Complete Bid Package #2 (Structural Frame) I Post-it'Fax Note 7671 Date 1pages� 717a2t /. ,/7? ��rom ■y Co/Dept. Co. {7i_p4 i . _Phone* Phone#��'�t� J Fax Fax* ,NNING INTERIORS ONE 503.222.1661 FAX 222 1701 • PERS Office Building Schedule February 19, 1996 Page 2 7 June Receive Package #1 Bids (Site Utility/Foundation) 14 June Award Contract and Begin Construction Package #1 21 June Receive Package #2 Bids (Structural Frame) 21 June Complete Bid Package #3 (Completed Shell and Sitework) 1 12 July Complete Bid Package #4 (Tenant Improvements) 5 19 July Receive #3 Bids (Completed Shell and Sitework) 19 July Complete Construction Package #1 f r ` 2 August Receive Package #4 Bids (Tenant Improvements) 20 September Complete Construction Package #2 .I 20 December Complete Construction Package #3 i 28 February Complete Construction Package #4 1 April 1997 Final Clean-up and Begin Move-in J:111a2961tcxrDuLEraeoi ■ 11 r.i HOW TO IDENTIFY WETLANDS ARE THERE WETLANDS ON YOUR LAND? A YES answer to any of the questions may indicate that the site is a wetland. Yes No El ❑ Does the National Wetlands Inventory map or Local Wetlands Inventory map show a wetland on the property? ❑ ❑ Does the county soil survey map show the site as a hydric soil? ❑ ❑ Are there natural drainage channels or swales? ❑ ❑ Is the ground soggy underfoot in the spring? ❑ ❑ Are there depressions where water pools for several consecutive days in the spring? ❑ ❑ Do you avoid the area with heavy equipment for fear of getting bogged down? ❑ ❑ Would you need to ditch the site to dry it out? ❑ ❑ Are seeps or springs present? ❑ ❑ Are there sediment deposits on fallen leaves? ❑ ❑ Is the soil gray rather than brown or reddish brown? ❑ ❑ Dig a shallow hole and remove a clump of soil. Are there rusty red mottles against a gray background? If you remove a live root from the clump,does it leave a rusty line in the root channel? ❑ ❑ Is there evidence of surface scour? ❑ ❑ Do you see many clumps of rushes(round stems),sedges(angular stems),skunk cabbage, willows,or Oregon ash?(These are just a few of the many plants that grow in wetlands.) ❑ ❑ If farmed,is there crop stress due to poorly drained soils? HELPFUL WETLAND IDENTIFICATION TOOLS Tool Available From National Wetlands Inventory(NWI)maps Division of State Lands(DSL) Local Wetlands Inventories(some areas) DSL;Local Planning Department List of Plant Species that Occur in Wetlands DSL Soil Survey and list of hydric soils Soil Conservation Service, Soil &Water Conservation District Federal Manual for Identifying and Delineating Jurisdictional Wetlands U.S. Government Bookstore,Portland Oregon Division of State Lands Wetlands Program 775 Summer St. NE, Salem,OR 97310 Just the Facts#4 (503) 378-3805 September 1992 SUN. MON. TUES. WED. THURS. FRI. SAT. Vii_ 1 3 . R oils. 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SI DD I T i G • IS 7.° I 121411.00 -- — AptPup - q-1b-Q,T Ole-PEeTtJ t, AGENDA ITEM # I For Agenda of or ; CITY OF TIGARD, OREGON COUNCIL AGENDA ITEM SUMMARY ISSUE/AGENDA TITLE: Zone Ordinance Amendment ZOA 92-0004 (Tree Removal) PREPARED BY: Dick Bewersdorff DEPT HEAD OK /(/7(( CITY ADMIN OK ISSUE BEFORE THE COUNCIL Should the City revise the Community Development Code by adopting a revised Code Section 18.150 regarding tree removal? STAFF RECOMMENDATION Adopt the attached ordinance amending the Community Development Code and the attached resolution adopting a fee for tree removal permits. INFORMATION SUMMARY The Planning Division began drafting a new Community Development Code Section 18.150 concerning tree removal in 1991. Original drafts included relatively minor amendments to the existing code. Because of increased citizen interest, the scope of changes increased. After Planning Commission deliberations, the City Council held a public hearing on the proposed ordinance in July, 1994 and a later work session in August, 1994. An ordinance was drafted to reflect changes made as a result of those meetings as well as an additional public hearing on October 11, 1994 and work sessions on September 27, 1994 and November 15, 1994. On November 15, 1994 the City Council passed a resolution to appoint a Tree Task Force. Membership was composed of a cross-section of community interests including those favoring tree protection regulations and those representing property rights concerns. Working with staff, the Task Force met numerous times to develop a consensus approach of when to protect trees without unduly infringing on property rights. The Task Force worked hard to overcome many polarized issues. A February 28, 1995 memo from the Tree Task Force to the City Council outlined a tree protection program that differed in approach from previous draft ordinances. The program centered on identifying when tree protection is important to the community and when these goals deserve to be weighted more than property rights and vice-versa. The February 28 memo is attached. Tree removal permits would be required only on sensitive lands. A tree plan would be required for the development process. The Task Force was directed to complete their work on the draft ordinance. This culminated on April 26, 1995 with the Task Force completing their review of the draft ordinance. The Task Force presented the draft ordinance to the City Council on June 20, 1995. The attached ordinance is the result of the Task Force's review. Exhibit "A" of the attached ordinance covers the new tree removal permit procedures. Exhibit "B" covers new stop work order provisions reviewed by City Council in previous drafts. _ Besides the tree removal permit for sensitive lands and the tree plan for development, the draft ordinance dated April 27, 1995 also includes a prohibition against commercial forestry (ten or more trees per acre, per calendar year for sale). Commercial forestry does not include Christmas tree production or land registered as tax deferred tree farms, or small woodlands which are permitted. The new draft also includes a range of mitigation based on the amount of trees removed; approval standards for tree removal on sensitive lands that incorporate the Unified Sewerage Agency erosion control standards applicable to all development; and the incentive and penalty provisions that the Council requested in their previous review. The proposed ordinance will substantially reduce the number of tree removal permits from previous ordinance drafts. The tree protection plans will be incorporated into project plan review without the need for a permit. OTHER ALTERNATIVES CONSIDERED 1. Revise the attached ordinance. 2. Leave the existing code as is and move to reject the ordinance. FISCAL NOTES The average estimated cost of processing a tree removal permit was $180 with previous drafts. Since the proposed the ordinance proposed by the Task Force does not require notification of adjacent property owners and is administrative in nature, the average estimated processing cost of a tree removal permit under the April 27, 1995 draft is expected to be $72. Based on the 1984 Council resolution establishing planning fees at 80 percent of cost, the proposed fee should be $58 plus $1 for each additional tree over 5 removed. MEMORANDUM (401 CITY OF TIGARD, OREGON CITY OF TIGARD OREGON TO: Tigard City Council FROM: Tree Task Force DATE: February 28, 1995 SUBJECT: Tree Protection Program Based on our discussions, the Tree Task Force has developed a tree protection program that differs in approach from the original proposed ordinance. We have developed our approach by identifying when tree protection is important to the community and when these goals deserve more weight than private property interests and vice-versa. 1) ON SENSITIVE LANDS (which would include steep slopes, lands within a stream corridor or lands within the buffer and area of a wetlands) the City will require a tree permit. The applicant must prove that removal of the tree or removal and mitigation will not decrease the level of erosion control or water quality protection the tree provided. The City will produce a map showing which areas are affected. 2) The City will conduct a SIGNIFICANT TREE study including review of other communities' work, definition, identification and inventory. This information will be used differently during the development process than it will be when development is not occurring. In the later category, the City will not prevent the removal of the tree but will offer incentives such as maintenance services and recognition. During development, the City may not allow removal of a significant tree, but will provide incentives such as those proposed in the existing draft tree ordinance. This study will also include an evaluation of when and where the City should apply commercial forestry practices. 3) DLBLNG DEVELOPMENT, the City should require a tree plan which will include an arborist analysis of existing trees, strategies for saving existing trees or mitigating tree removal for a goal of no net tree loss. Significant trees and trees in sensitive lands would be protected. The City will offer incentives such as the lessening of other development restrictions, as appropriate. 1 3125 L.:y n� T' r.r 97 .51� '� 4w Tj` ^3 6`8,1-2772 :.,,�., SW �i �wc.. ,��,. c, OR 97223 t5C3) �„9- 71 c r�.,�;,.) CITY OF TIGARD, OREGON ORDINANCE NO. 95- AN ORDINANCE TO AMEND PROVISIONS OF THE COMMUNITY DEVELOPMENT CODE BY ADOPTING A REVISED CODE CHAPTER 18.150 REGARDING TREE REMOVAL (ZOA 92-0004) AND NEW SECTIONS 18.24.070. WHEREAS, the City of Tigard finds it necessary to revise the Community Development Code periodically to improve the operation and implementation of the Code; and WHEREAS, the City of Tigard Planning Commission reviewed proposals for revising Section 18.150 at public hearings on January 4, 1993, October 4, 1993, and January 17, 1994 and at work sessions September 20, 1993, October 18, 1993, December 28, 1993 and February 7, 1994; and WHEREAS, the City of Tigard Planning Commission voted to recommend the revised Section 18.150, which was revised by the City Council and then revamped after review by a City Council appointed Tree Task Force as shown in Exhibit 'A'; and WHEREAS, the City Council held public hearings on July 12, October 11, 1994 and January 24, 1995 to consider the drafts of a proposed amendment and a further public hearing on September 12, 1995 to consider a revised ordinance as recommended by the Tree Task Force. THE CITY OF TIGARD ORDAINS AS FOLLOWS: SECTION 1: The proposal is consistent with all relevant criteria as noted below: The relevant criteria is this case are Statewide Planning Goals 1, 2 and 5, City of Tigard Comprehensive Plan Policies 1.1.1 a. and c. , 2.1.1, 2.1.3 and 3.4.2.b. and Implementation Strategy 4 of Policy 3.4 and Community Development Code Chapter 18.30. The proposal is consistent with the applicable Statewide Goals based on the following findings: 1. Goal 1, Citizen Involvement, is met because the City has followed its adopted citizen involvement program which involved review by neighborhood planning organizations and public hearings as listed above. The City's citizen involvement policies in the comprehensive plan have been acknowledged to be in compliance with Goal 1. Notice for all hearings was provided in the Tigard Times which summarized and outlined the amendments being made to existing code provisions and was done so for each public hearing. Copies of the latest revised ordinance drafts have always been available at least seven days prior to the hearings which follow Community Development Code procedure. 2. Goal 2, Land Use Planning, is met because the City has applied all relevant Statewide Planning Goals, City Comprehensive Plan Policies and Community Development Code requirements in review of this proposal. 3. The Council has reviewed the Goal 5 questions and arguments raised by David Smith (in letters dated January 17, 1994, July 11, 1994, and October 4, 1994) , and understands the concern raised by DLCD that the ordinance is part of the City's Goal 5 implementation program. y ." The Council adopts by this reference the analysis of these issues provided by the City Attorney (in memoranda dated March 1, 1994 and August 31, 1994) . We conclude that the amendments to the Tree Removal Chapter of the Community Development Code do not require amendment of the City 's Goal 5 implementation program or a new Economic, Social, Environmental and Energy (ESEE) inventory and analysis under Goal 5 and its implementing rules. The Council recognizes that the City's Goal S implementation program references the tree removal ordinance. However, the Council notes that the specifically identified function of the ordinance under that plan is to protect 'major vegetation on undeveloped land' in the Little Bull Mountain Forest. Volume 1, Page 1-97, Natural Features and Open Space Comprehensive Plan Report. By showing that the amended ordinance will continue to provide this protection, the Council finds compliance with the City's Goal 5 ESEE plan. Since that plan itself is acknowledged as in compliance with the goal, the ordinance does not require a new ESEE analysis. Many ordinances may be referenced as part of a Goal 5 implementing program. However, to require a new ESEE analysis upon any amendment to such ordinances would produce an absurd result which is not required under the Oregon land use system. Under that system, the various implementing measures of the comprehensive plan, including the Goal S implementation plan, are the guiding documents of the development ordinances. Upon acknowledgement, the plan is presumed to be in compliance with the goal. Ordinances, thus, must show compliance with the plan. The key issue for the Council to determine is whether the amended ordinance continues to fulfill its requirement under the implementing program. Mr. Smith contends that under Goal 5, the City must first inventory the location, quality and quantity of the trees it wants to protect.' He thus reasons that upon such inventory, the City must follow the rest of the Goal 5 process, including an ESEE analysis. The Council finds Smith's premise, that trees are a resource required to be inventoried under Goal 5, to be faulty. Reference to the goal makes clear that trees per se are not a listed resource. The City Attorney's memorandum of August 31, 1994 more fully sets out this reasoning. The Council finds that the amendments will serve to maintain or increase the protection provided by the existing language. The Tree Removal Chapter as amended will continue to protect 'major vegetation on undeveloped land' within the Little Bull Mountain Forest, the only such requirement in the City's Goal 5 ESEE analysis in Volume 1, Appendix I of the acknowledged Comprehensive Plan. The identified resource areas will not change, and need not be re-inventoried or re-analyzed because of these amendments. The Council finds no other reference to the Tree Removal chapter in the City's acknowledged Natural Features and Open Spaces Report. Therefore, we find also that the amended Tree Removal Chapter will serve the same Goal 5 function as the existing acknowledged Tree Removal Chapter. The Council finds that, in fact, these amendments have the effect of increasing protection for 'major vegetation on undeveloped land. ' Under the existing ordinance, developed land is exempted form the permit requirement. Since the term 'developed land' was not defined in the ordinance, it became a matter of staff interpretation. That interpretation was made as including any lot or parcel with an existing use. By setting out a definition which includes in developed residential land only those lots or parcels with an existing use which are not capable of being subdivided or partitioned, the amended ordinance will place more land under the permit .- - requirement. The Council finds that such a result increases the level of resource protection sought by the implementation program. Mr. Smith further contends that the City could avoid Goal 5 by adopting ordinances that meet the objective of the Forest Practices Act (FPA) . The City Council finds that: 1) when the original drafts were reviewed, the Department of Forestry said it would no longer administer the FPA within City limits and the City's regulations (including erosion control requirements adopted by the City and required by the Unified Sewerage Agency) were more restrictive than the FPA. (See letter from Kevin Birch dated January 25, 1993) ; 2) the City Council prefers to retain local control rather than return to general state regulation; and 3) this amendment is pursuant to the FPA. The proposal is consistent with the City's acknowledged Comprehensive Plan based on the following findings: 1. Policies 1.1.1 a. and c. are satisfied because the proposed code changes are consistent with Statewide Planning Goals as indicated above and the changes help to keep the development code current with local needs. 2. Policies 2.1.1 and 2.1.3 are satisfied because the proposal has been reviewed at multiple public hearings, work sessions and neighborhood groups beginning in January, 1993 through the present. 3. The Council has reviewed the argument concerning Implementation Strategy 4 of Plan Policy 3.4 (hereinafter referred to as Strategy 4) contained in the letters of David Smith dated January 17, 1994, July 11, 1994, and October 4, 1994. The Council adopts by this reference the analysis of this issue provided in the City Attorney's memorandum of March 1, 1994. we concluded that Strategy 4 is satisfied by the amended ordinance. The Council finds the proposed ordinance to satisfy Strategy 4 because the ordinance as amended will continue to protect large and unique stands of trees and major vegetation areas as called for by that strategy. That strategy provides: 'where there exists large or unique stands of trees or major vegetation areas within the planning area on undeveloped land, the City shall ensure that development proposals do not substantially alter the character of the vegetation areas through the planned development process and the 'tree cutting' section of the Community Development Code.' In his letter January 17, 1994 letter, Mr. Smith suggests that this policy is effectively amended because the proposed new ordinance addresses 'all trees on undeveloped land . . . . The Council finds this reasoning to be unpersuasive. Strategy 4 does not require that the tree removal ordinance necessarily be circumscribed to those areas (large or unique stands of trees or major vegetation areas) which it describes. Rather, it requires that ordinance must carry out the strategy by 'ensuring that development proposals do not substantially alter the character' of the described areas. The Council finds that the amended ordinance does so in that it requires development proposals, brought under the restrictions of the ordinance by the Site Development Review proces, S18.120.180.A.1.1, to obtain permits for tree removal. S18.150.030.A. To obtain such a permit requires a showing that, among other things, the removal is 'necessary' for the development to take place. S18.150.040.C. This requirement is unchanged from the current ordinance_ Some of the applicable criteria have changed. Notably, reasonable alternative to the removal cannot exist. Also changed is the amount of land falling under this permit requirement. Previously, the ordinance excluded developed residential property. That term was left undefined by the ordinance; staff interpreted it as including any residential property, 3 acres or less in area with an existing use. It now includes all land which either contains no existing use or which is capable of further subdivision or partitioning. The Council finds this to improve the effectiveness of implementation of Strategy 4 by placing more land under the term 'undeveloped, ' and providing vegetation thereon with better protection. 4. Community Development Code Section 18.30 which establishes procedures for legislative code changes is satisfied according to the above findings. SECTION 2: Community Development Code Chapter 18.150 shall be revised as shown in Exhibit 'A', and Section 18.24.070 and shall be added as shown in Exhibit .B.. SECTION 3: This ordinance shall be effective 30 days after its passage by the Council, approval by the Mayor, and posting by the City Recorder. PASSED: By vote of all Council members present after being read by number and title only, this day of , 1995. Catherine Wheatley, City Recorder APPROVED: This day of , 1995. Approved as to form: City Attorney Date August 22, 1995 CITY OF TIGARD EXHIBIT "A" TO ORDINANCE NO. CHAPTER 18. 150 TREE REMOVAL Sections: 18. 150.010 Purpose 18. 150.020 Definitions 18. 150.025 Tree Plan Requirement 18. 150.030 Permit Requirement 18. 150.040 General Permit Criteria - Discretionary - Mitigation 18. 150.045 Incentives for Tree Retention 18. 150.050 Expiration of Approval - Extension of Time 18.150.060 Application Submission Requirements 18. 150.070 Illegal Tree Removal - Violation - Replacement of Trees 18 . 150.010 Purpose. A. After years of both natural growth and planting by residents, the City now benefits from a large number of trees. These trees of varied types add to the aesthetic beauty of the community, help clean the air, help control erosion, maintain water quality and provide noise barriers. B. The purposes of this chapter are to: 1. Encourage the preservation, planting and replacement of trees in the City; 2 . Regulate the removal of trees on sensitive lands in the City to eliminate unnecessary removal of trees; 3 . Provide for a tree plan for developing properties; 4. Protect sensitive lands from erosion; 6. Protect water quality; and 7. Provide incentives for tree retention and protection; 8. Regulate commercial forestry to control the removal of trees in an urban environment. C. The City recognizes that, notwithstanding these purposes, at the time of development it may be necessary to remove certain EXHIBIT "A" TO ORDINANCE No. 95- Page 1 trees in order to accommodate structures, streets, utilities, and other needed or required improvements within the development. (Ord. 89-06; Ord. 83-52) 18 . 150. 020 Definitions. A. Except where the context clearly indicates otherwise, as used in this chapter: 1. "Canopy cover" shall mean the area above ground which is covered by the trunk and branches of the tree. 2 . "Commercial forestry" shall mean the removal of ten or more trees per acrerper calendar year for sale. 3 . "Hazardous tree" shall mean a tree which by reason of disease, infestation, age, or other condition presents a known and immediate hazard to persons or to public or private property. 4 . "Pruning" shall mean the cutting or trimming of a tree in a manner which is consistent with recognized tree maintenance practices. 5. "Removal" shall mean the cutting or removing of 50 percent (50%) or more of a crown, trunk or root system of a tree, or any action which results in the loss of aesthetic or physiological viability or causes the tree to fall or be in immediate danger of falling. "Removal" shall not include pruning. 6. "Tree" shall mean a standing woody plant, or group of such, having a trunk which is six inches or more in caliper size when measured four feet from ground level. 7 . "Sensitive lands" shall mean those lands described at Chapter 18.84 of the Code. B. Except where the context clearly indicates otherwise, words in the present tense shall include the future and words in the singular shall include the plural. 18 . 150. 025 Tree Plan Requirement A. 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, major partition, site development review, planned development or conditional use is filed. Protection is preferred over removal where possible. B. The tree plan shall include the following: EXHIBIT "A" TO ORDINANCE No. 95- Page 2 1. Identification of the location, size and species of all existing trees including trees designated as significant by the city; 2. 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 18.150.070.D. according to the following standards: a. Retainage of less than 25 percent 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. b. Retainage of from 25 to 50 percent of existing trees over 12 inches in caliper requires that two- thirds of the trees to be removed be mitigated according to Section 18.150.070.D. c. Retainage of from 50 to 75 percent of existing trees over 12 inches in caliper requires that 50 percent of the trees to be removed be mitigated according to Section 18.150.070D. d. Retainage of 75 percent or greater of existing trees over 12 inches in caliper requires no mitigation. 3 . Identification of all trees which are proposed to be removed; 4. A protection program defining standards and methods that will be used by the applicant to protect trees during and after construction. C. Trees removed within the period of one year prior to a development application listed above will inventoried as part of the tree plan above and will be replaced according to Section 18. 150.070 D. 18. 150.030 Permit Requirement. A. Tree removal permits shall be required only for the removal of any tree which is located on or in a sensitive land area as defined by Chapter 18.84. B. A tree removal permit shall not be required for the removal of a tree which: 1. Obstructs visual clearance as defined in Chapter 18. 102 of the Code; EXHIBIT "A" TO ORDINANCE No. 95- Page 3 2. Is a hazardous tree; 3 . Is a nuisance affecting public safety as defined in Chapter 7.40 of the Code; 4. Is used for Christmas tree production, or land registered with the Washington County Assessor's office as property tax deferred tree farm or small woodlands, but does not stand on sensitive lands; C. Commercial Forestry as defined by 18. 150.020.A.2. and excluding B.4 above is not permitted. 18. 150. 040 Permit Criteria. A. The following approval standards shall be used by the Director or designee for the issuance of a tree removal permit on sensitive lands: 1. Removal of the tree must not have a measurable negative impact on erosion, soil stability, flow of surface waters, or water quality as evidenced by an erosion control plan which precludes: a. Deposits of mud, dirt, sediment or similar material exceeding 1/2 cubic foot in volume on public or private streets, adjacent property, or into the storm and surface water system, either by direct deposit, dropping, discharge or as a result of the action of erosion. b. Evidence of concentrated flows of water over bare soils; turbid or sediment laden flows; or evidence of on site erosion such as rivulets on bare soil slopes where the flow of water is not filtered or captured on site using the techniques of Chapter 5 of the Washington County Unified Sewerage Agency Environmental Protection and Erosion Control rules. B. Within stream or wetland corridors, as defined as 50 feet from the boundary of the stream or wetland, tree removal must maintain no less than a 75 percent canopy cover or no less than the existing canopy cover if the existing conopy cover is less than 75 percent. 18. 150. 045 Incentives for Tree Retention. A. In order to assist in the preservation and retention of existing trees, the Director may apply one or more of the following incentives as part of development review approval and the provisions of a tree plan according to Section 18. 150.025: EXHIBIT "A" TO ORDINANCE No. 95- Page 4 1. Density Bonus. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan, a one percent (1%) bonus may be applied to density computations of Chapter 18.92. No more than a twenty percent (20%) bonus may be granted for any one development. The percentage density bonus shall be applied to the number of dwelling units allowed in the underlying zone. 2. Lot Size Averaging. In order to retain existing trees over twelve inches in caliper in the development plan for any land division under Chapter 18.160, lot size may be averaged to allow lots less than the minimum lot size allowed by the underlying zone as long as the average lot area for all lots and private open space is not less than that allowed by the underlying zone. No lot area shall be less than eighty percent (80%) of the minimum lot size allowed in the zone. 3 . Lot Width and Depth. In order to retain existing trees over twelve inches in caliper in the development plan for any land division under Chapter 18.160, lot width and lot depth may be reduced up to twenty percent (20%) of that required by the underlying zone. 4 . Commercial/Industrial/Civic Use Parking. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan for commercial, industrial or civic uses listed in Section 18 . 106. 030, Minimum Off-Street Parking Requirements, a one percent (1%) reduction in the amount of required parking may be granted. No more than a twenty percent (20%) reduction in the required amount of parking may be granted for any one development. 5. Commercial/Industrial/Civic Use Landscaping. For each two percent (2%) of canopy cover provided by existing trees over twelve inches in caliper that are preserved and incorporated into a development plan, a one percent (1%) reduction in the required amount of landscaping may be granted. No more than twenty percent (20%) of the required amount of landscaping may be reduced for any one development. 6. Setback Adjustment. The Director may grant a modification from applicable setback requirements of this Code for the purpose of preserving a tree or trees on the site of proposed development. Such modification may reduce the required setback by up to 50%, but shall not be more than is necessary for the preservation of trees on the site. The setback modification described in this section shall supersede any special setback requirements EXHIBIT "A" TO ORDINANCE No. 95- Page 5 or exceptions set out elsewhere in this Code, including but not limited to Chapters 18.96, 18. 146, and 18. 148, except Section 18.96.020. B. Any tree preserved or retained in accordance with this section may thereafter be removed only for the reasons set out in a tree plan according to Section 18. 150.025 or 18. 130.B. , and shall not be subject to removal under any other section of this Chapter. The property owner shall record a deed restriction as a condition of approval of any development permit impacted by this section to the effect that such tree may be removed only if the tree dies or is hazardous according to a certified arborist. The deed restriction may be removed or will be considered invalid if a tree preserved in accordance with this section should either die or be removed as a hazardous tree. The form of this deed restriction shall be subject to approval by the Director. C. A modification to development requirements granted under this section shall not conflict with any other restriction on the use of the property, including but not limited to easements and conditions of development approval. D. The City Engineer may adjust design specifications of public improvements to accommodate tree retention where possible and where it would not interfere with safety or increase maintenance costs. 18 . 150. 050 Expiration of Approval - Extension of Time. A. A tree removal permit shall be effective for one and one-half years from the date of approval. B. Upon written request by the applicant prior to the expiration of the existing permit, a tree removal permit shall be extended for a period of up to one year if the Director finds that the applicant is in compliance with all prior conditions of permit approval and that no material facts stated in the original application have changed. 18 . 150. 060 Application Submission Requirements. A. Application for a tree removal permit shall be on a form provided by the Director. Completed applications shall consist of this form, two copies of the supplemental data and narrative set out in Subsection B or this section, and the required fee. Applications shall not be accepted unless they are complete as defined herein. B. The supplemental data and narrative shall include: 1. The specific location of the property by address, assessor's map number, and tax lot; EXHIBIT "A" TO ORDINANCE No. 95- Page 6 2. The number, size, type and location of the tree(s) to be cut; 3. The time and method of cutting or removing the tree(s) ; 4. Information concerning any proposed landscaping or planting of new trees; and 5. A narrative as to how the applicable criteria of this chapter, for example, Section 18. 150.040.A, are satisfied. C. In accordance with Section 18.32.080, the Director may waive any of the requirements in Subsection B above or request additional information. 18 . 150.070 Illegal Tree Removal-Violation-Replacement of Trees. A. The following constitute a violation of this chapter: 1. Removal of a tree: ..X 'c a. without a valid tree removal permit; or A b. in noncompliance with any condition of approval of a tree removal permit; or c. in noncompliance with any condition of any City permit or development approval; or d. in noncompliance with any other section of the Code. 2 . Breach of a condition of any City permit or development approval, which results in damage to a tree or its root system. B. If the Director has reason to believe that a violation of this chapter has occurred, then he or she may do any or all of the following: 1. Require the owner of the land on which the tree was located to submit sufficient documentation, which may include a written statement from a qualified arborist or forester, showing that removal of the tree was permitted by this chapter. 2. Pursuant to Section 18.32.390, initiate a hearing on revocation of the tree removal permit and/or any other permit or approval for which this chapter was an approval standard. 3 . Issue a stop order pursuant to Section 18.24 . 070 of the Code. EXHIBIT "A" TO ORDINANCE No. 95- Page 7 4. Issue a citation pursuant to Chapter 1.16 of the Code. 5. Take any other action allowed by law. C. Notwithstanding any other provision of this Code, any party found to be in violation of this chapter pursuant to Section 1.16 of the Code shall be subject to a civil penalty of up to $500 and shall be required to remedy any damage caused by the violation. Such remediation shall include, but not be limited to, the following: 1. Replacement of unlawfully removed or damaged trees in accordance with Subsection D of this section; and 2. Payment of an additional civil penalty representing the estimated value of any unlawfully removed or damaged tree, as determined using the most current International Society of Arboriculture's Guide for Plant Appraisal. D. Replacement of a tree shall take place according to the following guidelines: 1. A replacement tree shall be a substantially similar _ species considering site characteristics. 2. 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. 3. If a replacement tree of the size cut is not reasonably available 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: 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 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. 4 . The planting of a replacement tree shall take place in a manner reasonably calculated to allow growth to maturity. E. 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. F. The remedies set out in this section shall not be exclusive. EXHIBIT "A" TO ORDINANCE No. 95- Page 8 • CITY OF TIGARD EXHIBIT "B" TO ORDINANCE NO. SECTION 18.24.070 1. Chapter 18.24 is amended by adding Section 181.24.070 to read as follows: "18. 24. 070 Stop Order Hearing. A. Whenever any work is being done in violation of the provisions of the Code or a condition of any permit or other approval granted pursuant hereto, the Director may order the work stopped by notice in writing served on persons engaged in doing such work or causing such work to be done. All work under the permit or approval shall cease until it is authorized to continue. B. The Director shall schedule a hearing on the stop order for the soonest practicable date, but not more than seven (7) days after the effectiveness of any required notice. At the discretion of the Director, such hearing may be: 1. Part of a hearing on revocation of the underlying permit or approval pursuant to Section 18.32.390; or 2 . Solely to determine whether a violation has occurred. The Hearings Officer shall hold this hearing and shall make written findings as to the violation within seven (7) days. Upon a finding of no violation, the Hearings Officer shall require the issuance of a resume work order. Upon finding a violation, the stop order shall continue to be effective until the violating party furnishes sufficient proof to the Hearings Officer that the violation has been abated. The Hearings Officer's decision is subject to review under Section 18. 32 .310.B. " • EXHIBIT "B" TO ORDINANCE No. 95- August 22 , 1995 Page 1 fir; CITY OF TIGARD, OREGON RESOLUTION NO. 95- A RESOLUTION TO AMEND RESOLUTION NO. 91-01 TO ESTABLISH A FEE FOR A TREE REMOVAL PERMIT AND SETTING AN EFFECTIVE DATE. Whereas, Section 3.32 of the Tigard Municipal Code grants the City Council the authority to set rates for fee and charges by resolution; and Whereas, Section 3.32 also establishes policies relating to the calculation of costs; and Whereas, the Tigard City Council, on September 24, 1984, moved to set new planning procedure fees at 80% of cost. NOW, THEREFORE, BE IT RESOLVED by the Tigard City Council that: Section 1: Resolution No. 91-01 is hereby amended to add the following fee for a tree removal permit: $58 plus $1 for each additional tree over 5 removed. Section 2: This resolution shall be effective September 12, 1995. PASSED: This day of `" , 1995. Mayor - City of Tigard ATTEST: City Recorder - City of Tigard -ar RESOLUTION NO. 95- • Page 1 M&AMILSTEAD & ASSOCIATES, Inc. RECEIVED PLANNING CONSTRUCTION PROGRAM MANAGERS Three Town Center 10121 S.E. Sunnyside Road FEB 2 61996 Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 February 22, 1996 Mr. Mark Roberts, A.I.C.P. City of Tigard, Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 RE: PERS Office Building, 11308 SW 68th Parkway, Tigard, Oregon Dear Mark, Thank you for making time to meet with me on February 20, 1996, to help locate the resources, references, and materials required by the Land Use Notification Process. During our brief meeting we discussed the following items: 1. Project Schedule: A copy of our Project Schedule by Fletcher-Farr-Ayotte Architects (Rev. 2/19/96) was reviewed and I gave you a copy indicating Neighborhood Meeting notification(Feb. 28, 1996) and meeting date(March 14, 1996). The other key dates shown are our next scheduled Q&A meeting(March 12, 1996) and formal submittal of Site Development Review Application on April 3, 1996 complete in all details. Our most critical date is June 14, 1996, on which we are scheduled to begin grading and foundation work. (Copy of referenced schedule enclosed.) 2. Our discussion of the sequence and requirements for notification and hosting of the Neighborhood Meeting will lead us to the County Assessor's office for Landholder names within 250' of the property and the list of the East Citizens Involvement Team (CIT) found in our pre-application packet. We will take special care to complete the Affidavit of Mailing and Posting to verify, with notary, the actual issuance dates. 3. I will contact Mr. Gene Birchill (526-2502) at Beaverton City Hall. As Plans Examiner for the Tualatin Valley Fire and Rescue District, you advised he will be able to answer preliminary questions about fire lanes, hydrants, etc. 4. As we reviewed the Sensitive Lands portion of the Pre-Application dated October 19, Mr. Mark Roberts February 22, 1996 Page 2 1995, I asked if any current map shows our site as having hydric soils. We discovered that the map for this area has not been updated and I received a copy of a National Wetlands Inventory by US Department of Interior for Beaverton, Oregon dated August 1981, which ends a half mile west of our site. You advised that, yes, a wetlands investigation will be required as conducted by a Wetlands Biologist. Code Section 18.84 also indicates 100-year floodplain, natural drainways, wetland areas, slopes in excess of 25 percent, or unstable ground as criteria for a wetlands investigation. 5. In order to insure the accuracy and completeness of our Site Development Review Application on April 3, 1996 we scheduled an additional brief meeting at Tigard City Hall on March 12, 1996, Tuesday, at 9:00 AM to include yourself, Senior Staff, PERS representative, DAS representative, the Architect from Fletcher-Farr-Ayotte, my senior project manager, and myself from Milstead & Associates. Again, thank you for your help and time to ensure a successful project for PERS and the City of Tigard. Sincere /(12 IMOTHY Wm. DEEKS Project Manager Enclosures: PERS Project Scheudule Land Use Notification Process FFA PERS OFFICE BUILDING PRELIMINARY CRITICAL DATE SCHEDULE (Revised 2/19/96) 9 Far- 4 -r Awe Pt/>_ 14 February Execute Design Consultant Contract 22 February Complete Draft CM/GC Solicitation 22 February Advertise for GM/GC RFQ and RFP 2, 1 Elco soa n �)DTI�449n PA4 7 March CM\GC RFQ Submittals Due / Co/4c ?i DE514,J '+ Sirr pRo✓ 12 nt y�ct-I -p 1)1 Eel-to/T b 4124) C G Try spa�// P r+-E m. E y-n n fl n?-, 1=.F.P,.• 14 March Select CM/GC Finalists / 14 ti-D F G 413 o 41700 'net-4ay '21 ro/ t c}1 I g M gQ41 h►Oi FY GVn1Gc- 'F►NA�tTS 7 -2 MAF4d — t N >N t w C->"t/cam F1"�Rus 5 -L 13� ui►r�.r Sr-+tls,►'►4ri� 17�5/c,�! ��4GLNCY P 1Iw/sMnroak-.5 .q a. r�+£c.E,VIE Cm/4c. Metal c74 �-b 1 '-�F1 Q April Complete Schematic Design Documents 'Z. Pko ,, 2 y--2q 009P64 �' S 5 2 April Select CM/GC 1)17p\L_ Gobrn,r AFPI-►cAT►o,.1 Ta G►r, a{ Ti[„f►w�5 April Execute CM/GC Phase I Contract 29 April Complete Value Engineering Review • 5 May Complete Design Development Documents 17 May Complete Bid Package #1 Documents (Site Utility/Foundation) 23 May CM/GC Develops Preliminary GMP 23 May Develop Final GMP 31 May Complete Bid Package #2 (Structural Frame) FLETCHER•FARR•AYOTTE•PC ARCHITECTURE PLANNING INTERIORS 708 S.W.THIRD.SUITE 200 PORTLAND.OREGON 97204 TELEPHONE 503.222.1661 FAX 222.1701 PERS Office Building Schedule February 19, 1996 Page 2 7 June Receive Package #1 Bids (Site Utility/Foundation) 14 June Award Contract and Begin Construction Package #1 21 June Receive Package #2 Bids (Structural Frame) 21 June Complete Bid Package #3 (Completed Shell and Sitework) 12 July Complete Bid Package #4 (Tenant Improvements) 19 July Receive #3 Bids (Completed Shell and Sitework) 19 July Complete Construction Package #1 2 August Receive Package #4 Bids (Tenant Improvements) 20 September Complete Construction Package #2 20 December Complete Construction Package #3 28 February Complete Construction Package #4 1 April 1997 Final Clean-up and Begin Move-in 1:U 162961SCHEDULE\PAROI LAND USE NOTIFICATION PROCESS Preapplication meeting Applicant reviews proposal with staff Staff explains code requirements and notification requirements for the following applications: Comprehensive Plan Amendments Zone Changes Subdivisions Sensitive Lands Conditional Uses Site Development Review Applicant makes arrangements for neighborhood meeting Appl'icant's choice of date (using staff guidelines) Schedules facility Applicant prepares letter regarding meeting Briefly describes development, location and sets date, time and place for meeting: (Meeting date within 2 - 4 weeks of date letter sent). (Provide 2 weeks minimum notice) Applicant =ads letter of meeting Applicant gets list of affected property owners from available sources. Applicant gets list of C3T'contacts from city. Applicant prepares affidavit of maiing on form provided at preapplication meeting. Applicant posts site on same day letter of meeting is mailed. Must be posted at location viewable from a public-right-of-way. Sign shall state that site may be under consideration for a land use application and a phone number where the applicant can be reached for additional information. Applicant prepares affidavit of posting on form provided at preapplication meeting. Meeting Held -Applicant presents proposal, including city requirements, answers questions. Makes note of names and addresses of individuals who weak and their comments. Applicant modifies proposal if desired. Applicant submits proposal to city for review including: A copy of letter sent regarding meeting with a mailing list and a ffidavit of mailing. A copy of the sign-up sheet(s) from meeting(s) held with interested dtizens cn the proposal. 7 NM.C:7'■C 10/13/95 11 :01 73503 223 2869 OREGON PERS 1001 • - Post-it"Fax Note 7671 'Date/6_13_Fs Jpagesi ,a _, To 5 r" Hraryx From j�, Yip✓ &dey Co./Dept./ f Y Oc �- �,�+-cry y C order N0: 144665 1 C M' Phone# S. Phone# X A018-60,3 LEGAL DESCR Fax# 6g'i—7x9 7 Fax# AA 3-�g69 A parcel of land situated in the Southeast one-quarter, Section 36, Township 1 South, Range 1 West, Willamette Meridian. City of Tigard, County of Washington and State of Oregon, said parcel being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Deed Recorded January 29, 1962, in Book 456, Page 433, Deed Records for Washington County, Oregon, said parcel being more particularly described as follows: Commencing at a brass cap monument marking the East one-quarter corner of Section 36. Township 1 South, Range 1 West, Willamette Meridian; thence South 01°31' 36" West along the East line of said Section 205.82 feet to it's intersection with the Westerly right of way line of Interstate 5, said point bears South 25°22'42" West 67.01 feet from a point 160.00 feet right of Engineers Centerline Station 28+00 P.O.C. ; thence along said right of way line South 25°22'42" West 562.74 feet to a point 195 .00 feet right of Engineers Centerline Station 34+00 P.O.S. ; thence continuing along said Westerly right of way line South 06°19'27" West 13.50 feet to the true point of beginning of the hereinafter described parcel of land: thence leaving said line North 84°27' 53" West 314.61 feet; thence South 50°32' 07" West 113 .50 feet to a point in the Easterly right of way line of Southwest 68th Parkway, a dedicated street 60.00 feet wide: thence along said line along the are of a non-tangent 339.50 foot radius curve right 419.05 feet through a central angle of 66°47' 2" (the chord bears South 00°35' 19" 395.73 feet) to a point of reverse curvature; thence along the arc of said curve 11.03 feet through a central angle of 02°27'54" (the long chord bears South 32°44' 58" West 11 .03 feet) to a point of compound curvature; thence alone the arc of a 47.00 foot radius curve left 101 .37 feet through a central angle of 123°35'45" (the long chord bears South 30°16'21 East 82.83 feet) to a point of tangency, said point being in the North line of Southwest Haines Street, variable in width; thence along said North line North 87°56' 16" East 57.77 feet to a point 30.00 feet Northerly of (when measured at right angles) "H" line as established by the Oregon Department of Transportation; thence South 8'7°48'53" East parallel to said line 51.85 feet to it's intersection with 209.15 foot radius non-tangent curve right; thence along the arc of said curve 166 .64 feet through a central angle of 45°39'05" (the long chord bears North 73°26' 36" East 162.27 feet) ; thence tangent to said curve South 83°43'48" East 51.35 feet to a point in the Westerly line of Interstate 5. as established by the Oregon Department of Transportation, said point bears North 06°19'27" West 44.17 feet from a point 150.00 feet right of Engineers Centerline Station 39+00 P.O.S. ; thence along said right of way line North 06°19'27" East 480.51 feet to the point of beginning_ Pik •{� cC4L�0r k''61`) ��tst d s� o- Omgon err" W` art riff air PUBLIC EMPLOYES , �� [� RETIREMEN-T SYSTEM `( _14 el r dear tfrr- David Bailey 200 S.W.Market Street,Suite 700 Fi- s Depute Ihrectrrr PO.Box73 1 n� tier. Portland,Oregon 97207-0073 U r SO R (503)229-5643 L 9, ,�y l.i,�t. Cae`:40 tArcci' PF-TA.40\-c_ -69r,6KessT Ozr-t-h-Arcs07 Th 10/13/95 11:02 e503 223 2869 OREGON PERS a 002 �( SW E�•M •OD r S - b4 ,1 � .W A FRED •RpfRS T .� tuft + IP! h M.1 K ' ^n BARBARA IN , .1 6�f0 ND DR a (:f;14, •, . uniy ST �r ..h ,�.,.fi w x y O,P . D11:, b •,µ Vi Pork 0 iiii '! � y ` _ _ , PER TT R . OAP_ _� �� ST ' "4,,,, "*3ya 1•W-• • • 1 y - r �' METZG ' � P o • ml ° l•-1.. DIi SON 9 LOCUS < > ST = . i < DR MAPLE '4 ® AF ST 4 r I 1, •NA ST ippip LEAF • KWAY w < E liti- ® 3 SW • K ST t.. o ti OAK ST 1 � ^ < 17 Ze; 42 /• _U' HWY • • SW ® `o`fl 3 B DO Creek > 3 3 NIX ; 'f: _I. ° i I 3 N a ,•,r SW • SPRUCE S ��> S W •., > vs vz .., S.t. a �f• SW �1 FFORN. T •RN 1 ..- < r "" 4 ,....,,,__,.._, c �� a7 O N : n n I ,y j -,�" tf D d1 ,-i'-•..,.. 4'• 5 { k1• 2 ' 4 '..SWI A i. .rte, , _ *LANTA I` .SAY 1 <1?.ri-y$ re ;S"s 'C'i9,'•Q } }. 'fib r•' S- �• C 'y.. `- /._... • N 1:'Ji.'va, Ti[°} f .: ON 175 CT VI V vI ^- :y �+�I�"•/• •}s ,�T ti.3 fb r� ER `i,.riy!Y S.,,0. km cl- • i • W711.1 uI — , 40 -‘r1 Illt to 4 .. 1. 4 c'-•,d _ _ ,. _.., ,...• 4", -4 110 N ,® � �� • 3 y-,� x a .'n°. z M U LT N O M w .,'O .� <ff s ,, ,R� IR S • UTHWOOD ♦ O,r PL ELM. ��� P ,ti K"� -' < < PARK o �� 1 ,�+$r% -s� P� j19''. . ' to '� sw.r1 ,� ca_ •,ucce +IEZ � La 1 :-` ^ L`* rO yK\ �_, r S r a '�.;.', • 1 61ST DR w'' l7 , .. �� '� 2 S'• WOO 6 ST OO 8 1 s�' • G'F �� i'� GnNZAGA ri I .� ti ,• a ft ulAF4 1i � y Le ( ham aka:[,y � I h—3 _—_— L. I I BALL `�. 'In. I ., 4? \ r r:b3��#4 'M� z. PAMELA ST-1 a °� ' " ' - CRESTVI '4\1., "a v MELROS N a.t�`,d"1,,",t`a�b. •. Q rte, sr� c., <i'A•g = , �'' t� �• ,i ,f . -' O g ;, R AY° ,ti?. ��� .. .' as VA R N S\ 4 CO C ELS A n SW FIRST O �Fp C4 "....t. C,<••IERRY ST °G • G f , El �"C1 . SW �� ; 1 0 PARK 440r; ' 1.., X - illipr OS D 87TH 1,--...v' t, I , 4. s ¢ KRUSE ■ '_ iROSE t7 r ;,', GREEN —:,.._AN DMAR� >; SW 1•• spa �" . �Q EifrS ;-7 J, . i, t. KR 5E 0 y� W. , 1 , S. BONITA RD " eq' x; +� t S u > �ly $.%\.41,10,4t- { +•,A ,W. % ,, 1• }441 tit ¢+ ,y ,6 '40-'414,t'' ,,.y�F: ,dpi*. a td'1 iS�tI'�1iCt�yth"^,9�It1��[4 F ,� y+ F r M#.. _. � 1 ta4 ,�,•,y,• b el ti •'' �'''1:�"+ r pp� w'4., z+4 i x �'` KIMBALL CT ,.,4. q, � 11 ii,:,.. IF 1i 'k• ,ie = k�Lr'n r`+ �fr:'� .y,sr:.Xy1.4. P.r' ` -fi.., .,‘„:..-,,,:19,:!:7. ` .•.. n••w••• LT -N 10/13/95 11:07 $503 223 2869 OREGON PERS _ Z003 Order No: 144665 SPECIAL EXCEPTIONS (Continued) 20. Covenants, conditions, restrictions and easements, but omitting restrictions, if any. based an race, color, religion, sex, handicap, familial status or national origin. unless and only to the extent that said covenant, (a) is exempt under Chapter 42. Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded: NOVEMBER 23, 1988 Recorder' s Fee No 88-52298 Said restrictions contain provisions for the payment of construction and maintenance costs. 21. An easement created by instrument, including the terms and provisions thereof, Dated: AUGUST 18, 1989 Recorded: AUGUST 25, 1989 Recorder' s Fee No. : 89-39637 For: Ingress, egress and underground utility Affects: Northerly portion 22 . An easement created by instrument, including the terms and provisions thereof, Dated: AUGUST 19, 1989 Recorded: SEPTEMBER 19, 1989 Recorder' s Fee No. : 89-44579 In Favor Of: ADJACENT PROPERTY OWNERS For: Ingress, egress and underground utility • Affects: Northerly portion 23. The terms and provisions of the Ted L_ Millar Living Trust Agreement dated January 31, 1990. This company will require a copy of the trust instrument creating the trust and all amendments thereto, together with a written verification by all trustees chat the copy of the trust is a true and correct copy of the trust, as it may have been amended, that it is in full force and ' effect and that it has not been revoked or terminated_ NOTE: This report is subject to any amendments which might occur when the names of prospective purchasers are submitted to us for examination. NOTE: Taxes for the fiscal year 1994-95, paid in full. Amount: $12,191.56 Levy Code: 023-81 Account No. : R284604 ✓ Map No. : 1S136DA i/ Tax Lot No_ : 00101 ✓ NOTE: Any transfer of the herein described property is subject to the payment of Washington County Transfer Tax at the rate of $1.00 per $1, 000. 00 or fraction thereof of stated consideration_ (Continued) F A X T R A N S M I T T A L NOT I C E TO: Karen Backlund DATE: December 6, 1995 CO./DEPT. Administrative Services FAX #: 373-7210 FROM: Greg Berry PHONE #: 639-4171 CO. : City of Tigard FAX #: 684-7297 SUBJECT: Nov 19 Preapplication Conference for 11308 SW 68th Parkway Message: This parcel is subject to a joint access agreement with the parcel to the north recorded at 89-39637. Please submit a copy with your application. PAGE 1 OF dj/FAX ADDITIONAL DOCUMENTS SSE q 169 January 11 , 1996 Karen Backlund, Property Manager Facilities Division 1225 Ferry Street SE Salem, OR 97310 Dear Ms. Backlund: This is in response to your notice regarding the location of the Pubic Employee Retirement System Agency in Tigard at the corner of SW Haines Street and SW 68th Parkway. Please be advised that the City of Tigard welcome's and looks forward to the PERS headquarters office in Tigard. The property is zoned appropriately. We will be happy to work with your division on the development review application process. If you have any questions, you can reach me at 503-639-4171. Sincerely, James N.P. Hendryx Community Development Director is\log in\cu rpin\dick\persmemo ��� ! - -• • ...a . aVS I Vt... I PITCH INLET $E2IlN. �o '" _.- �. < 4 /�/ b NOT TO SCALE M. III 28Io ® I.E. z � �7 , , \ E ::Z8O :z:Z. , -\"1,41,' / . t I.E. Z 80.0 , l.\ / �• . 0. ROD i;. /-) // le/ c\�'.•O• SO 4 9O @INSTAL INSTA 42 /40k7 f(°Gu @I % MIN. ' • �" 0; •• 11 EXIST: �� /' / \ • ••• 12 EXIST: IO'G� I. I!0°7o $ / eg'• iv, SEE DETAIL I I • \ti/ / 117 504 13 REMOV_ K1 I.E. 27°J.03 ,�� S•5' MH • BLIND _dI /-4��PUMPEQ Tilh�1 i8.- _� / LIIUE / .�/ ( ' ©4 NEW 12 Cr / / �// Jae.. ( I:` 7 ':7,.* . \�\ r. I -, � 15"02.(32....34 �� i-� ��- •/ r2'1"� . �, '�� I.E. 2.."• — 15 4" P.ti.ase .0 Z • \ 1� N\ ` 16 FIRE • .�.:................ .... F.. .:� .......•.. k � ...afld:. \ r 1 �� . �� / 17 DIAMET 277.80 7 � � �� �� �• , '� O DIAMET••• � . / �. L_ C.13. �—' Ay'WV►EN't`. + ' (�'h /; / 19 3" DOM= 21 M 2 So. v C.B. ! .r ,") I.E. 278. !00 , / 20 8" D.I. RIM 2 8(0. I . ,;: Q F aluI STIC T R::. *J! // / 12.."�' r�.4 I �/o I.E. Z8 4. I [ �} R?✓(tr BA KFLO n to @ 23.88 % o DEtv1f, :: +♦ I _ / / i P 1 0 Ql. .I • -1' .• /\ / O► RELOCATE EX I STI NI4 HYD cQ , / / TO -11. S LOCATION ■ t / V / NOTES: s.s. MH I / �• RIM 280.0 Cj' � h� 1. ALL STORM DRAIN SIZES SHOWN ASSUME CONCRETE PIPE. S I.E. 2(09. 33 \/ INDICATE ALTERNATE PVC PIPE SIZE. • 1 h Alk ;U ,�'� 2. COORDINATE LOCATION OF LANDSCAPE IRRIGATION TEE WITH� / - 3. PROVIDE STORM CLEANOUTS AS REQUIRED BY UNIFORM Pi TIGARD. / u3 / / :cal Z JUN 05 '96 09:23AM VLMK ENGINEERS P.1/12 r CIVIL CALCULATIONS for PERS HEADQUARTERS Tigard, Oregon for Oregon Dept. of Admin. Services 1225 Ferry St. SE Salem, Oregon 97310 ���EO I?R OFFS LNG,. t•:e9 r le? y 14.392 qr 1 4 of ?`�4 = 111 0 mF�' r3a. ��r- S4RAH EiCS RE-512%31-9 P Post-It'brand tax transmittal memo 7671 I#of pages. 2_ To B{RI A1J �J L _From t N Mcf"�tLLA Co. R ITY OF "Ti GA O co. V LF-1 Dept. Phone# 2-2-2-4453 Faau Lat4- /2 q7 ,Fa # 24tCD 92403 , , I A C M Project No. 9(0 oil 5 Designed by I KSM - Dale 5- 3 `94D .Checked by ,Dale z 4 Project Name FERS l I Page / of m ui DESIGN ' DESIGN CALCULATIONS DESIGN INVERT m SECTION I EQUIV. TOTAL RUNOFF VE>_dC. ELEVATIONS i INCR. TOTAL INTEN• INCR. RUNOFF csa AREA, IFlCR. EgU1V, fIUPlOFF SLORE OtA. CCITY VELOC. �� @ LENGTH r M.N.70 MN. TEME T1ME SITY COEFF. AREA AREA CAPAC, O+Or tip OR ' UPPER LOWER ry ST.TO ST. T Ti f A I C CA T CA Q 5 d Ot Vi Q qr V 3 minutes minutes Infir. ocros' watt acres acres cts • % Ind,es cL Ips retlo tps Teel - C r- CBG02. 5,0 5o3�1 . Z 0.9 , Z�j , 23 .78 5,9 Ca 1 . e) 8.5 , Iq2 9' 3.5 32217 3 M Z Y.. -.• ^0,4 6,i} 3,33 • Z5 .Z3 , q(0 1 .53 5,6 Co I , P) 10 ,0 103 ,322.i7 31c0• 1 z 'cl,4 0, 2 5,(a 3, 2.9 . Z6 -, Z5 . 71 2, 4 zl. o' 440 .5, 04 I70 61) I , 311D, 0303,19 0 C04�5s 0. I 5.1 3.2_1 . 001 . 05 , . 74 2,46 ' 1,6 6 i3.o 14ro 12. 303,11 301,93 co c61 - • 5,'7 3,2? ,05 , 65 , P) ( 2,c05 . 1,2 .8 5, 0 14,0 75 56115 2.94,58 i PoND O. I • 5,S ?),2.4 , 24 . 22. 1.63 3,3Co 61,a 8 5, 0 1'4,5 , 15 299.5& 293.0' al 0 m .N i J G) -2. 5,0 5,0 3,4 , I (; . 10 . 1 0 0. 34 10,0 Cs 2,3 , 8 .5 21 "3 �)2,0 �1o, 7 z T7 We/I 0 2 7-3 0,z 5,9 3,33 , Z7 . , 24 i ' 51 1 , 13 N), 8 Co 2, 4 4 q , 1 45 310.7 ,30N , -1cp 3 0b4 D, 1 5,5 3:61 . 39 . . 5 • Lo`i 2,28 10•b ti) Z, 4 9, 1 303__0 .7 ce.c. o52 0,1 (v 3.29 , C6 . 05 . 71 2.4 3 e 2 4.0 3. - L ,3 (off 2gc71.2.90, PoPJD 0. 1 5.-7 317 • 2.41 i2.2 . 9(-0 3,14 4,0 5 . 2.- 61,0 16° 2914,g1 Z93.o Iv JUN 05 '96 09:24AM VLMK ENGINEERS P.3/12 VLMK Cc ulting Engineers ' ; 3933 SW KELLY AVE./PORTLAND, OR 972014393 cip a .......___ (503) 222-4453/ FAX 248-9263 Job No. BY KS?4 Dote 4. 1 L .960 Sheer No.. WATEJS cPUll4(,1"� (MQE�VioU l4FC� UL-DG 20, L .;9040 sc PAVINC4 Co Z, I21 SZ1 ell sf 1 .9 . E-XTENDED DRy DET IoN Po,,iD VOL.LIHS = Csi, 811 s-)(.o ft) = 2485 cc (Q,a = 0.78 (SE, PRINrroLIT) PotAT = 2485 cf = O. 0144 c..-Fs 172, E 5 STORM Ru�OFf day = • 1 q cfs UiJDE VEWPPD (566- PR1AuTouT) 07_5 • (08 c.T5 DEV.EC.oPED (56E ?RIArrour) DETEAM0nJ VOC.uM E = 75S cF (SEE PRINTOUT) 01Zi iC = 5.6" DETO■frioi-1 /61.-ra.IDED DRY P w WATER &UJ L N 2485 ci DETEAfrIOIJ 758 REOD 32.4-3 cf _LEV Agsk VOLUME 295 (0 70 sf goo c,f 294 113o 130 295 lcp3o 295.(40 /079 2q(r 2,188 . 3359 cf ' 3Z�3 JUN 05 '96 09:24AM VLMK ENGINEERS r GR P.4i12 WATER ODURCIll SPECIFY STORM OPTION: 1 S.C. S . TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , DURATION (HOUR) , PRECIP(INCHES) 1,4, .36 ******************** S . C. S. TYPE-1A DISTRIBUTION ******************** ********* 1-YEAR 4-HOUR STORM **** .36" TOTAL PRECIP_ ********* ENTER: A(PERV) , CN (PERV) , A(IMPERV) , CN(IMPERV) , TC FOR BASIN NO. 1 0, 90, 1. 9, 99, 1 DATA PRINT-OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN 1 . 9 . 0 96 . 8 1 . 9 99 . 8 1. 0 IPEAK-Q (CFS)J t T-PEAK(HRS) VOL(CU-FT) . 78 . 77 1318 ENTER [4:1: ] [path] filename [ .ext] FOR STORAGE OF COMPUTED HYDROGRAPH: JUN 05 '96 09:24AM VLMK ENGINEERS P.5/12 SPECIFY: C - CONTINUE, N - ,.JEWSTORM, P - PRINT, S - S'11/4..2 P . HYDROGRAPH DATA PRINT-OUT: T(HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q(CFS) T (HRS) Q (CFS) . 00 .00 1. 07 . 19 2 .13 . 10 3 . 20 . 00 . 03 . 00 1 . 10 . 17 2 .17 .10 3 . 23 . 00 . 07 . 00 1 . 13 .18 2 .20 .10 3 . 27 . 00 . 10 . 01 1 . 17 .18 2 .23 .10 3 . 30 . 00 .13 . 02 1 . 20 .18 2 .27 . 10 3 .33 .00 . 17 . 03 1 .23 .18 2 .30 . 10 3 . 37 . 00 .20 . 05 1 . 27 .16 2 .33 . 10 3 .40 . 00 .23 . 06 1 .30 .14 2 .37 . 10 3 .43 . 00 .27 . 07 1 .33 . 14 2 .40 . 05 3 .47 . 00 . 30 . 09 1 . 37 . 14 2 .43 . 00 3 . 50 .00 .33 . 10 1 . 40 _14 2 .47 . 00 3 . 53 . 00 .37 . 11 1. 43 .14 2 .50 , 00 3 .57 . 00 .40 . 13 1 .47 .13 2 . 53 . 00 3 . 60 .00 .43 .13 1 . 50 .12 2 . 57 . 00 3 . 63 . 00 .47 .15 1 . 53 .12 2 .60 . 00 3 . 67 . 00 . 50 . 17 1 . 57 . 12 2 .63 . 00 3 . 70 . 00 . 53 . 17 1 . 60 _12 2 .67 . 00 3 .73 . 00 . 57 . 19 1. 63 . 12 2 .70 . 00 .33 . 10 1 .40 . 14 2 .47 .00 3 . 53 . 00 .37 . 11 1 .43 . 14 2 .50 . 00 3 . 57 . 00 .40 . 13 1 .47 . 13 2 .53 . 00 3 . 60 . 00 .43 . 13 1 .50 .12 2 .57 . 00 3 . 63 . 00 .47 . 15 1 .53 .12 2 . 60 . 00 3 . 67 . 00 .50 . 17 1 .57 .12 2 . 63 . 00 3 . 70 .00 . 53 . 17 1 . 60 . 12 2 .67 .00 3 .73 . 00 . 57 . 19 1. 63 . 12 2 .70 . 00 3 . 77 . 00 . 60 . 21 1. 67 .11 2 .73 . 00 3 .80 . 00 . 63 . 21 1. 70 .10 2 . 77 . 00 3 . 83 .00 . 67 . 26 1 .73 .10 2 . 80 . 00 3 .87 . 00 .70 . 33 1 .77 .10 2 . 83 . 00 3 . 90 . 00 .73 .48 1 . 80 . 10 2 . 87 . 00 3 . 93 . 00 .77 . 78 1. 83 . 10 2 .90 . 00 3 . 97 . 00 . 80 . 67 1. 87 . 10 2 .93 _ 00 4 .00 . 00 . 83 .35 1 . 90 _10 2 .97 . 00 4 .03 . 00 . 87 . 27 1 .93 .10 3 .00 . 00 4 . 07 .00 . 90 . 21 1. 97 .10 3 . 03 . 00 4 . 10 .00 . 93 .21 2 . 00 .10 3 . 07 . 00 4 . 13 . 00 . 97 . 21 2 . 03 . 10 3 .10 . 00 4 . 17 . 00 1 . 00 . 21 2 . 07 .10 3 .13 . 00 4 .20 .00 1 . 03 . 21 2 .10 .10 3 . 17 . 00 4 .23 . 00 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP JUN 05 '96 09:25AM VLMK ENGINEERS I.P.l12 SPECIFY STORM OPTION: 25 `ilk U NDEV 1 S.C.S. TYPE--1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , )URATION(HOUR) , PRECIP (INCHES) . 25 , 24, 3 .4 ******************** S .C .S . TYPE-1A DISTRIBUTION ******************** ********* 25-YEAR 24-HOUR STORM **** 3 . 40° TOTAL PRECIP . ********* ENTER: A(PERV) , CN (PERV) , A(IMPERV) , CN(IMPERV) , TC FOR BASIN NO. 1 1. 9, 90, 0, 98, 7 DATA PRINT-OUT: AREA(ACRES) . PERVIOUS IMPERVIOUS TC (MINUTES) A CN A CN 1 . 9 90 . 0 . 0 98 . 0 7 . 0 1 . 9 ' PEAK-Q (CFS) T-PEAK(HRS) VOL(CU-FT) 1 . 19 7 . 83 16237 ENTER [d.:] (Path] f ilename [ .ext) FOR STORAGE OF COMPUTED HYDROGRAPH: C:\96045C.STS T (HRS) Q (CFS) T (HRS) Q (CFS) T(HRS) Q (CFS) T(HRS) Q (CFS) . 23 19 . 00 .14 12 . 67 . .00 . 00 6 .33 . 21 .14 . 17 . 00 6 . 50 . 22 12 .83 .20 19 .17 .14 .20 19 . 33 . 33 . 00 6 . 67 .26 13 .00 13 .17 .20 19 . 50 .14 .50 . 00 6 . 83 .31 19 . 67 .14 . 67 . 00 7 . 00 .33 13 .33 .20 19 . 83 .14. 39 13 .50 .20 . 80 3 . 00 7 . 33 .46 13 .67 . 20 20 . 00 .14 1. 17 . 00 7 .33 13 . 83 . 1 . 17 . 00 7 . 50 .20 20 .17 .14. 67 . 00 7 . 67 1. 16 14 .00 .20 20 .33 .14 1. 53 7 . 83 1 .19 14 .17 .20 20 . 50 . 14 1 . 67 . 00 8 . 00 . 77 1. 67 . 00 14 .33 .20 20 .67 .14 .14 . 83 1. 83 . 00 8 . 17 . 54 14 .50 2.20 200 . 83 . 14 8 . 33 .44 14 .67 2 . 00 . 00 2 . 17 . 00 8 . 50 .43 14 .83 . 18 21 .17 .14 . 37 15 . 00 . 18 21 .33 .1 4 2 .33 . 00 8 . 67 2 . 50 . 00 8 . 83 .30 15 .17 .18 21 . 50 .14 9 . 00 .29 15 .33 . 18 21 .67 . 14 2 . 67 . 01 2 . 83 . 01 9 . 17 .29 15 .50 . 18 21 . 83 .14 22 . 00 .14 9 . 33 .29 15 .67 .18 3 . 00 . 02 9 . 50 .29 15.83 .18 22 . 17 . 15 3 . 17 9 . 67 . 03 29 16 .00 . 18 22 .33 •1 3 . 50 . 03 . 29 16 .17 .18 22 .50 3 . 50 . 04 9 . 83 9 . 00 .29 15 .33 .18 21 . 67 .14 2 . 67 . 01 . 9 . 17 .29. 21 . 83 . 14 2 . 83 . 01 9 3 . 00 . 02 9 .33 •29 15. 67 .18 22 . 00 .14 22 .17 .15 3 . 17 . 03 9 . 50 .29 16 . 00 . 18 22 .33 . 15.29 3 . 50 . 04 4 9 .83 3 . 3 . 03 9 . 67 .29 16 .17 . 18 22 . 50 .15 3 . 67 . 05 10 . 00 _ 29 16 . 33 - 18 22 . 67 .15 . 15 3 . 83 . 06 10 . 17 • 29 16 . 67 . 16 23 . 00 .15 4 . 00 . 07 10 .33 .29 . 08 10 .50 .29 16. 83 . 15 23 . 17 .15 4 .17 .27 17.00 .14 23 .33 .15 4 . 33 . 09 10 .67 JUN 05 '96 09:25AM VLMK ENGINEERS 1�, 23 .50 .15 .25 17 .17 23 .50 . 15 4 . 67 . 11 11. 00 . 24 17 . 33 . 2 .15 . 11 11 .00 17 . 50 .1,1 23 . 83 . 09 4 .67 . 12 11 .17 .24 . 14 24 . 00 5. 03 .24 17 . 67 . 14 24 .00 . 01 5 .17 . 14 11 . 33 .24 17 . 83 . 00 . 14 11 .50 18 . 00 . 14 24 .33 . Q0 5 . 17 . 14 11 . 67 . 25 . 14 24 .50 5 . 33 .25 18 .17 .14 24 . 60 . 00 5 . 67 . 17 11. 83 .25 18 .33 . 00 .17 12 . 00 18 . 50 .14 24 . 83 . 00 5 . 67 . 19 12 . 17 .25 .14 25 . 00 5 . 03 .25 18 . 67 .14 25 .00 . 00 6 . 17 .20 12 . 33 .25 18 . 83 6 . 17 . 20 12 . 50 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP • JUN 05 '96 09:25AM VLMK ENGINEERS VW1211 SPECIFY STORM OPTION: 25 0 - DE va. 1 S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , DURATION(HOUR) , PRECIP(INCHES) 25, 24, 3 .4 ******************** S . C. S . TYPE-1A DISTRIBUTION ******************** ********* 25-YEAR 24-HOUR STORM **** 3 .40" TOTAL PRECIP. ********* ENTER: A(PERV) , CN (PERV) , A (IMPERV) , CN(IMPERV) , TC FOR BASIN NO. 1 0, 90, 1 . 9, 98 , 5 DATA PRINT-OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC(MINUTES) A CN A CN 1 . 9 . 0 90 . 0 1. 9 98 . 0 5 . 0 PEAK-Q (CFS) T-PEAK(HRS) VQL (CU-FT) 1 . 68 7 . 67 21841 ENTER [(I: 1 [path] f i 1 ename [ .ext] FOR STORAGE OF COMPUTED HYDROGRAPH: c: \96045b. sts JUN 05 '96 09:26PM VLMK ENGINEERS P.9/12 HYDROGR.APH DATA PRINT-OUT: T(HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) . 00 . 00 6 . 33 .35 12 . 67 . 25 19 . 00 . 16 . 17 . 00 6 . 50 . 36 12 . 83 .22 19 . 17 . 16 . 33 . 00 6 .67 .43 13 . 00 . 22 19 . 33 .16 . 50 . 00 6 . 83 . 50 13 . 17 . 22 19 . 50 . 16 . 67 . 02 7 . 00 . 51 13 .33 . 22 19 . 67 .16 . 83 . 03 7 . 17 . 59 13 . 50 .22 19 . 83 .16 1 . 00 . 05 7 .33 . 68 13 . 67 .22 20 . 00 . 16 1 . 17 . 06 7 . 50 . 99 13 . 83 . 22 20 .17 .16 1. 33 . 07 7. 67 1 . 68 14 . 00 . 22 20 .33 . 16 1 . 50 . 08 7 . 83 1 . 55 14 . 17 . 22 20 . 50 .16 1 . 67 . 09 8 . 00 . 87 14 . 33 .22 20 . 67 . 16 1. 83 . 11 8 . 17 . 61 14 . 50 .22 20 . 83 .16 2 . 00 . 12 8 . 33 . 52 14 . 67 .21 21 . 00 . 16 2 .17 .13 8 . 50 . 52 14 . 83 . 19 21 . 17 . 16 2 .33 . 13 8 . 67 .43 15 . 00 . 19 21 . 33 .16 2 . 50 . 14 8 . 83 .34 15 . 17 . 19 21 . 50 .16 2 . 67 . 16 9 . 00 .34 15 .33 .19 21 . 67 .16 2 . 83 . 18 9 . 17 . 34 15 .50 . 19 21 . 83 .16 3 . 00 . 18 9 . 33 .34 15 . 67 . 19 22 . 00 .16 3 . 17 . 19 9 .50 .34 15 . 83 . 19 22 .17 2 .67 . 16 9 . 00 . 34 15 .33 .19 21 . 67 . 16 2 . 83 . 18 9 . 17 . 34 15 .50 . 19 21 . 83 . 16 ' 3 . 00 . 18 9 . 33 .34 15 . 67 . 19 22 . 00 .16 3 .17 . 19 9 . 50 . 34 15 .83 . 19 22 . 17 . 16 3 .33 . 19 9 . 67 . 34 16 .00 . 19 22 .33 .16 3 . 50 . 20 9 . 83 . 34 16 . 17 . 19 22 . 50 . 16 3 . 67 . 22 10 . 00 . 34 16 .33 .19 22 . 67 .16 3 . 83 .24 10 . 17 .34 16 .50 . 19 22 . 83 . 16 4 . 00 . 24 10 . 33 . 34 16 .67 . 18 23 . 00 . 16 4 .17 .24 10 . 50 . 34 16 . 83 .16 23 . 17 .16 4 .33 .24 10 . 67 .31 17.00 . 16 23 .33 .16 4 . 50 . 25 10 . 83 . 28 17 .17 . 16 23 . 50 . 16 4 . 67 . 27 11 . 00 .28 17 .33 . 16 23 . 67 . 16 4 . 83 . 29 11 .17 .28 17 . 50 . 16 23 . 83 . 16 5 . 00 . 29 11 . 33 .28 17 . 67 . 16 24 . 00 . 08 5 . 17 .30 11. 50 . 28 17 . 83 . 16 24 . 17 . 00 5 .33 . 30 11 . 67 .28 18 .00 . 16 24 . 33 . 00 5 . 50 .30 11 . 83 . 28 18 .17 .16 24 . 50 . 00 5 . 67 _33 12 . 00 . 28 18 .33 . 16 24 . 67 .00 5 . 83 . 35 12 .17 . 28 18 . 50 . 16 24 . 83 .00 6 . 00 .35 12 . 33 . 28 18 . 67 . 16 25 . 00 . 00 6 . 17 . 35 12 . 50 .28 18 . 83 . 16 25 . 17 . 00 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP • JUN 05 '96 09:26AM VLMK ENGINEERS rt Bi12 SPECIFY: R - REVIEW/REVISL INPUT, C - CONTINUE DETeiti i ohV R ZSyR (DEV- UND.V SUMMARY OF INPUT ITEMS 1) TYPE OF FACILITY: POND (4 . 0 : 1 SIDE SLOPES) 2) STORAGE DEPTH (f t) : 2 . 00 3) VERTICAL PERMEABILITY (min/in) : . 00 4) PRIMARY DESIGN HYDROGRAPH FILENAME: C:\96045B.STS 5) PRIMARY RELEASE RATE (cf s) : 1 .19 6) NUMBER OF TEST HYDROGRAPHS : 0 7) NUMBER-OF-ORIFICES, RISER-HEAD (ft) , RISER-DIAM(in) : 1, 2 . 00, 12 8) ITERATION DISPLAY: YES ENTER ITEM NUMBER TO BE REVISED (ENTER ZERO IF NO REVISIONS ARE REQUIRED) : 0 INITIAL STORAGE VALUE FOR ITERATION PURPOSES: 8520 CU-FT SINGLE ORIFICE RESTRICTOR: DIA= 5 .57" ITERATION COMPUTATION BEGINS . . . TRIAL BOTTOM-AREA STOR-AVAIL STOR-USED PK-STAGE PK-OUTFLOW 1 3212 . 8 8519 2584 . 72 . 71 2 1942 . 8 5552 2122 . 92 . 81 3 1236 . 5 3837 1791 1. 12 . 89 4 832 . 3 2814 1541 1.30 . 96 5 591 . 2 2178 1354 1 .45 1 . 01 6 441 . 3 1766 1214 1. 57 1. 05 7 344 . 8 1490 1108 1. 66 1 . 08 8 280 . 2 1299 1028 1 . 74 1 . 11 9 235 . 9 1163 967 1. 80 1 . 13 10 204 . 7 1065 920 1 . 84 1.14 11 182 . 1 992 884 1 . 87 1 .15 12 165 . 6 938 856 1 . 90 1 . 16 13 153 . 3 897 834 1 . 92 1 .17 14 144 . 1 866 818 1 . 94 1 . 17 15 137 . 1 842 805 1.95 1 . 17 16 131 . 8 823 795 1 . 96 1 .18 14 144 . 1 866 818 1. 94 1 . 17 15 137 . 1 842 805 1 . 95 1. 17 16 131 . 8 823 795 1 . 96 1 .18 17 127 . 7 809 787 1. 97 1 . 18 18 124 . 5 798 781 1 . 98 1 . 18 19 122 . 1 789 776 1. 98 1. 18 20 120 . 2 783 772 1 . 98 1 .19 21 118 . 7 777 769 1. 99 1 . 19 22 117 . 5 773 766 1 . 99 1 . 19 23 116 . 6 770 764 1 . 99 1 . 19 24 115 . 8 767 763 1. 99 1 . 19 JUN 05 '96 09:26RM VLMK ENGINEERS P. 11/12 25 115 .2 765 762 2 . 0( 1 . 19 26 114 . 8 763 761 2 .00 1. 19 27 114 .4 762 760 2 . 00 1 . 19 28 114 . 1 761 759 2 . 00 1. 19 29 113 . 9 760 759 2 . 00 1 .19 30 113 . 7 760 759 2 . 00 1 . 19 31 113 . 6 759 758 2 . 00 1 .19 32 113 .5 759 758 2 . 00 1 . 19 PERFORMANCE : INFLOW TARGET-OUTFLOW ACTUAL-OUTFLOW PK-STAGE STORAGE DESIGN HYD: 1. 68 1 . 19 1.19 2 . 00 758 SPECIFY: D - DOCUMENT, R - REVISE, A - ADJUST ORIF, E - ENLARGE, S - STOP JUN 05 '96 09:27AM VLMK ENGINEERS P.12/12 ORIFICE DIAMETER WORKSHEET Project Name : P&Rs City File Number: Computed By: K54 Date: 51 ` -9 (/ PROVIDE SKETCH BELOW OF OUTLET STRUCTURE h= 2 Co 55. - 292-4 3.2 295.Co pm/ 293.0 1 Orifice Formula : 0 = CA ( 2gh) • 5 Given: C = 0. 61 g = 32. 2 Design Q = .014 c. f.s. h = 9).2„ feet of head Solve for A: A Q / [ C ( 2gh) • 51 A = •014 / [ 0. 61 ( 2 x 32. 2 x 3 .2. ) • 5] ( c. f . s . ) (head ) A = . 001lp sq. ft. (orifice area) Solve for D: A = pi . ( R) 2 R = (A / pi . ) • 5 = ( • 00I(P / 3. 14) • 5 = .02Z4 ft. (area ) D = 2 x R x 12 a .5 inches _3_ FFA July 5, 1996 Mark Roberts City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Subject: PERS Headquarters Building SDR 96-0010 Dear Mark: Following is an item-by-item response to the conditions of approval listed in SDR 96-0010 decision dated June 6, 1996. Public Works Comments ; ,� fo Q ves - (� , S g W "! Contact: Brian Rager ✓'a�e -I- `/IA)a"ded ; 14.4 min v u 74, e o 1214 1. Storm drainage across site and walk at S. . Haines. VLMK to prepare design in accordance with City requirements. 2. Approval of public improvement plans and execution of compliance agreement. Sidewalk Drawings at Haines (curb and gutter exist) will be submitted. No other public improvements in the right-of-way are required for this project A Letter of Commitment to pay for all improvements to handle public storm water across an easement on the PERS property will be written to the City. Copy of the Legislative Authority can be obtained if needed 3. Joint Use Agreement for common driveway. Existing agreements which are recorded in the Deeds of both properties are attached as Exhibit "3." FLETCHER•FARR•AYOTTE•PC ARCHITECTURE PLANNING INTERIORS 708 S.W.THIRD.SUITE 200 PORTLAND.OREGON 97204 TELEPHONE 503 222.1661 FAX 222.1701 • Post-it®Fax Note 7671 Date /®paoges� To • ) / •c Co./Dept. Co. 1}L > i; j ; . �iiit1 Phone# Phone# [ �j Fax# —7�7 /70 Fax# g9oc4t0... fe -1-t4 5 5 wit vi ild • erskIro 4.(0, 74)/0/ ZL s -'lp T �— 7•t 5 9.c, Mark Roberts July 5, 1996 Page 2 4. Coordination of additional public sanitary sewer easement. Attached is Exhibit "4,"a Letter of Commitment regarding the sewer easement 5. Verify location and depth of existing 8" sanitary sewer lateral. "As-built"Drawings of the existing sewer were provided to the City by the adjacent property developer, Westwood Development See Site Utility Plan Sheet SD4 for the operations center for Key Pacific Services Corporation, dated August 19, 1989. 6. Dedicate easement for public storm drainage line. A Letter of Commitment for the easement is included as Exhibit "6." 7. On-site Water Quality Facility Plan, Calculations, and Maintenance Plan. See attached Exhibits 7A, 7B,7C, and 7D. Plans and calculations prepared by VLMK and included in Contract Documents and Building Permit Application. 8. Erosion Control Plan. See attached Exhibit 7A, Drawing C1.3 plan prepared by VLMK and included in Contract Documents and Building Permit Application. 9. Planning Division Comments. Contact: Mark Roberts. A. Building Setback. Setback as shown is correct based on building height J B. Screening of Loading Area. See attached Exhibit 9B Landscape Plan L.1 prepared by Murase and Associates and included in Contract Documents and Building Permit Q� Application. Mark Roberts July 5, 1996 Page 3 C. Quantity of compact stalls limited to 69. See attached Exhibit 9C Site Plan Drawing A1.1 prepared by Fletcher Farr Ayotte PC and included in Contract Documents and Building Permit Application. 0(._ D. Joint access and Maintenance Agreement for shared drive. See item 3 above. CIL- E. Protection of Planting from Vehicle Traffic. See attached exhibit 7A Drawings C1.2 and C1.4 for protection of planting. Drawings are included in 1Cotract Documents and Building Permit Application. 0 ►'`�- F. Screening of Rooftop Equipment. 3k See attached Exhibit 9F Drawings A2.4 and A3.1 prepared by Fletcher Farr Ayotte PC. This is included in Contract Documents and Building Permit Application. G. Widen sidewalk from 68th Parkway to building main entry by 1'-0". See attached Exhibit 9C Drawing A1.1 prepared by Fletcher Farr Ayotte PC. Id This is included in Contract Documents and Building Permit Application. O H. Written approval of Franchise Hauler. Pride Disposal to provide. 0 I. Joint access and maintenance agreement for shared drive. See 3 and 9D above. G�- J. Tree removal mitigation. Per discussions with PERS, Oregon Department of Administrative Services, City Planner and City Manager, PERS will provide payment to the City Tree Mitigation Fund prior to Occupancy based on a final audit by the Arborist. Pe i2-E Lau 14isl 's , /loY` TO t ws 2, 1/ � �� �')0.14,L.(► Imo k 4 r ��K � 144 0 Mark Roberts July 5, 1996 Page 4 K. Tree protection. See attached Exhibit 9K, Specification Sectin 01535- Tree Protection. This is included in Contract Documents and Building foot-Q I cy vvt ecs lvfre S 4-o low l w (g4 1 (1 'e4 I rev trml,(• If you have any questions regarding the above information, please contact either Pete Daniels of Milstead & Associates (654-2336) or myself. a LA c v b ov)Sd--11.re eta •d$k 1 .e CG vU t e\qco d1�- 5'440\4/Oil `iI`eco hSp Q Sincerely, / FLET R FARR AYOTTE PC Philip A. Ru , AIA PAR:jh Encl. List of Exhibits by Letter Reference Number: 3 Declaration of Restrictions 4 Letter of Commitment 6 Letter of Commitment 7A Civil Drawings C1.1 through C1.5 7B Civil Calculations 7C Maintenance Plan 7D Maintenance Plan 8 See 7A 9B Landscape Drawing L.1 9C Architectural Drawing A1.1 9E See 7A 9F Architectural Drawings A2.4 and A3.1 9G See 9C 9H To be provided by Pride Disposal 9K Specification Section 01535 - Tree Protection J:\118296\COR\PAR17.WPD JUL-19-96 FRI 04:29 PM FLETCHER FARR AYOTTE PC FAX NO. 15032221701 P. 02 Mali Box Services ir.L wu .w0u4v411V -- - cRogett SPtazant, and e,fss.oeiatrs 7see and,1Qndeaalu Co:sufu ng cSeavica N E O R N D U H TO: Phil Rude, A.Z.A. Fletcher-Farr-Ayotte P.C. FRO![: Bob Mazany ASCA #133 Consulting Arborist SAS'=: July 18, 1996 RE: PERS Office Building Site - 'Tigard This brief memorandum is submitted as a progress report on this project through July 17, 1996. 1 . A site walk through was conducted to identify those trees designated to be retained and review tree protection requirements with Drake personnel. This was done on July 9, 1996, and also July 11, 1996 after the clearing phase had started. 2 . The clearing and tree protection fence locations were reviewed on site July 15, 1996. 3 . On July 17, 1996 I inspected the tree protection fence and found, with the exception of one minor adjustment east of the three (3) Oaks which has been taken care of, the installation was carried out as directed. 4 . I will be contacted for additional site visits when grading work progresses north of the three (3) Fir and east of the three (3) Oak. 5. The pruning of the trees retained as specified in my April 18, 1996 memorandum should be accomplished as soon as scheduling will permit. Please contact me when further assistance is required on this project. • o. fox 7305, 1.23Eavatton, Oregon 97075 • (Ro ) 646-089Y JUL-11-1996 11:47 MILSTEAD & ASSOC INC P.01/02 • M & A MTLSTEAD & ASSOCIATES_ Inc. tel. (503) 654-2336 CONSTRUCTION PROGRAM MANAGERS fax_ (503)654-2698 10121 S.E. SUNNYSIDE ROAD, Suite 335 CLACKAMAS, OREGON 97015 Transmittal Form SENT VIA: ❑ mail ❑ messenger Pax 0 hand carry FOR YOUR: ❑ info ❑ action view ❑ TO: rf_):.1,4.Nklapr,T1t.its.„4 ppp FROM: e. DATE: Li,./\ t l l tcq RE: PER �.a t . oo I ) ATTACHMENTS - - - eu.4- t..3vc REMARKS: A .. 1 *Jc Lk 4-. (1-42, U4 S Ve, F A �.{1.‘,,. -} e - I E y1. _ . mil' , _a- - L._ Ty"'e- rcAXQ��'`�•�SJ\_._ �.„mss. - • l Y a . __OzIf .•"'b� o r �2'D 9 c. - CYJ I b copy to: i._ • JUL-11-1996 11 44 MILSTEAD a ASSOC INC P.02i02 LETTER OF CONDIMENT TO DEFINE AND RECORD AN EASEMENT TO: City of F,g. &ITN: Brian Raga Engbseering 13125 SW Hall Blvd. Tigard, OR 97223 rho Ore=Poi&Employes Retirees= System( s)and the Owen of dle adj,rera Y dx vel to record a prat lic to the Cats of Ti property g sanitary sewer Erie staid was aonstn�ed too serve the Key Property and the P for the existing PiDP'eRY- Tbe> liGt saw be the a�as in Deeds£0t bath aoad as saoordad W*tgaba County ty as FEE No. 88-5224$and FEE No. 39-39637 Le.e.edit the£OUteriy laaai3 to ire oo�a p+roPQh between the L3 Proper�y'�PFD w OREGON PFRS KEY PROPERTY OWNER: The Benenson 68th Parkway Key LLC N _ By The Benenson Capital Company Datc By: 'eu�, Charles B. Benenson, General Manager *The above acceptance by Key Property Owner is By The Bin March 1985 Trust subject to the approval of the form and contents of the proposed easement by the Owner and Key BY' Services Corporation, Tenant, and by KeyCorp, ti Trustee Guarantor. By: Ti-ustee KEY KEY PROPERTY OWNER; N . T nom` Talc, r.. ram fir-_ JUL-12-96 FRI 10: 11 AM FLETCHER FARR AYOTTE PC FAX NO. 15032221701 P_01 FTF, , FLETCHER FARR AYOTTE FAX: (503) 222-1701 PHONE: (503) 222-1661 FROM: DATE: 7 // PROJECT NAME: /5EAtS .490/LbIV NUMBER Z PROJECT NUMBER: 1�2 96 (Includi OF PAGES: LMBER: ng this cover sheet) FIRM: FAX ATTENTION: C/7, of 1/6-.4,-.a 6 4K4fl x AfroBEATS RA--• SPf 96 -00/0 MESSAGE: LEASE FIND 7Wf6 ArPetc#ED sieerGf f- TihE TR4s/' ',veto cgfizE of 77#' PE,e.S. PZ00'Cr (zx,i'&r- 9) Twe Sieereit - /r C iwDE S r4 /1/07E op iitiMZDo?'L ieitfr 65/my ft//t/6- of /'/WDE D/SP6S' - FLETCHER•FARR•AYOTTE•PC ARCHITECTURE PLANNING INTERIORS 708 S.W.THIRD.SUITE 200 PORTLAND.OREGON 97204 TELEPHONE 503.222.1661 FAX 222.1701 FAX NO2 15032221701 JUL-12-96 FRI 10: 11 AM FLETCHER FARR AYOTTE PC _ P. 02 �- rzuut DISPOSAL fJ001/002 coil of X76-s4AD S AR - 96 --o0 1� 1 E 9>� DISPOSAL COMPANY P.O. Box 820 Sherwood, OR 97140 (503)825-6177 TELEPHONE: (503) 625-6177 FAX # (503) 625-6179 FAX COVER SHEET DATE: 7 — r D --q6 TO: 1� \ 'W C..1.. 4- )(0 TELEPHONE: FAX NUMBER: 2-:. ) O ' LL (� • -7 2 1 ATTENTION: �( WE ARE SENDING 2_ PACES (INCLUDING THIS PAGE). IF YOU DO NOT RECEIVE ALL OF THESE PAGES, PLEASE CALL US AS SOON A POSSIBLE. THANK YOU! 050,4_ k) 'l( 1/!/!-e-�'t" R1604... aJ cis fa S •f' CO '1.54.1A tr ej4-49%- a-s ti . • me.,k s %.2::,h Printed on 100%recycled paper. JUL-12-9B FRI 10: 12 AM FLETCHER FARR AYOTTE PC r„ l Ant106 j15032221701 _` P. 03 Q iTo-vo02 , 7- 10 � i I I I I / ) ___________________y \ ' i / / \ I C \ I _ `. ,�'`� T— '5H i , . , c,_Jr 11 15' I I I le . 3 SITE PLAN AT TRASH ENCLOSURE SCALE I. - 20'-0' mart sfrr N. FFA PE.RS. HEADQUARTERS ►p,,n I 'A1ic UILDING rr ,oe �, FLETCHER FARR AYOTTE PC 5W 68TH PARKWAY 1"15 sa s"s` "”. �+un $�t 3 s 1182°36 _t MU T;tz-seer ru tzt-17ot TIGARD, OREGON l'=200-0' 30 'd 1 OL I ZZZEOS t '0N Xk3 Od 3,L,I.OAV dtldj 13H0J..313 lid LO:E0 3111 96-60-1f If SECTION 01535 TREE PROTECTION PART 1 - GENERAL 1.01 SUMMARY A. Description 1. The work under this section consists of: a. Providing and maintaining of protective fencing and related materials, including replacement if required. b. Taking measures needed to protect existing vegetation indicated to remain. c. Providing more substantial protection fencing when is being harmed or endangered by Contractor's negligence, carelessness, or failure to take proper measures to protect subject vegetation. The more substantial fencing required by the Engineer for the aforementioned reasons shall be provided at no expense to the Owner. d. Removing fencing and related materials at the completion of the Contract. e. Care, maintenance, and pruning of existing trees as indicated under the direction of a certified arborist. B. Related Sections 1. 02900 - Landscaping 1.02 QUALITY ASSURANCE A. Project Arborist: Owner will provide a certified Consulting arborist to serve as the Project Arborist. The contractor shall notify the Landscape Architect five days in advance, so that the Project Arborist can be in attendance to do the following at all times during the Contract: 1. Direct placement of protective fencing. 2. Monitor all root and branch pruning. 3. Monitor all work within the tree protection area. 118296 01535-1 Tree Protection July 1,E414116 `L Oft 4. Review work methods for construction within the same area referred to above for plants to remain. 5. Review recommendations for care, treatment and other measures needed for damage repair and maintenance of health and vigor of planting to remain. B. Notify the Landscape Architect immediately of all conditions relating to existing plants to remain which may present a hazard to the public, improvements, workers, or to the plants. 1.03 STORAGE AND TRAFFIC A. Do not store materials within the protected area. B. Do not allow parking, foot traffic, or any other activity, within the protected area. C. Do not allow materials which fall into or flow into protected areas to remain. Provide protective barriers as needed and directed. 1.04 MAINTENANCE A. Provide water, fertilizer, sprays of pesticides and anti-desiccant, other materials, and work as needed to keep the existing plants healthy and growing condition. B. Prune plants as directed by the Arborist, where damage has occurred; to remove branches from work area, and where needed to maintain the health of the plant. All pruning shall be done in accordance with National Arborist Association standards by a certified Arborist approved by the Owner. C. Provide clean up of ground area under plants to remain as directed by the Landscape Architect. D. Wash off foliage which becomes soiled as directed. E. Provide maintenance from beginning of contract, until the end of the Warranty Period for Landscape work (See Section 02900) . 1.05 SEQUENCING AND SCHEDULING A. Complete installation of fencing before any other work under the Contract begins in each area. 1.06 WARRANTIES A. The Contractor shall provide a 2-year unconditional warranty for all plants which are repaired or replaced due to unapproved actions by the Contractor. B. Warranty all work and materials against defect in materials and workmanship for a period of 90 days. 118296 01535-2 Tree Protection July 1, 1996 PART 2 - PRODUCTS 2.01 MATERIALS A. Burlap 1. Provide a minimum of 2 layers of untreated burlap as a covering over exposed root face areas. B. Fence Fabric 1. Orange fence fabric material shall be one of the following: a. HiVu (TM) Orange Barrier Fencing, four foot height, as manufactured by Amoro Fabrics and Fiber Co. b. Tensar Safety Grid, four foot height. c. Approved equal. 2. Provide a single type of fence fabric for the entire Contract. C. Posts 1. Domestic stud TEE posts, light weight ( .98) , painted steel, six foot in length with metal flange at bottom. D. Ties 1. Galvanized steel wire, #16 gauge. E. Provide only new, undamaged materials. F. Miscellaneous Materials 1. Water: Provide water, free of harmful contaminants, as needed for plant health and growth, and for wash down of soiled foliage. 2. Pesticide, Fungicide, and Anti-Desiccant: Provide materials approved by governing regulatory agencies suitable for need. Submit list of materials, along with documents indicating agency approval and proper application method to Engineer for approval prior to use. 3. Topsoil: Provide imported topsoil (see Section 02900) for backfill around plants as needed. 4. Provide all other materials required to fulfill the letter and intent of the Contract. 118296 01535-3 Tree Protection July 1, 1996 PART 3 - EXECUTION 3.01 INSPECTION A. On-site inspections of plants and trees shall be conducted with the Landscape Architect and Arborist prior to the start of construction. Plants and existing vegetation to remain shall be identified. B. Preliminary Fence Location Staking 1. Prior to installation of the tree protection fencing, the Contractor shall tour the Contract areas with the Landscape Architect and Project Arborist. a. By means of paint or wooden stakes and string where needed, mark out the proposed location of fencing, for the Landscape Architect' s and Project Arborist's review. Make adjustments in fence location and alignment as directed. 3.02 FENCING A. Install fencing immediately after receipt of approval of the preliminary location, before beginning all other construction. B. Posts 1. Install metal posts plumb and evenly spaced. 2. Space posts at six feet on center (maximum) along the fence line. 3. Drive the posts 18 to 24 inches into the ground. Adjacent posts shall be within four inches of the same height above grade. C. Fencing Fabric 1. Provide orange mesh fencing fabric as specified. 2. Stretch to be tight between posts. 3. Provide in long, continuous sections, at least 50 feet in length. a. Terminate lengths of mesh only at fence posts. Provide at least 12 inches of mesh, full height past post, where it terminates and overlaps with other fabric sections and ends. 4. Fasten fabric firmly to metal posts two inches below top of post, at mid-point, and three inches above finish grade. Use 16 gauge galvanized steel wire. 5. Provide only clean, new, and unblemished mesh. Torn, deformed, and otherwise blemished mesh shall be removed and replaced with sections of the minimum specified length. 118296 01535-4 Tree Protection July 1, 1996 3.03 FENCE MAINTENANCE A. Fencing shall be maintained upright and in good condition throughout the project. Damaged fencing shall be repaired or replaced immediately. Fencing shall be removed as directed at end of contract. 3.04 ROOT SYSTEM PROTECTION A. Root systems shall be protected from damage due to noxious materials in solution caused by run-off or spillage during storage or placement of construction materials. B. Root systems shall be protected from flooding or soil erosion. C. Protected root zone areas shall not be disturbed or excavated unless authorized by the Engineer. 3.05 EXCAVATION AROUND TREES AND SHRUBS A. Protected area around plants shall be excavated only where indicated. B. Where trenching for utilities or irrigation is required within the protected area, excavation shall be done under or over roots by hand digging in the presence of the Project arborist. Main lateral roots or tap roots shall not be cut; however, smaller roots which interfere with the installation of new work may be cut. Roots shall be cut with sharp pruning instruments. Root shall not be broken or chopped. Where possible, boring under protected areas to install utilities shall be done instead of trenching. C. To minimize damage in areas where new construction is required within protected areas, root systems shall be hand excavated. A narrow-tine spading fork shall be used to comb soil to expose roots. If encountered, roots shall be cut back from the new construction. D. Exposed roots shall not be allowed to dry out before permanent backfill is placed. Temporary earth cover shall be provided or roots shall be packed with peat moss and wrapped with burlap. Roots shall be watered and maintained in moist condition and shall be temporarily supported and protected from damage until they are permanently relocated and covered with backfill. E. The Project Arborist shall be present when any work which might impact protected plant takes place. The Project Arborist shall provide guidance to assure minimal disturbance, to assure proper techniques are followed, and to direct all pruning and wound treatment. The Contractor is required and responsible for having the Arborist present. F. Notify the Engineer if any large roots are encountered, if a condition harmful to the plant is noted, where plant survival is made doubtful, and where a hazard of any sort is created or detected. G. Demolition and construction in the protected areas shall be done in a manner which will minimize damage to the tree roots and branches. 118296 01535-5 Tree Protection July 1, 1996 Hand tools shall be used where necessary to minimize damage. Use of Bobcats, backhoes and all other construction vehicles within the protected area shall be kept to an absolute minimum. Such equipment shall be used within the protected area only where approved by the Engineer, after consultation with the Project Arborist. The Project Arborist shall be notified 72 hours prior to use of equipment within the protected area. Provide bridging or protective planking in protected areas where equipment operates. 3.06 BACKFILL A. Provide imported topsoil backfill to cover exposed roots in soil cuts. Do not place fill on top of existing grade above root zone. 3.07 REMOVAL AND DISPOSAL A. Remove dead and damaged plants that the Project Arborist and the Landscape Architect determine and agree to be a hazard and incapable of restoration. B. Remove excess excavation, removed plants, and trimmings and dispose of off project area. 3.08 REPAIR AND REPLACEMENT OF PLANTS DAMAGED BY CONTRACTOR A. Removal, replacement and repair of plants identified to remain, which are damaged by the Contractor, shall be completed as directed and approved by Owner, and at no cost to Owner. B. Value of trees that are to be replaced shall be based on the criteria to be found in the Pacific Northwest Chapter of the International Society of Arborculture Guide for Plan Appraisal, as evaluated by the Project Arborist. C. The Contractor is also responsible for the costs of consultants, administrative costs, coordination, permits and all other costs associated with removal, replacement or repair of existing plants resulting from damage and insufficient or improper protection by the Contractor. D. All landscape areas and other surface improvements which are to remain which are damaged by the actions or omissions of the Contractor shall be restored to the original condition by the Contractor at no cost to Owner. END OF SECTION 118296 01535-6 Tree Protection July 1, 1996 MEMORANDUM CITY OF TIGARD, OREGON DATE: July 23, 1996 TO: Jill Aldrich, Development Services FROM: Brian Rager,Development Review Engineer RE: SDR 96-0 10,PERS Exemption from TIF I reviewed the copy of the memo written by Dan Olsen to John Rosenberger regarding exemptions given to state and federal facilities. I also checked the TIF Ordinance specifically and found Section 3.17.040 (B)(8)to read just as the memo says, that the TIF will not apply to "construction, remodeling or expansion of federal or state facilities otherwise exempt from taxation by counties". Therefore, since PERS is a division of the State, I agree that they should be exempt from the TIF tax. If you have any questions about this,please let me know. is\eng\brianr\0723pers ja PAGE 1 S *lbG %- 0010 CIVIL CALCULATIONS for PERS HEADQUARTERS Tigard, Oregon for Oregon Dept. of Admin. Services 1225 Ferry St. SE Salem, Oregon 97310 �.� fra/17 ��' 14,3 a , I p f)D � • Cj cgb SARAN � �'� � E +2e5 I2;3►--9(v 0 Fri Project No. 90045 Designed by I K5/4 Date 5- 3 -9Cv Checked by Date Z' Project Name PER-3 I I Page / of `0, DESIGN DESIGN CALCULATIONS DESIGN INVERT -I SECTION ELEVATIONS I EQUIV. TOTAL RUNOFF VELOC. .a INCR. TOTAL INTEN- INCR. RUNOFF CAPA- INCR. EQUIV. RUNOFF SLOPE DIA. CITY VELOC. �� @ LENGTH . c(D M.H.TO M.H. TIME TIME SITY AREA COEFF. AREA AREA CAPAC. 0/at o OR ■ O S d O 0/O V L UPPER LOWER ST.TO ST. T Tt I A i C CA ECA i VI + minutes minutes In.hr. aces coefl. acres acres ds % Inches ds .s ratio •s feet ` �R 5. 5.0 5.4 . 2 O. , 23 . 23 .78 1 . e) 8.e 192 33;,5 322.17 ( n = t.r: ).4 3.33 . Z5 G 3 . 4 ' I . 3 3. Co 1 . ) 10 .3 103 32z.17 51(D.1 II ,,"., 0. 2 5.cc, 3. 29 . L3 2 5 . 71 2.34 Z1. 0 Lp 3. 0} I-7.O (o l 3l tc.0 303.1q 9 4:-.:.,,- -, 0. 1 5.-/ 3.2-7 . 069 . 05 .7(v 2..1 9,2 L.0 14,0 12 3 Il 03. 3ot.93 r;J U' ; - - 5.-7 L r .05 . 650 . 6 ( 2. c,05 9.g J 5, 0 i4:o 75 %I.93 294.;5g D..---, 1 PoNa 0. I . 5.S ?,21.40 2i •ZZ_ 1.03 3.3(0 9. 8 5. 0 14,5 15 a i.,5�l Z93.0 _ / v m r� - }.v_iI ■ 0 `_5.3 5,0 3,--; . 1C IU . 10 0• 10.0 (1.40 2.3 8.- 2.15 332.0 3t0.7 m 3 )A 5.1 3,1)3 . 27 1 , . Z4 . 51 I . I o, S 69 2.4 61 . 1 65 310.7 3033to gpr -F.„ C 6 0. 1 5.5 • -1 . 59 i . 35 , 601 2..a5 10.2 Lo Z.4 -3 1 33 30,3to 29q.79 (28(3,c p i i.(9 1 .v . 05 . 71 2.43 .2 g 9 .� ��� 4.0 3 3 � �� 2q9,�l 2 i Po/JD O. I 5. 2 2 . 9(.0 3. 14 4.0 3. 2 6).0 I a0 24(o,gq 293.o 1 0 o xi - . 3 N N VLMK Co ulting Engineers eb_PE R.5 3933 SW KELLY AVE. / PORTLAND, OR 97201-4393 (503) 222-4453 / FAX 248-9263 Job No. By —<-L Ito Dete 4. . 1 q CO Sheet No WAT z IMPERVIOUS AREA : OLDc 2-0, C.vgCo 5C PAViNU Co 2, 12 I Salem s-F I .9 etc, EXTEODE D DR I DETITion3 POND (Sa, 511 s-F )( c fi-) = 24S6 &it.3 = 0.78 c-4 (SEE PR1 r•rroUT) Cc)CLIT = 2.485 O. 0144 c-1-6 172., CO 8 5 6-rogiLl Ru NoFf C z_5 = I . I c NOE UEwPED (5E6 PRjnn'our) ( 'Z5 = 1. Cob DEVELOPe.r� (5EE PRitirTou-r) DETEArrIOni VOLuM E = 758 G-F (SEE PRINTOUT) ORiFicg = 5•Co"1. w IeTEnrrio rJ /EXTENDED DRy DE-ran-701J Paco WATER nAALIT/ 24b5 G� DETEIJn c TO7-4 L— Reap 3 Z43 G¢ ELEV AE \/oL LiM� 2 9 3 6070 5f 61 00 C.,C 294 113o 1 .50 2.95 JCo30 g5.Cv I0'M ZGILD 2158 3359 c _ _ _ VLMK Co ulting Engineers Sob pER 5 -.-__ - 3933 SW KELLY AVE. / PORTLAND, OR 97201-4393 crept Q/,, uI (503) 222-4453/ FAX 248-9263 Job No. 1600 5 By Ksli Date 7.1 I . q cY Sheet No. REVISED C4LC5 DE T E/�ION / L)(T&NDED ✓zy De-reI1/4fTi Oki Po AID WATER CPuAc-.Ty 24S5 cf D6TEAM o>J 75 8 TOTAL Rte'D 3243 a ELEV AREA Vow HE 293 ( 7 ) 5f goo c� WATER QUA-LITY 294 11 30 1380 26:46) c-d > 2485 c4 OK 295 I6030 3 2615.2 1735 15 C409 2_9(a 2 1 8e) 295.2. 1-755 739 c-� BETE kin o til 295. Cp 1 °l Ca Z Z61 L9. o 2-185 ZLoILP 4- 739 = 3355Gf > 3a43cf 0 W• Q. + DETEIr ro .l TH,S 1 ec - 11=q - 2 we ' 7. 12"%b \�1 NG► E-E;� �(k, �14.392 9 ' I 1. 6 � � F 4y30, '∎ #4 ZySARMA E(PIREs 12-•31 •9(p 111 411 PE.RS • SPECIFY STORM OPTION: WATER 1 S.C.S. TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , DURATION (HOUR) , PRECIP (INCHES) 1, 4 , . 36 ******************** S . C.S . TYPE-1A DISTRIBUTION ******************** ********* 1-YEAR 4-HOUR STORM **** . 36" TOTAL PRECIP. ********* ENTER: A (PERV) , CN (PERV) , A(IMPERV) , CN(IMPERV) , TC FOR BASIN NO. 1 0, 90, 1 . 9, 99, 1 DATA PRINT-OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC (MINUTES) A CN A CN 1 . 9 . 0 96 . 8 1 . 9 99 . 8 1 . 0 ( PEAK-Q (CFS) 1 T-PEAK(HRS) VOL (CU-FT) . 78 . 77 1318 ENTER [d: ] [path] filename [ .ext] FOR STORAGE OF COMPUTED HYDROGRAPH : S 4 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP P HYDROGRAPH DATA PRINT-OUT: T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) . 00 . 00 1 . 07 . 19 2 . 13 . 10 3 . 20 . 00 . 03 . 00 1 . 10 . 17 2 . 17 . 10 3 . 23 . 00 . 07 . 00 1 . 13 . 18 2 . 20 . 10 3 . 27 . 00 . 10 . 01 1 . 17 . 18 2 . 23 . 10 3 . 30 . 00 . 13 . 02 1 . 20 . 18 2 . 27 . 10 3 . 33 . 00 . 17 . 03 1 . 23 . 18 2 . 30 . 10 3 . 37 . 00 . 20 . 05 1 . 27 . 16 2 . 33 . 10 3 .40 . 00 . 23 . 06 1 . 30 . 14 2 . 37 . 10 3 .43 . 00 . 27 . 07 1 . 33 . 14 2 . 40 . 05 3 .47 . 00 . 30 . 09 1 . 37 . 14 2 . 43 . 00 3 . 50 . 00 . 33 . 10 1 .40 . 14 2 . 47 . 00 3 . 53 . 00 . 37 . 11 1 .43 . 14 2 . 50 . 00 3 . 57 . 00 .40 . 13 1 .47 . 13 2 . 53 . 00 3 . 60 . 00 .43 . 13 1 . 50 . 12 2 . 57 . 00 3 . 63 . 00 .47 . 15 1 . 53 . 12 2 . 60 . 00 3 . 67 . 00 . 50 . 17 1 . 57 . 12 2 . 63 . 00 3 . 70 . 00 . 53 . 17 1 . 60 . 12 2 . 67 . 00 3 . 73 . 00 . 57 . 19 1 . 63 . 12 2 . 70 . 00 . 33 . 10 1 . 40 . 14 2 .47 . 00 3 . 53 . 00 . 37 . 11 1 .43 . 14 2 . 50 . 00 3 . 57 . 00 . 40 . 13 1 . 47 . 13 2 . 53 . 00 3 . 60 . 00 . 43 . 13 1 . 50 . 12 2 . 57 . 00 3 . 63 . 00 . 47 . 15 1 . 53 . 12 2 . 60 . 00 3 . 67 . 00 . 50 . 17 1 . 57 . 12 2 . 63 . 00 3 . 70 . 00 . 53 . 17 1 . 60 . 12 2 . 67 . 00 3 . 73 . 00 . 57 . 19 1 . 63 . 12 2 . 70 . 00 3 . 77 . 00 . 60 . 21 1 . 67 . 11 2 . 73 . 00 3 . 80 . 00 . 63 . 21 1 . 70 . 10 2 . 77 . 00 3 . 83 . 00 . 67 . 26 1 . 73 . 10 2 . 80 . 00 3 . 87 . 00 . 70 . 33 1 . 77 . 10 2 . 83 . 00 3 . 90 . 00 . 73 . 48 1 . 80 . 10 2 . 87 . 00 3 . 93 . 00 . 77 . 78 1 . 83 . 10 2 . 90 . 00 3 . 97 . 00 . 80 . 67 1 . 87 . 10 2 . 93 . 00 4 . 00 . 00 . 83 . 35 1 . 90 . 10 2 . 97 . 00 4 . 03 . 00 . 87 . 27 1 . 93 . 10 3 . 00 . 00 4 . 07 . 00 . 90 . 21 1 . 97 . 10 3 . 03 . 00 4 . 10 . 00 . 93 . 21 2 . 00 . 10 3 . 07 . 00 4 . 13 . 00 . 97 . 21 2 . 03 . 10 3 . 10 . 00 4 . 17 . 00 1 . 00 . 21 2 . 07 . 10 3 . 13 . 00 4 . 20 . 00 1 . 03 . 21 2 . 10 . 10 3 . 17 . 00 4 . 23 . 00 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP • 411 Pecks . . - • SPECIFY STORM OPTION: 25 yR U NDEV 1 S . C. S . TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , DURATION (HOUR) , PRECIP (INCHES) 25, 24 , 3 . 4 ******************** S . C.S . TYPE-1A DISTRIBUTION ******************** ********* 25-YEAR 24-HOUR STORM **** 3 .40" TOTAL PRECIP . ********* ENTER: A(PERV) , CN (PERV) , A (IMPERV) , CN (IMPERV) , TC FOR BASIN NO. 1 1 . 9, 90 , 0 , 98, 7 DATA PRINT-OUT: AREA(ACRES) PERVIOUS IMPERVIOUS TC (MINUTES) A CN A CN 1 . 9 1 . 9 90 . 0 . 0 98 . 0 7 . 0 PEAK-Q (CFS) T-PEAK (HRS) VOL(CU-FT) 1 . 19 7 . 83 16237 ENTER [d: 1 [path] filename [ . ext] FOR STORAGE OF COMPUTED HYDROGRAPH: C:\96045C. STS T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) . 00 . 00 6 . 33 . 21 12 . 67 . 23 19 . 00 . 14 . 17 . 00 6 . 50 . 22 12 . 83 . 20 19 . 17 . 14 . 33 . 00 6 . 67 . 26 13 . 00 . 20 19 . 33 . 14 . 50 . 00 6 . 83 . 31 13 . 17 . 20 19 . 50 . 14 . 67 . 00 7 . 00 . 33 13 . 33 . 20 19 . 67 . 14 . 83 . 00 7 . 17 . 39 13 . 50 . 20 19 . 83 . 14 1 . 00 . 00 7 . 33 .46 13 . 67 . 20 20 . 00 . 14 1 . 17 . 00 7 . 50 . 67 13 . 83 . 20 20 . 17 . 14 1 . 33 . 00 7 . 67 1 . 16 14 . 00 . 20 20 . 33 . 14 1 . 50 . 00 7 . 83 1 . 19 14 . 17 . 20 20 . 50 . 14 1 . 67 . 00 8 . 00 . 77 14 . 33 . 20 20 . 67 . 14 1 . 83 . 00 8 . 17 . 54 14 . 50 . 20 20 . 83 . 14 2 . 00 . 00 8 . 33 .44 14 . 67 . 19 21 . 00 . 14 2 . 17 . 00 8 . 50 .43 14 . 83 . 18 21 . 17 . 14 2 . 33 . 00 8 . 67 . 37 15 . 00 . 18 21 . 33 . 14 2 . 50 . 00 8 . 83 . 30 15 . 17 . 18 21 . 50 . 14 2 . 67 . 01 9 . 00 .29 15 . 33 . 18 21 . 67 . 14 2 . 83 . 01 9 . 17 .29 15 . 50 . 18 21 . 83 . 14 3 . 00 . 02 9 . 33 . 29 15 . 67 . 18 22 . 00 . 14 3 . 17 . 03 9 . 50 . 29 15 . 83 . 18 22 . 17 . 15 3 . 33 . 03 9 . 67 . 29 16 . 00 . 18 22 . 33 . 15 3 . 50 . 04 9 . 83 . 29 16 . 17 . 18 22 . 50 2 . 67 . 01 9 . 00 . 29 15 . 33 . 18 21 . 67 . 14 2 . 83 . 01 9 . 17 . 29 15 . 50 . 18 21 . 83 . 14 3 . 00 . 02 9 . 33 . 29 15 . 67 . 18 22 . 00 . 14 3 . 17 . 03 9 . 50 . 29 15 . 83 . 18 22 . 17 . 15 3 . 33 . 03 9 . 67 . 29 16 . 00 . 18 22 . 33 . 15 3 . 50 . 04 9 . 83 . 29 16 . 17 . 18 22 . 50 . 15 3 . 67 . 05 10 . 00 . 29 16 . 33 . 18 22 . 67 . 15 3 . 83 . 06 10 . 17 . 29 16 . 50 . 18 22 . 83 . 15 4 . 00 . 07 10 . 33 . 29 16 . 67 . 16 23 . 00 . 15 4 . 17 . 08 10 . 50 . 29 16 . 83 . 15 23 . 17 . 15 4 . 33 . 09 10 . 67 . 27 17 . 00 . 14 23 . 33 . 15 • . . ' 4 ,50 ' . 09 10 . 8 . 25 17 . 17 .14 23 . 50 . 15 4 . 67 . 11 11 . 00 . 24 17 . 33 . 14 23 . 67 . 15 4 . 83 . 12 11 . 17 . 24 17 . 50 . 14 23 . 83 . 15 5 . 00 . 13 11 . 33 . 24 17 . 67 . 14 24 . 00 . 09 5 . 17 . 14 11 . 50 . 24 17 . 83 . 14 24 . 17 . 01 5 . 33 . 14 11 . 67 .25 18 . 00 . 14 24 . 33 . 00 5 . 50 . 15 11 . 83 .25 18 . 17 . 14 24 . 50 . 00 5 . 67 . 17 12 . 00 . 25 18 . 33 . 14 24 . 67 . 00 5 . 83 . 19 12 . 17 . 25 18 . 50 . 14 24 . 83 . 00 6 . 00 . 20 12 . 33 . 25 18 . 67 . 14 25 . 00 . 00 6 . 17 . 20 12 . 50 . 25 18 . 83 . 14 25 . 17 . 00 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP : . 111 111 pER s SPECIFY STORM OPTION: ZSYR i/ewt S . C. S . TYPE-1A RAINFALL DISTRIBUTION ENTER: FREQ (YEAR) , DURATION (HOUR) , PRECIP ( INCHES) 25, 24 , 3 . 4 ******************** S . C. S . TYPE-1A DISTRIBUTION ******************** ********* 25-YEAR 24-HOUR STORM **** 3 .40" TOTAL PRECIP. ********* ENTER: A(PERV) , CN (PERV) , A (IMPERV) , CN (IMPERV) , TC FOR BASIN NO. 1 0, 90, 1 . 9, 98 , 5 DATA PRINT-OUT : AREA(ACRES) PERVIOUS IMPERVIOUS TC (MINUTES) A CN A CN 1 . 9 . 0 90 . 0 1 . 9 98 . 0 5 . 0 PEAK-Q (CFS) T-PEAK (HRS) VOL (CU-FT) 1 . 68 7 . 67 21841 ENTER [d: ) [path] filename [ .ext] FOR STORAGE OF COMPUTED HYDROGRAPH: c : \96045b. sts .' . O 41/ HYDROGRAPH DATA PRINT-OUT : T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) T (HRS) Q (CFS) . 00 . 00 6 . 33 . 35 12 . 67 . 25 19 . 00 . 16 . 17 . 00 6 . 50 . 36 12 . 83 . 22 19 . 17 . 16 . 33 . 00 6 . 67 .43 13 . 00 . 22 19 . 33 . 16 . 50 . 00 6 . 83 . 50 13 . 17 . 22 19 . 50 . 16 . 67 . 02 7 . 00 . 51 13 . 33 . 22 19 . 67 . 16 . 83 . 03 7 . 17 . 59 13 . 50 . 22 19 . 83 . 16 1 . 00 . 05 7 . 33 . 68 13 . 67 . 22 20 . 00 . 16 1 . 17 . 06 7 . 50 . 99 13 . 83 . 22 20 . 17 . 16 1 . 33 . 07 7 . 67 1 . 68 14 . 00 . 22 20 . 33 . 16 1 . 50 . 08 7 . 83 1 . 55 14 . 17 . 22 20 . 50 . 16 1 . 67 . 09 8 . 00 . 87 14 . 33 . 22 20 . 67 . 16 1 . 83 . 11 8 . 17 . 61 14 . 50 . 22 20 . 83 . 16 2 . 00 . 12 8 . 33 . 52 14 . 67 . 21 21 . 00 . 16 2 . 17 . 13 8 . 50 . 52 14 . 83 . 19 21 . 17 . 16 2 . 33 . 13 8 . 67 .43 15 . 00 . 19 21 . 33 . 16 2 . 50 . 14 8 . 83 . 34 15 . 17 . 19 21 . 50 . 16 2 . 67 . 16 9 . 00 . 34 15 . 33 . 19 21 . 67 . 16 2 . 83 . 18 9 . 17 . 34 15 . 50 . 19 21 . 83 . 16 3 . 00 . 18 9 . 33 . 34 15 . 67 . 19 22 . 00 . 16 3 . 17 . 19 9 . 50 . 34 15 . 83 . 19 22 . 17 2 . 67 . 16 9 . 00 . 34 15 . 33 . 19 21 . 67 . 16 2 . 83 . 18 9 . 17 . 34 15 . 50 . 19 21 . 83 . 16 3 . 00 . 18 9 . 33 . 34 15 . 67 . 19 22 . 00 . 16 3 . 17 . 19 9 . 50 . 34 15 . 83 . 19 22 . 17 . 16 3 . 33 . 19 9 . 67 . 34 16 . 00 . 19 22 . 33 . 16 3 . 50 . 20 9 . 83 . 34 16 . 17 . 19 22 . 50 . 16 3 . 67 . 22 10 . 00 . 34 16 . 33 . 19 22 . 67 . 16 3 . 83 . 24 10 . 17 . 34 16 . 50 . 19 22 . 83 . 16 4 . 00 . 24 10 . 33 . 34 16 . 67 . 18 23 . 00 . 16 4 . 17 . 24 10 . 50 . 34 16 . 83 . 16 23 . 17 . 16 4 . 33 . 24 10 . 67 . 31 17 . 00 . 16 23 . 33 . 16 4 . 50 . 25 10 . 83 . 28 17 . 17 . 16 23 . 50 . 16 4 . 67 . 27 11 . 00 . 28 17 . 33 . 16 23 . 67 . 16 4 . 83 . 29 11 . 17 . 28 17 . 50 . 16 23 . 83 . 16 5 . 00 . 29 11 . 33 . 28 17 . 67 . 16 24 . 00 . 08 5 . 17 . 30 11 . 50 . 28 17 . 83 . 16 24 . 17 . 00 5 . 33 . 30 11 . 67 . 28 18 . 00 . 16 24 . 33 . 00 5 . 50 . 30 11 . 83 . 28 18 . 17 . 16 24 . 50 . 00 5 . 67 . 33 12 . 00 . 28 18 . 33 . 16 24 . 67 . 00 5 . 83 . 35 12 . 17 . 28 18 . 50 . 16 24 . 83 . 00 6 . 00 . 35 12 . 33 . 28 18 . 67 . 16 25 . 00 . 00 6 . 17 . 35 12 . 50 . 28 18 . 83 . 16 25 . 17 . 00 SPECIFY: C - CONTINUE, N - NEWSTORM, P - PRINT, S - STOP . . PERS .- .. . 111 SPECIFY: R - REVIEW/REVISE INPUT, C - CONTINUE DETE N r 0 J R 25YR (DEV- UN Deli SUMMARY OF INPUT ITEMS 1) TYPE OF FACILITY: POND (4 . 0 : 1 SIDE SLOPES) 2) STORAGE DEPTH (ft) : 2 . 00 3) VERTICAL PERMEABILITY (min/in) : . 00 4) PRIMARY DESIGN HYDROGRAPH FILENAME : C: \96045B . STS 5) PRIMARY RELEASE RATE (cfs) : 1 . 19 6) NUMBER OF TEST HYDROGRAPHS : 0 7) NUMBER-OF-ORIFICES, RISER-HEAD (ft) , RISER-DIAM (in) : 1, 2 . 00, 12 8) ITERATION DISPLAY: YES ENTER ITEM NUMBER TO BE REVISED (ENTER ZERO IF NO REVISIONS ARE REQUIRED) : 0 INITIAL STORAGE VALUE FOR ITERATION PURPOSES : 8520 CU-FT SINGLE ORIFICE RESTRICTOR: DIA= 5 . 57" ITERATION COMPUTATION BEGINS . . . TRIAL BOTTOM-AREA STOR-AVAIL STOR-USED PK-STAGE PK-OUTFLOW 1 3212 . 8 8519 2584 . 72 . 71 2 1942 . 8 5552 2122 . 92 . 81 3 1236 . 5 3837 1791 1 . 12 . 89 4 832 . 3 2814 1541 1 . 30 . 96 5 591 . 2 2178 1354 1 .45 1 . 01 6 441 . 3 1766 1214 1 . 57 1 . 05 7 344 . 8 1490 1108 1 . 66 1 . 08 8 280 . 2 1299 1028 1 . 74 1 . 11 9 235 . 9 1163 967 1 . 80 1 . 13 10 204 . 7 1065 920 1 . 84 1 . 14 11 182 . 1 992 884 1 . 87 1 . 15 12 165 . 6 938 856 1 . 90 1 . 16 13 153 . 3 897 834 1 . 92 1 . 17 14 144 . 1 866 818 1 . 94 1 . 17 15 137 . 1 842 805 1 . 95 1 . 17 16 131 . 8 823 795 1 . 96 1 . 18 14 144 . 1 866 818 1 . 94 1 . 17 15 137 . 1 842 805 1 . 95 1 . 17 16 131 . 8 823 795 1 . 96 1 . 18 17 127 . 7 809 787 1 . 97 1 . 18 18 124 . 5 798 781 1 . 98 1 . 18 19 122 . 1 789 776 1 . 98 1 . 18 20 120 . 2 783 772 1 . 98 1 . 19 21 118 . 7 777 769 1 . 99 1 . 19 22 117 . 5 773 766 1 . 99 1 . 19 23 116 . 6 770 764 1 . 99 1 . 19 24 115 . 8 767 763 1 . 99 1 . 19 25 115 . 2 765 762 2 . 0t, 1 . 19 26 114 . 8 763 761 2 . 00 1 . 19 27 114 . 4 762 760 2 . 00 1 . 19 28 114 . 1 761 759 2 . 00 1 . 19 29 113 . 9 760 759 2 . 00 1 . 19 30 113 . 7 760 759 2 . 00 1 . 19 31 113 . 6 759 758 2 . 00 1 . 19 32 113 . 5 759 758 2 . 00 1 . 19 PERFORMANCE: INFLOW TARGET-OUTFLOW ACTUAL-OUTFLOW PK-STAGE STORAGE DESIGN HYD: 1 . 68 1 . 19 1 . 19 2 . 00 758 SPECIFY: D - DOCUMENT, R - REVISE, A - ADJUST ORIF, E - ENLARGE, S - STOP ORIFICE DIAMETER WORKSHEET Project Name : PERS City File Number : Computed By : Y_S •A Date : 6 • 11 •qci PROVIDE SKETCH BELOW OF OUTLET STRUCTURE �1 = Zg5. Co - 2ct . q = 3.2 v 255.e4 293.0 gedgiQ Orifice Formula; Q = CA ( 2gh) • 5 Given: C = 0. 61 g = 32. 2 Design Q .014 c. f . s . h = 3.2 feet of head Solve for A: A = Q / ( C ( 2gh ) • 5J A = •O14- / ( 0 . 61 ( 2 x 32. 2 x 3 •Z ) • 5] ( c . f . s . ) ( head ) A = . pogo sq. ft . (orifice area) Solve for D: A = pi . ( R) 2 R = (A / pi . ) ' 5 = ( • 001 (2 / 3. 14) ' 5 = •02.2_44) ft . ( area ) D = 2 x R x 12 = .5 inches -3- 296.6 IT DETENTION POND ' I 11. OVERFLOW /SUR F ACE ELEV. 295.6 1 ELEV. 295.6 \ � WATER QUALITY `\ POND SURFACE ELEV.=295.2 STANDARD FIELD • INLET AND GRATE S..----r---1. � TYPICAL 1/2" BOLT------__ �� (STAINLESS 4" ABS — STEEL) \ 4" ABS SCREW 1 POND BOTTOM IN CLEANOUT 8" PIPE > ELEV.=293.0 0.5" ORFICE \ q —_ 8" STORM SEWER OUT co �- —_� - 7 1/2 C.U U. YD. 3/4" DRAIN ROCK co �� c 1" WEEPHOLE N o ell IE 292.0 Co m 5.6" — n ORIFICE \ o v a o 2'-0" / / 3'-0" / / ARMCO MODEL 160 CLEANOUT GATE TO BE MADE WATER TIGHT IN PLACE W/MASTIC VLMK Co ulting Engineers i° PER5 = rk_ 3933 SW KELLY AVE.! PORTLAND, OR 97201-4393 Client_ ✓ (503) 222-4453/ FAX 248-9263 Job No. 4(.,045 By _.2C . __ Oete7 . Z .tce Sheet No. I ' 4P41NE5 ieE€T -- STO2M A = (441 5501/4 3 o = o. 35 ac. L - 3.4 in/hr zs C = 0,9 ZS C c,A - 0.9 (3.4)(0. 35) - /.O7 Cis k VLMK Co ulting Engineers Sob Pte?S 3933 SW KELLY AVE. / PORTLAND, OR 97201-4393 Cent (503) 222-4453/ FAX 248-9263 Job No. II 004' By _f` _ Date '' Z.94 Sheet N .yr_ _ RUOFF F cM 5NJ f-ri#JEs ST CD„ • (• 07 c 5= 6/20' = 0. 40 lei = 0. 25 2' / Z 1.41 A R3 514- h •W d A K1/5 /.0 4.0 (0.47 0. 72_ 10. 8(o 0.5 1 .5 4 .24 0.50 2.0'5 1 .88 1p5 d A P fZzi3 CA V 0, 5 5.0 8.12 o. to 2 3.37 0.(07 -Res M .rr A MILS , & ASSOCIATES, Inc. CONS1 RI.CTION PROGRAM MANAGERS Three To:..../Center 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 May 6, 1997 City Engineer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Public Employees Retirement System, 11410 SW 68th Parkway, Tigard, Oregon Gentlemen: Enclosed are two (2) signed copies of an Easement Agreement for a permanent storm sewer on the site of the new PERS headquarters building. Please sign and return both copies to me at your earliest convenience. We will then record the fully executed easement with Washington County. This easement is a condition of occupancy as required by the Site Development Review. Sincerely, Peter F. Daniels Enclosure RECEIVED MAY 0 6 1997 COMMUNITY DEVELOPMENT Mp_ Q M I LSTEAD & OLl L ASSOCIATES, Inc. CONSTRUCTION PROGRAM MANAGERS Three Town Center 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 May 13, 1997 Mark Roberts, Associate Planner City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: New PERS Headquarters Building Tree Mitigation Dear Mark, As representatives for PERS, we are providing the following accounting for trees removed in the construction of this project. As a condition of our Site Development Review, PERS is required to provide this accounting and to make the appropriate payment to the City's Tree Mitigation Fund. TREE DATA EXISTING TREES ON SITE BEFORE DEVELOPMENT Trees greater than 12" caliper 67 Trees rated HHP (9) Subtotal 58 Trees rated HP (9) M`::{•::{..: :Y..:,/A�.....4Si tiR{ k?:;•r:?F,:>:Y4dC•k;C,�','.�,;o-?gy�.r; �YSF<:;::•:; &`.;�4,:i> \,+e$:.^.•:Ri:•:•YiYYiY:{•:`::•Y::{•Y:•Y:•::•:•:{ti•Y:{• YY:S:4iii INIMMINEMPKAMINME14rEINNO Y:•iY:v ::•!.••r:r::r::::w.v:4:::.w::::::::::;n.;.: ..v:,L,':::Y •. Yi i1Y:{•i:' Healthy trees to remain 8 16% TREE DATA Caliper TREES REMOVED No. inches Fir 15 346 Oak 23 465 Ash 2 35 Hawthorne 1 13 NEW LANDSCAPING New trees planted (per revised plan of (227) 4/1/97) TOTAL CR I'ER` S NOT .............................................................................................................................. ...............................................................................::........................... ........................................................................................................................................................................................................................................... PERS has received approval form ODOT to plant trees in the public Right of Way (ROW) of Interstate Highway 5 adjacent to and immediately east of our site. The timing for this work is not yet determined with ODOT and the Department of Corrections for use of inmate labor. PERS would like an agreement with the City that if these trees are planted in the adjacent ROW within a period of nine (9) months, the City will return a portion of the above payment equal to the caliper inches planted in the public ROW. Please call me regarding this issue. Sincerely, RQt& Ca, Pete Daniels cc: David Bailey, Deputy Director, PERS Phil Rude, FFA Architects pera tree mitigation accounting.wpd MAY-22-1997 15:52 MILSTEAD & ASSOC INC P.02 M&A ASSOC;±IATES, inc CONSTRUCTION PROGRAM MANAGERS Three Town Center 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 May 22, 1997 Mr. Mark Roberts, A.LC.P. City of Tigard, Community Development Department 13125 SW Hall Boulevard Tigard, OR 97223 RE: PERS Office Building, 11410 SW 68th Parkway,Tigard, Oregon Building Permit No.BUP-96-0441 Dear Mark: The landscape work for this project has been delayed due to record rainfall this past winter. The ground did not sufficiently dry out this spring to start the final grading and landscape work in time to meet our completion and occupancy date of June 2, 1997. The final grading and installation of the irrigation is currrndy underway and planting is scheduled to start soon. We expect that work will be finally completed by the end of June. The value of the remaining work at the end of this month is conservatively estimated as$80,000. The General Contractor will furnish the required bond based on the value of the remaining work. Sincerely, Peter F. Daniels TOTAL F.02 ;; SENDER: • V ■Complete items 1 and/or 2 for additional services. I also wish to receive the Ft •Complete items 3,4a,and 4b. following services(for an y ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai > •Attach this form to the front of the mailpiece,or on the back if space does not 1. CI Addressee's Address 6. permit. of ID •Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery u .E, •The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. I:, 3.Article Addressed to: 4a.Article Number d d ERIC MARSH P 431 238 683 c a E DRAKE cQ2IQ1 4b.Service Type o , v 437 NORTH COLUMBIA BOULEVARD ❑ Registered [ Certified °C w PORTLAND OR 97217 ❑ Express Mail ❑ Insured Ft C ❑ Return Receipt for Merchandise ❑ COD } C 7. D3IJe of D live ° Q �2� _ 3 O i cc T 5. Received By: (Print Name) 8.Addressee's Ad ress(Only if requested w and fee is paid) r cc e r 6. Signatu •: .,ress a or Agent) O X • P co PS Form c : , Dec- ber 1994 Domestic Return Receipt P 431 238 i[.83 o 'Receipt for 11P- Certified Mail f No Insurance Coverage Provided mrIEosr.rrs Do not use for International Mail sr.A,.er (See Reverse) 'iC Marsh - DRAKE CONST. 4 Street and No 437 Nnrt-h Columbia Rlvd 4a P 0,State and ZIP Code C Portland OR 97217 Postage CD $ ▪r�.l Certified Fee J Special Delivery Fee LiRestricted Delivery Fee 0 4-1 Return Rep I,` to Whom cei&Dt ate Delivered Showing I t () a 01 Return Receipt Sig C Date,and Ad. : seh'a'Addy ss 4 TOTAL Pas*MIP- �J JJ 0 &Fees _ 2,' 1 cc,g 0 Postmark Cr I at' /� ` �� M O Off`' J�Q • O a d July 2, 1997 (74 CITY OF TIGARD OREGON Eric Marsh Drake Construction 437 North Columbia Boulevard Portland, OR 97217 Re: Release of Landscape Improvements Performance Bond for the PERS Building Dear Mr. Marsh: This letter is in response to your request for City release of the bond that was posted to assure completion of the required landscape improvements at the PERS Office building at 11308 SW 68th Parkway in the City of Tigard. Upon inspection of the landscape improvements, the Planning Division finds that the landscaping that has been constructed is in compliance with the requirements set forth for the project during the Site Development Review issued for the site. For this reason, the City authorizes the release of the entire $80,000 value of Landscape Improvements Performance Bond No. 81400517 secured by Federal Insurance Company. Enclosed is the original Landscape Bond indicated above and the associated Power of Attorney. If you have any questions, please feel free to contact me at (503) 639-4171. Sincerely, ‘17/141,4 i , Mark Roberts Associate Planner, AICP is lcu rp l n\rn a rk_r\p a rs l s.d oc Attachments (2) c: SDR 96-0010 land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 CONS T RUC'1CN MAY 2 2 1997 LANDSCAPE IMPROVEMENTS PERFORMANCE BOND Bond No. 81400517 KNOW ALL MEN BY THESE PRESENTS: Thee we. Donald N. Crake Company • as Principal and Federal :nsrrance Comcanv , a Corporation argent�od and doing business under and by virtue of laws cf the Stoma of Indiana and duty ticernsad to conduct s general surety business trl the State of Oregon, as Surety, are hold end tlrrrrty bound unto City of Tigard. CR ea Obligee in the sum of 380,000.00 EIGHTY THOUSAND AND NO/100 DOLLARS Dollars for which payment. well and truly to be made, we bind aunia#Yes, our heirs, seers and woxssors..jointly and wierm firmly by these presents. THE CONDmON OF THE OBLIGATION IS SUCH TKAT: WHEREAS, the abcryip naked Principal, as a rionCtrion trf Me Temporary Cart icate of Occupancy for Public croleve R-r u: giro, S.W. Haines St. 8 68th Park‘yav, Ti ard, 03 _ __ entered Into en agreement or agreements witt1 said Obligee to complete the irnprov ernerrt spaded in said agreement or agrssrrwnta. NOW THEREFORE. the condition of the oofig:tion is such, met rf the above Principal shall WO and truly perform said agreement or agreements during the original germ thereof or for any sotsrbion of said term that may be granted by the Obliges with or wet out notice to the Surety this Obligidion shell be void. otlmwise it snail remain in f form and creed IN WITNESS THEREOF, the seal and eisrtsture of said Principal * hereto affixed and the Corporate seal and the name of;aid Surety is here a affixed and attested by its duty auk ALtotney_Zd-fact Z n airi_e Vi-lace, KS , fleet 's_ day of u , . 149 pRINCIPAj, SURETY Donald M. Crake Company Federal :nsurance Company 437 N. Columbia Blvd., Portland. CR 97217 1; '4tcuntain View Rd. , Warren, NJ 07061-1615 (908)903-2000 Jain 4enkop,ttorney-in-r,ct POWER OF ATTORNEY FEDERAL INSURANCE COMPANY ATTN: SURETY DEPARTMENT 15 Mountain View Road, Warren, NJ 07059 Telephone: (908) 903-2000 Fax No.: (908) 903-3656 Know all Men by these Presents, That FEDERAL INSURANCE COMPANY, an Indiana Corporation, has constituted and appointee, and noes hereby constitute and appoint James C. Pateidl, Janet L. Rehkop, Melissa D. Evans, Patrick T. Pribyl, Kevin D. Kalish, Douglas P. Irvin, Diane Angers and Betty I. McCreight of Prairie Village, Kansas Cynthia A. Whitehouse, Debra J. Scarborough, Katherine D. Morin of Kansas City, Missouri each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix Its corporate sea to and aeliver for and on its behalf as surety thereon or otherwise.bonds or obligations(other than Bail Bonds)given or executed in the course of its business,and any instruments amending or attenng the same, and consents to the modification or alteration of any instruments referred to in said bonds or obligations. In Witness Whereof,the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws,caused these presents to be signed by its Vice Presioem end Assistant Secretary and its corporate seal to pe hereto affixed des 13th daY&January 19 97. Corporate Sea S U R A N C NCF 4,;-, FEDE-•L INSURANCE COMP * ^ By • Assistant Secretary STATE OF NEW JERSEY SS. County of Somerset On ilia 13th day°' January 199 7 .betwa me personally came Kenneth C.Wendel to me known and by me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,the corporation deacnbd in and venom executed the foregoing Power of Attorney.and the said Kenneth C.Wendel being by me duly sworn.db Depose and say that he is Assistant Secretary of FEDERAL INSURANCE COMPANY and knows the corporate seal thereof.that the seal affixed to the foregoing Power of Attorney is such corporate seat and was thereto affixed by authority of the By-Laws of said Company.and era: he signed said Power of Attorney asAwatant Secretary of said Company bytes authority.and that he is acquainted with Frank E.Robertson and knows rem to bathe Vice President of said Company.and roan ise ugnamse of said Frank E.Robertson a leenMa to said Power of Attorney son the genuine hancheni ig of said Frank E.Robertson and was thereto subecnled by si thorny of said By-Laws and in deponent's presence. Notanal Seal �, �hL r' +� • • NOTARY :S ? Ack novneOged and Sworn to before rlfe jthe Oat above wrmsn_/��� ▪ vJ6uc �,.`'';s` °r�' WEhDIE P Notary Public • CE �AT1OM Note Public,State of New Jersey STATE OF NEW JERSEY ss. No.D05CED4 County of Somerset Commission Expires Apri IE tggg I.the undersigned.Assistant Secretary of FEDERAL INSURANCE COMPANY,oo hereby certify troi the following is a true excerpt from the By-Laws of tie said Company as adopted by its Boars of Directors and ma this By-Law rs in furl force and effect. 'ARTICLE XVII Section 2.All bonds,undertakings.contracts and other instruments other than as above for and on behalf of the Company welch rt s sumonzed try law Or its Charter to execute.may are shall be executed on the name and on behalf of the Company either by the Chairman or the Voce Chairman or the President or a Vice Presdem,piney with the Secretary or an Assistant Secretary.under their respective designations.except that any one or more officers or attorneys-in-fan designated in any resolution of the Board of Directors or the Executive Committee.or on any power of attorney executed as provided too in Section 3 below.may execute any Such bond,unOeraking or other obligation as provided in such resolution or power of attorney S80.0113.All powers of attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice Chairman or the President or a Vice President or an Assistant Vice President.minty with the Secretary or anAaastam Secretary,under trier respective designations The'couture of such officers may be engraved.primed Or Irthograpred The signature of each of the foeowmg officers Chairman.Vice Chairman,President,any Vice President.arty Assistant Vice President,any Secretary,any Amman!Secretary and the seas of tie Company may be affixed by facsimile to arty power of attorney or to any certificate relating thereto appointing Asastam Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bongs and undertakings and other wettings obligatory in the nature thereof.and any such power of attorney or certificate bearing such facsimile signature or facsimile seal small be valid and binding upon the Company and arty such power so executed and certified by such fecaimlle signature and facsimile seal shall be valid and bonding upon the Company with respect to any bond or undertaking to wnocn it is artacted' I further certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business on each of tie Stales Of the Orated Sates of Amenca.Dstnct of Cauroda.Puerto Rico,aria each of the Provinces of Canada with the exception of Ponce Edward Island,and is also duly 110111111140 to become sae surety on lords.undertakings.etC.,permitted or required by law I,the undersigned Assistant Secretary of FEDERAL INSURANCE COMPANY.Oo hereby certify that the foregoing Power of Attorney a at All IOfCe wise= le t �t �{ Given under m e seal of said Company at Warren,N.J.,this i J%1 +' day Of , 19 SuR��v Gorborate �c \CI G �ti,i►wive � - tom' Mtleeset Secretary • ( IN THE " -: 1'' •U WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF II ANY OTHER MATTER,PLEASE WRITE TO US AT THE ADDRESS USTED ABOVE. corm t5-t0-0i85 f Ed P-95i CONSENT Background information regarding Easements RE: EASEMENTS BACKGROUND CORRESPONDENCE FRC11 ENGINEERING DEPARTMENT '-•. . •.---,I. - -.1, k .. '1 1 .t 't t t .. 1 V 1 V ', fir . , , , , . -\ ‘ \ ' ' ', , ‘1 '. 'I '. :..-,,':• .' • •' •:..•'1,..4.■'■';',• ..j PeedS. .,,..••••• • •,.•' '..,V.••:■,...:.1.'... . ..,. '',::.4:....'A:.'''''''..1'''. • ' 1 '. 1 jr:„i.7-( (ti 1 A ' I.._.._... r. 't. ,*.. '...ILL!l'A4.` ' -40.0. 1 /006 -'L ' 1 .•,1 1 f.7 i..? ' I A., 0 1 k LW...4/ ' Zitt....."440 Z- ViVeitV1441* i... I . , LI r-.:,:: tt,..,i______ __GoArt iii., (4( a 4,4 ezielf) faa tc., i)._ . ... ir.. __,..___ _ . t si"-' _ —111CAAL.f______AreA 111.)c,(‘---4-ti 04,4 ti7'; ,•• -.4.:".7-:=7::--.-•'?-7,••;--• _ 11, ,-. L •• — - ._.__... . ,.. . . . t L_ .._.2.-,...1394.___eSL441___ CIAUSse- > — _)0 L'-51(-4----- S ...._ . , 11 A i •,c.'.. _reiZ._.....A_c..... t. - p4-41.- : 1 ' ' ' •'' # 0 /2- C 4 *1-__<,,ifE_ ,L__ ,________. ______/2t±4..../AL_--.7.__aw_ks_51.___ ..... 0 li ;._....... Is lete____.4 Li ____,- . 30....2 t ........ . U-.....S.,. ..i 1 .4, :,,,,i :i; ,... . ....,. .:. I 4. __....._ ,• . . . ... :. . I. -...----- -.1. ;• . _ 1 ‘ — ■ i L , ..■...... -. -.-..-.- ...-....-.,- ...-.-•. ...........-.-.=,- ■ : I i. . . . . . . , . Vflqar 5 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT STORM SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),hereinafter called the Grantor,grants and conveys unto the City of Tigard,hereinafter called Grantee,a perpetual easement for the maintenance,operation,reconstruction, inspecting, repairing and necessary access for the conveyance of storm water over and through the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described as follows: PROPERTY DESCRIPTION: The property is as described in Westlake Consultants Inc. letter of March 28, 1997, Project No. 560-14-96 and Attachment"A". The storm water originates from two (2)existing catch basins in SW Haines Street through an outlet pipe in an existing drainage easement(Washington County FEE No. 80-022549)on the south side of the PERS property. The storm water will flow from an existing outlet,then across or under the PERS property in a drainage swale and pipe, as shown on the"Record"drawings,thence into an existing city storm water inlet located on the PERS property west of the existing sidewalk along SW 68th Parkway. The inlet(which is not located in a drainage easement) is approximately 280 feet north of the SW Haines Street intersection with S.W. 68th Parkway and connects to an existing storm drain line within S. W. 68th Parkway. THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title or interest to the surface of the soil, nor any other rights except those expressly provided herein,nor otherwise prevent Grantor from the full use and dominion thereover; provided,however,that such use will not interfere with the uses and purposes of the intent of this easement. in the event Grantee requires access to the easement-to perform any repairs, re1ccements, alterations or other wo Grantee shall, except in the case of an emergency, provide Grantor with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonab interference with Grantbes-rise of Grantor's property. Liability; Indemnification. Grantor shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands, losses, liabilities and expenses (including attorney fees) arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation, or which ? constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building. TERMINATION,Grantee agrees that if said Grantee its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantor, its PERS storm drainage easement page 2 %-r' s(u117 . 1 • successors, and assigns in the case of such event. In addition, Grantor may terminate this agreement upon six months written notice if Grantee or The State of Oregon by and through its Department of Transportation make other provisions for disposal of storm water originating in S. W. Haines Street which flows onto the PERS property thru a drainage easement recorded as Washington County Fee No. 80043922. Memorandum of Termination. At any time after providing written notice pursuant to the above paragraph, Grantor may record a memorandum of termination in the Washington County real estate records. Grantor's signature alone on such memorandum shall be sufficient to effect termination of this easement, however, Grantee shall execute such memorandum if requested by Grantor. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand this day of Aeri I , 1997 GRANTOR: State of Oregon, acting by and through the Public Employes' Retirement System . a '40' Signature: MAW \ice Name: I.v r a .•/-(71 Title: oJt? t r.--1° Date: SI— I4i-i 7 4 s: , OFFICIAL SEAL i6"" ' CAROL A.WHELAN Witness ,0 NOTARY PUBLIC-OREGON r r; ` '+' COMMISSION NO.052611 STATE OF OREGON ) () MY COMMISSION EXPIRES JUNE 11,2000 )ss. County of Washington ) Thi instrument lat,as acicnowledgpd before me on ( z4 //5//f 92 (Date)by if 6 1 i (L .66AarY' 2L 2L-a 7 - (name(s) of person(s)) as (type of authority,e.g. officer,trustee, etc.) Of Pak/ e n D L a t'E/1 i,e 6 n 4 1 U f 4 6-i E r( (N f party on balf of whom instrument was executed). Notary's Signature My Commission Expires: //� ,400 GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) ) s5. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s) of person(s))as (type of authority, e.g. officer,trustee, etc.) Of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS storm drainage easement page 3 • WESTLAKE CONSULTANTS 1Nic. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Storm Sewer Easement Project No.: 560-14-96 March 28, 1997 PROPERTY DESCRIPTION A tract of land situate in the Southeast 1/4 of Section 36, T. 1S., R. 1W., Willamette Meridian, Washington County, Oregon, also being a portioapf Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being more particularly described as follows: .•ii Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along said line on a 359.50 foot radius curve to the right through a central angle of 34°37'55", (chord bears South 15°29'21" East, 214.00 feet) a distance of 217.30 feet, to the TRUE POINT OF BEGINNING; thence, leaving said line South 43°14'23" East, 27.52 feet; thence South 46°45'37" West, 13.95 feet; thence South 43°14'23" East 18.45 feet; thence, along the arc of a non-tangent 130.17 foot radius curve to the left, through a central angle of 77°25'40", (chord bears South 4°31'33" East, 162.82), a distance of 175.91 feet to a point of compound curvature; thence, along a 56.17 foot radius curve to the left, through a central angle of 80°08'46", (chord bears South 83°18'46" East, 72.32 feet), a distance of 78.57 feet; thence, South 43°14'23" East, 37.21 feet; III Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard,Oregon 97224 Page 2 of 2 Property Description Project No.: 560-14A-96 thence, along the arc of a non-tangent 209.15 foot radius curve to the left, through a central angle of 15°18'40", (chord bears South 58°16'23" West, 55.72 feet), a distance of 55.89 feet, to a point on the north right of way line of S.W. Haines Street; thence,along said right of way and said right of way of S.W. 68th Parkway the following six courses: North 87°48'53" West,43.25 feet; thence, along a 268.73 foot radius curve to the left, through a central angle of 4°16'02", (chord bears North 89°56'53" West,20.01 feet), a distance of 20.01 feet; thence South 87°55'07" West, 46.37 feet; thence, along a 46.95 foot radius curve to the right, through a central angle of 123°35'08", (chord bears North 30°17'19" West, 82.75 feet),.a distance of 101.27 feet; thence, along a 256.48 foot radius curve to the left, through a.kentral angle of 2°28'01", (chord bears North 32°49'25" West, 11.04 feet), a distance of 11.04 feet; thence, along a 359.50 foot radius curve to the left, through a central angle of 32°09'19", (chord bears North 17°54'17" East, 199.12 feet), a distance of 201.76 feet to the TRUE POINT OF BEGINNING. Contains an area of 0.40 acres, more or less. JEW:3/28/97 h:/admin%56014/survey/pd560l4a.doc/jk ,r N '� SURVEVC JULY GAR Y R.2 �ev� v4 ` 12 I 1 /97 III AYK— J-J/ w;rll 4:41 YM Whb I LA2, (UNJULTANTS if AA AU. b1J3 b'l4 U 15'1 P. EXHIBIT A .4 ti A = 34'37'55" 6 R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CB = 515'29'21"W 54314'23"E 56014EX.DWG co 27.52' SCALE 1" = 80' * 4-07-97 I N46'45'37"E -o 13.95' p = 7725'40" R = 130.17' 1 L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CB = SO4'31'33"E " L = 201.76' -- N4314'23"W C = 199.12' 18.45' C8 = S17'54'17"W 6 = 80'08'46" R = 56.17' rL = 78.57' A = 02'28'01" C =72.32' R = 256.48' rple---". C B = S8318'46"E L = 11.04' �C = 11,04' �sr' CB = S32'49'25" ice `�uF, A = 123'35'08" /'�—, R = 209.815'0" R = 46.95' / S8T55'07"W N87'48'53"W L = 55.89' L 101.2 46.37' 43.25' C 55.72' C = 82.75' CB = S58'16'23"W CB = 3017'19"E 8 W HAl 8TH A = 0416'02° R = 268.73' L = 20.01' C = 20.01' C8 = N89'56'53"W I1ATE 4-8-97 III W E STLAKE CRAM BY JEW CONSULTANTS 04c. CHECKED 8Y GRA ENGINEERING • SURVEYING • PLANNING RE195 ONS PACORC CORPORATE CEMER 15115 3.1. 9�Q UO1A PASE1►AY, SUITE 150 (503)1 664-0652 1.08 Kt. 560-14 TIGAaa.ORSGN 97224 FAX (5O3j 324-0157 • • MAY-20-119997 10:04 MILSTEAD & ASSOC INC P.01 1 G.pp A MILSTEAD & ASSOC"IpTES inc tel. (503)654-2336 CONSTRUCTION PROGRAM MANAGERS fax. (503)654-2698 10121 S.E. SUNNYSIDE ROAD, Suite 335 CLACKAMAS, OREGON 97015 Transmittal Form SENT VIA: Cl mail 0 messenger i4ax 0 hand carry FOR YOUR: info ❑ action 0 review C7 TO: Ott aM - .-._. - FROM: V �� - GPs DATE: , .. ,r RE: ..� � _ _ _. _ - _ � vim.__ .�_-_ Ma 1 � ATTACIIlKIIVT5 - - c�e REMARKS: a %4.(-- -- auX du • i • X (6!D`k- S ."-Te des cri P o.J C/o S, u t (4 id'eS are Net k-0 -J {d edvl N, o N •2 Sp. 4-B1 7f. o1, us CWry S�,ou f d b e ��' f11vtiiey C u rrr..es tx,/TJj Q digs Of 35 l�Sc� `F Z4,,`-B Aict ,ub t47-e.Jt' cN •act 1-(s:.0 y dk o,,d B€,-,--09 a t N 3 4°4-9 z s'E 11,0 4' 017°6-4 'i? "E )99. /Z MAY-20-1997 10:05 MILSTERD & ASSOC INC P.02 Return recorded document to CTIY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes'Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon,owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC,having an address of 708 Third Avenue,28th Floor,New York,New York 10017,owner of parcel 1,the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer earsQ.ent through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel(the `Key Utility Parcel'). The existing eat are as described in Exhibits"C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is$0.00. How ever,the actual consideration consists of or includes other property or value given or promised which is the whole consideration_ IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereaver,provided,how ever,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement In the art Grante_ru ires access to the easement to perform any repairs,replacements, alterations or other work, Grantee shall, except in the case of an emergency,provide Grantors with•af-least seven days advance written notice o f..Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property,including-the-obligation to employ labor at overtime or'ttther- .premium pay rate..]Graff at Grantee's expense, shall restore the Key Parcel and the PERS Parcel,and any of Grantors'property,after the completion of such repairs, replacements,alterations or other work performed \by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its ooiartors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses,liabilities and expenses (including attorney fees) PERS sanitary sewn casement page 1 ' h1AY-20-1997 10:06 MILSTEAD & ASSOC INC F'.0 • • arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law,rule or regulation,or which reinstitute a public health hazard,as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping' or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel_ EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road(the"Access Road")between the common boundary ofthe Key Parcel and the PERS Parcel so as to provide a sanitary sewer assonant access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". „ coTne s trpuacanes d h meraeto in ahian e th e a lloted Access R oad,betwe en ha vthe eaumsel tbovreis Te and th e th epirr o successors of n d/and or athse i ggnras nthtine g o obf li tge ti Uontis l itto y Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions,Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the "Utility Easement-referred to in Section 7 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions,covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights,interests and obligations, subject to and with the benefit of all terms and conditions of this Agreanent. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION; thlach In the event any party shall fail to perform its obligations under this Agreement,the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10)day period. indemnification Each party shall indemnify,defend and hold the other party harmless from and against any and all claims,agxli_ses, liabilities,loss,damage,and costs (including reasonable attorneys' fees)incurred in connection with, or arising from, due to,or as a result of i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary coca a page 2 MAY-20-1997 10:06 MILSTEAD & ASSOC INC P.04 or employees,or ii. injury or death of pessoos,damage to property,or claims of lien arising from and attributable to work or labor performed,materials or supplies furnished in connection with,or other use by a party of the easements and rights granted hereunder. DISPUFE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breath hereof, shall,upon the request of any party involved, be submitted to and settled by arbitration in Portland,Oregon, pursuant to the rules then in effect of the American Arbitration Association provided,however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construe ioa lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal,having jurisdiction. The expenses of the arbitration shell be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective enless embodied in a writing signed.by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including,without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys'fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee reparity shall be liable solely in such capacity and not othervorise. (h) By the execution below,the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer earrocat Mt'3 MAY-20-1997 10:07 MILSTEAD & ASSOC INC P.05 2. KeyC'.orp..tenant's guarantor,and 3. Jahn Hancock Mutual Life Insurance Company,John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel_ (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original,but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand this, day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on _ (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68* Parkway Key LLC,an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson, Trustee PER S asgnaty sewer woman pagc 4 • MAY-20-1997 10 06 MILSTEAD & ASSOC INC P.06 By: The Benenson March 1985 Trust Member By: Emanuel Lubin,Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A.Migdon,Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as trustee of The Charles B. Benenson Family Trust iJ/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: ACKIMIEIKMEEE STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company_ Notary Public for New York My commission expires: PERS sanitary sewer easement tmgc 5 MAY-20-1997 10:08 MILSTEAD & ASSOC INC P.07 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997,by ,as co-trustee of The Beneason March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: Consented and agreed: Key Services Corporation BY: KeyCorp. BY: PERSsmAwysmermmucd *ge6 • • MAY-20-1997 10:08 MILSTEAD & ASSOC INC P.08 John Hancock Mutual Life Insurance Company BY: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature_ Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT F'Exs icy SCWer Casmmag. Page 7 • • I'1AY-20-1997 10:09 MILSTEAD & ASSOC INC P.09 EXHIBIT A WESTLAKE CONSULTANTS i.'rC. EVGLNEERING • SURVEYING'• PLANNING Phones 503 6840652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 114 of Section 36,T. 1S.,R. I W., Willamette Meridian, Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records,being a 15-foot strip of Land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07'East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW:4/11/97 REGISTERED PROFESSIONAL SURVEYOR k•/adnv✓56Q1 s/svrveylpd56014bdu/fE tN\:-1 OREGON JULY 25.1990 GARY R.ANDERSON 2434 e�ceu-a t 1- 1/5--) hi Pacific Corporate Center, 15115 S.W.Sequoia Parkway,Suite 150,Tigard,O.eKon 91224 MAY-20-1997 10:09 MILSTEAD & ASSOC INC P. 10 EXHIBIT A (CONTCNUEP) J PARCEL 1 'KEY PARCEL" / ‘4," •€‘ 1 x, '1 / 4 C34:'''' `5-' s 4 V g9' a� ` . FARCE L 2 I' PERS eb A = 34.37'55" PA FCC E L U R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515-29'21"W 543-14'23"E 56014EX.D WG m 27.52' sc&i 40 �' ao' * 4-07-97 b Nob 45'37"E 13.95' A 7725' ° I R = 130.17' L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = SO4'31'33"E L = 201.76' -- N4314'23'W C = 199.12' 18.45' CS = Sl7'54'17"W A = 84'08'46" R sr 56.17' / L = 78.57' A = 0228'01" [' 'Z' C =72.32' R = 255.48' CB = S83't 8'46"E L = 11.04' � C = 11.04' c sr- CS .r 532'49'25"E, - A = 123'35'08" *................-> _ R = 209.15'0. R = 46.95', / 587'55'07"W �N87.48'53"w L = 55.89', L : 101.27' 46.37 4125' C = 55.72' = 82.75' C8 = 558'16'23"W CS = 30'17'19"E 8 W SI1REET A 0416'02" R = 258.73' L = 20.01' "1E 4-897 C = 20,01' WESTLAKE CS = N89'56'53"tN p`� jEvy CONSULTANTS we s�GRA • INE +c • SUEVEYrvc • Pt. INC P4G71C CCRPVRA R.„ 1 t S.t. 951 l�PEwAY, S7rrK tso tSD7} aaa 478 Na 7]G4in1,0sgt4 2772 1R7G(5�{ Q2"-Q:57 560-14 . .. —-- --- •- --.. . _ — From: Self <FINANCE/BRIAN> To: Gus,Bill Subject: PERS Storm Easement Date sent: Thu, 15 May 1997 12:39:51 Gus has asked me to take a look at a proposed public "Easement Agreement -- Permanent Storm Sewer", submitted by Pete Daniels (M&A), on behalf of PERS. Gus noticed right away that the "agreement" has special language specific to the PERS site. I have reviewed the agreement and confirmed that it DOES NOT conform to our standard City form for a public storm drainage easement. Bear in mind that they are trying to satisfy a condition of approval that was required prior to issuance of the building permit, but was waived until occupancy because of problems they were having at that time getting documents processed. Now, here we are at the last minute again with these folks, who now want occupancy and are just now getting this easement to us for review. The changes I see in the easement are as follows: 1 . They modified the opening paragraph which states what the easement is for, 2. They added an entire paragraph that speaks to where the drainage is coming from (off Haines Street), how it travels across the site, and where it enters 68th Parkway. I see this as unnecessary and irrelevant to an easement. But they are attempting to turn it into an "easement agreement". 3. They've added clauses that require the City to give them 7 days written notice before we enter their site to work in the easement, except for emergencies. I do not believe we should do this. Our public works people would have to remember this site, separate from any other site in the City, as one that requires written notice for routine maintenance. 4. They have added a clause speaking to liability and indemnification, in the event we, or our contractors work in the easement and suffer a loss or damage. 5. They added a clause that directs the City to not cause damage to their paving, landscaping, irrigation systems or underground utilities, while using the easement. 6. They added language to the clause that speaks to vacation of the easement. If we, or ODOT, decide to redirect the storm water in Haines to another location, they have the right, after giving us six months written notice, to terminate this easement. Bottom line. We direct applicants to use our standard forms for public easements and, to my knowledge, do not allow "tailor-made" public easements without review by our City Attorney. I see our choices as follows: 1) we tell PERS to re-do this easement on OUR form, or, 2) we send their proposed "agreement" to our attorney for their review prior to signing. And yes, we should not give them occupancy until this matter is resolved (assuming this were the only issue holding it up). Please advise as to what you would like to do. Thanks _ • FAX TRANSMITTAL =�I J Date May 15, 1997 Number of pages including cover sheet 2 To: Pete Daniels From: Brian Rager Co: Milstead & Associates Co: City of Tigard Fax #: 654-2698 Fax #: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS Storm Easement MESSAGE: See attached letter. I ENGtFAX OOT - , - City Engineer t 1 . 1'1 John H. Karleen 1. Iii Action Required .......4■,Xj"-,) tr-.-.- wilj ...-d"-4,-) : it 4--1"-"-- 1-2-1-e—emarits N V' 1/ 4.-r----- ' --k----4" -e------4-1' - ,,k''" , ,7,--- ,k, k tifLo_4 0—A- ? \,.,:i, ( Ilk CITY OF TIGARD OREGON May 15, 1997 Pete Daniels Milstead & Associates, Inc. 10121 SE Sunnyside Road, Suite 335 Clackamas, OR 97015 VIA FAX: 654-2698 RE: PERS, SDR 96-0010 PUBLIC STORM DRAINAGE EASEMENT Dear Mr. Daniels: We have reviewed the proposed Easement Agreement for public storm drainage that were submitted to our office on May 6, 1997, and must inform you that we can not accept it because it does not conform to our standard public storm drainage easement form that was supplied to your firm earlier in the development review process. Please use the City's standard forms for submittal of any public easement. I will have our surveyor go ahead and check the legal description and sketch map in the meantime. Sincerely, Brian D. Rager, PE Development Review Engineer 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503) 684-2772 MQ -A M I LSTEAD & fix- ASSOCIATES, Inc. CONSTRUCTION PROGRAM MANAGERS Three Town Center 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 May 6, 1997 City Engineer City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Public Employees Retirement System, 11410 SW 68th Parkway, Tigard, Oregon Gentlemen: Enclosed are two (2) signed copies of an Easement Agreement for a permanent storm sewer on the site of the new PERS headquarters building. Please sign and return both copies to me at your earliest convenience. We will then record the fully executed easement with Washington County. This easement is a condition of occupancy as required by the Site Development Review. Sincerely, Peter F. Daniels EV-Eng" Enclosure MAY 61997 CI1.Y OF TIGARD Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT STORM SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon,acting by and through the Public Employes' Retirement System(PERS),hereinafter called the Grantor,grants and conveys unto the City of Tigard,hereinafter called Grantee,a perpetual easement for the maintenance,operation,reconstruction, inspecting, repairing and necessary access for the conveyance of storm water over and through the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described as follows: PROPERTY DESCRIPTION: The property is as described in Westlake Consultants Inc. letter of March 28, 1997, Project No. 560-14-96 and Attachment"A". The storm water originates from two(2)existing catch basins in SW Haines Street through an outlet pipe in an existing drainage easement(Washington County FEE No. 80-022549)on the south side of the PERS property. The storm water will flow from an existing outlet,then across or under the PERS property in a drainage swale and pipe, as shown on the"Record"drawings,thence into an existing city storm water inlet located on the PERS property west of the existing sidewalk along SW 68th Parkway. The inlet(which is not located in a drainage easement)is approximately 280 feet north of the SW Haines Street intersection with S.W. 68th Parkway and connects to an existing storm drain line within S.W. 68th Parkway. THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title or interest to the surface of the soil, nor any other rights except those expressly provided herein,nor otherwise prevent Grantor from the full use and dominion thereover;provided,however,that such use will not interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantor with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantor's use of Grantor's property. Liability; Indemnification. Grantor shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands,losses,liabilities and expenses (including attorney fees)arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard,as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building. TERMINATION,Grantee agrees that if said Grantee its successors or assigns should cause said easement to be vacated, the right of the Grantee in the above-described easement will be forfeited and shall immediately revert to the Grantor,its PERS storm drainage easement page 2 successors, and assigns in the case of such event. In addition, Grantor may terminate this agreement upon six months written notice if Grantee or The State of Oregon by and through its Department of Transportation make other provisions for disposal of storm water originating in S. W. Haines Street which flows onto the PERS property thru a drainage easement recorded as Washington County Fee No. 80043922. Memorandum of Termination. At any time after providing written notice pursuant to the above paragraph, Grantor may record a memorandum of termination in the Washington County real estate records. Grantor's signature alone on such memorandum shall be sufficient to effect termination of this easement, however, Grantee shall execute such memorandum if requested by Grantor. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand this /(7(v day of 4/Ord , 1997 GRANTOR: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: i,v.d Title: &recdo r Date: 't— ' -'r Witness STATE OF OREGON ) )ss. County of Washington ) Thi instrument was acknowledged before me one �/V /,"7 (Date)by �i�' C3 i Le_Y, !�G/ L i Y )2),72_44.e._7-0/4_. (name(s)of person(s))as 0 '�' ' :•_.v 'LA •��.;.;.J E,. >< v (N of parrty pon behalf of 'whom ent was executed). NOTARY PUBLIC-OREGON COMMISSION NO.052611 (. Notary's Signature MY COMMISSION EXPIRES JUNE 11,2000 My Commission Expires: ylui& GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority,e.g. officer,trustee,etc.) Of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS storm drainage easement page 3 WESTLAKE CONSULTANTS INC. ENGINEERING ♦ SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Storm Sewer Easement Project No.: 560-14-96 March 28, 1997 PROPERTY DESCRIPTION A tract of land situate in the Southeast 1/4 of Section 36, T. 1S., R. 1W., Willamette Meridian, Washington County, Oregon, also being a portion.pf Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Whington County Deed Records,being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along said line on a 359.50 foot radius curve to the right through a central angle of 34°37'55", (chord bears South 15°29'21" East, 214.00 feet) a distance of 217.30 feet, to the TRUE POINT OF BEGINNING; thence, leaving said line South 43°14'23" East, 27.52 feet; thence South 46°45'37" West, 13.95 feet; thence South 43°14'23" East 18.45 feet; thence, along the arc of a non-tangent 130.17 foot radius curve to the left, through a central angle of 77°25'40", (chord bears South 4°31'33" East, 162.82), a distance of 175.91 feet to a point of compound curvature; thence, along a 56.17 foot radius curve to the left, through a central angle of 80°08'46", (chord bears South 83°18'46" East, 72.32 feet), a distance of 78.57 feet; thence, South 43°14'23"East, 37.21 feet; hi Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard,Oregon 97224 J � Page 2 of 2 Property Description Project No.: 560-14A-96 thence, along the arc of a non-tangent 209.15 foot radius curve to the left, through a central angle of 15°18'40", (chord bears South 58°16'23" West, 55.72 feet), a distance of 55.89 feet, to a point on the north right of way line of S.W. Haines Street; thence,along said right of way and said right of way of S.W. 68th Parkway the following six courses: North 87°48'53" West, 43.25 feet; thence, along a 268.73 foot radius curve to the left, through a central angle of 4°16'02", (chord bears North 89°56'53" West, 20.01 feet), a distance of 20.01 feet; thence South 87°55'07" West, 46.37 feet; thence, along a 46.95 foot radius curve to the right, through a central angle of 123°35'08", (chord bears North 30°17'19" West, 82.75 feet),ea distance of 101.27 feet; thence, along a 256.48 foot radius curve to the left, through a.ientral angle of 2°28'01", (chord bears North 32°49'25" West, 11.04 feet), a distance of 11.04 feet; thence, along a 359.50 foot radius curve to the left, through a central angle of 32°09'19", (chord bears North 17°54'17" East, 199.12 feet), a distance of 201.76 feet to the TRUE POINT OF BEGINNING. Contains an area of 0.40 acres, more or less. JEW:3/28/97 TelTi ED h.admin/56014/survey/pd56014a.doc/jk ND SUM/�� JULY 25, 150 GARY R. ANDERSON 2434 \ I2 f (57 ICI APR- 9-97 WED 4:41 PM WESTLAKE CONSULTANTS FAX NO. 503 624 0157 P. • EXHIBIT A i. ,gr: '0" <5, A = 34'37'55" R = 359.50' • L = 217.30' C = 214.00' P.E.R.S. CB = S15'29'21"W S4314'23"E 56014EX.DWG ao 27.52' SCALE 1' = 80' 4-07-97 1 N46'45'37"E M i13.95' p = 77'25'40" R = 130.17' I .� L = 175.90' A = 32'09'20" C 162.82' R = 359.50' CB = SO4'31'33"E L = 201.76' --� N4314'23"W C = 199.12' 18.45' CB = 517'54'17"W A = 80'08'46" / R = 56.17' / 78.57' / L 78.5 A = 02'28'01" C =72.32' R = 256.48' r CB = S83'18'46"E L = 11.04'C = 11.04' • CB = S32'49'25" .../- �` R = 209.15'0" R = 16.95' S87'55 07 W N87'48'53 W R = 46.95' � - L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CB = S58'16'23"W CB = 3017'19"E 8 w HAINES STREET A = 0416'02" R = 268.73' L = 20.01' C = 20,01' CB = N89'56'53"W DATE 4_$_97 WESTLAKE CRAW dY JEW III CONSULTANTS u+c CHECIIEO "GRA ENGINRERING • SURVEYING • PLANNING REVISIONS PAC171C CORPORATE CENTER 15115 3.*. 9EQUO[A PARRRAY. SUPT[ 150 (6 113 63�-�' .108 NA 560-14 , 1IW03.O1 ON 97224 FAX &113 1124-0157 FAX TRANSMITTAL �. I I Date May 20, 1997 Number of pages including cover sheet 1 To: Pete Daniels From: Brian Rager 0- Co: M&A, Inc. Co: City of Tigard Fax #: 654-2698 Fax #: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS: Storm Easement and Sanitary Sewer Easement MESSAGE: Per our conversation this morning, I am in the process of sending the proposed "agreements", drafted by PERS representation, to our City Attorney for review. As you know, this review process, and potential revisions, may take a while. It is our full intention to hold up occupancy of the PERS building until the matter of these easements is resolved. The easements were originally required prior to issuance of the building permit, but the City was flexible due to timing constraints expressed by PERS and allowed the easement issue to be delayed until building occupancy. It is our opinion that the easement issue should have been completed months ago. If you should have any questions, please let me know. I.\ENG'FAX.DOT MAY 28 '97 04:30PM O'DONNELL, RAMIS P. 1 O'DONNELL RAMIS CREW CORRIGAN & BACHRACH ATTORNEYS AT LAW 1727 N.W.Hoyt Street Portland,Oregon 97209 TELEPHONE: (503)222-4402 FAX: (503)243-2944 PLEASE REPLY TO PORTLAND OFFICE FAf SI14ILE IRA_NS_IISSION COVER SST THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OP THE INDIVIDUAL OR ENTITY NAMED BELOW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED 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 IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. DATE: May 28, 1997 CLIENT NO.: 90024-11 TO: Brian Rager, Development Review Engineer City of Tigard FAX#: (503) 684-7297 Phone#: (503) 639-4171, ext. 318 FROM: Jim Oliver FAX# (503) 243-2944 DESCRIPTION OF DOCUMENT TRANSMITTED: Memo regarding issuance of Temporary Occupancy Permit for PERS building. COMMENTS: Please call if you have any questions. PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET, IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: AN ORIGINAL IS BEING MAILED: AN ORIGINAL IS AVAILABLE UPON REQUEST: MRY 28 '97 04:30PM O'DONNELL, RAMIS F'. O'DONNELL RAMIS CREW CORRIGAN & BACHRACH ATTORNEYS AT LAW 1727 N.W.Hoyt Street Portland,Oregon 97209 TELEPHONE: (503)2224402 FAX: (503)243-2944 DATE: May 28, 1997 TO: Brian Rager FROM: Jim Oliver RE: Language for Temporary Occupancy Permit for PERS building As we discussed this afternoon, I think it advisable for the City to include some language on the temporary occupancy permit emphasizing that the occupancy acquires absolutely no property rights or interest under the temporary permit, and that the occupancy will remain in temporary status until such time all of the conditions of approval imposed under the Notice of Decision (on SDR.96-0010 & SLR 96-0001) are fully complied with, to the City's satisfaction. Accordingly, I have drafted some language which should serve these purposes. There is nothing magic about these exact words, and they may be altered as necessary, so long as the gist of the language is clear. It is understood by occupant, (hereinafter `occupant"), that the issuance of this temporary occupancy permit by the City of Tigard for the use and/or occupancy of the structure located at 11308 SW 68th Parkway, Tigard (hereinafter "structure"), does not grant or convey to occupant any property right or other protectible property interest in the use and/or occupancy of the structure for any purpose. It is further understood that this temporary permit shall only be valid for a period of sixty (60) days from the date of its issuance, and that the occupant will no longer be authorized to occupy the structure after , unless and until all the conditions of approval imposed under the City's Notice of Decision (SDR 96-0010 & SLR 96-0001) and issued by the City's Community Development Department have been completely fulfilled and complied with to the City's satisfaction. In addition, if the City does not commonly do so, it may be advisable to have the occupant sign the permit, evidencing that they understand and agree to abide by its terms. Please call if you have questions. M&AMILSTEAD & ASSOCIATES, Inc. CONSTRUCTION PROGRAM MANAGERS Three Town Center 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 503/654-2336 FAX: 503/654-2698 RECEIVED May 28, 1997 MAY 2 9 1997 COMMUNITY DEVELOPMENT Mr. Brian Rager City of Tigard City Hall 13125 SW Hall Blvd Tigard, OR 97223 RE: PERS Headquarters Building Sanitary sewer Easement Building Permit No. BUP97-0155 dated April 15, 1997 Dear Brian: Enclosed are three sets of six(6) copies each of the Sanitary Sewer Easements for the subject project. These three sets each contain DIFFERENT signatures of the nine(9) signatures required to execute the easements for the two properties and the lender, trust and tenant for the adjacent property. Please note Miscellaneous Provision number(i) at the top of page four which indicates that the easement may be executed in any number of counterparts. These eighteen(18) copies are forwarded for the City Engineer's signature and acceptance. Please return five (5) copies from each group and we will get them recorded at Washington County. Sincerely, Peter F. Daniels Enclosure • GOLDFARB & FLEECE 345 PARK AVENUE NEW YORK. N.Y. 10154 12121 421-2828 EMANUEL LUBIN RICHARD C. SNIDER FACSIMILE (212) 751-3738 STANLEY S. GOLDFARB (1906-19751 LAWRENCE RIVKIN BRUCE S. LEFFLER•• Email:Ogflegal.com CHARLES L. FLEECE (1898-19661 SIDNEY A. MIGDON NEAL A. WEINSTEINt - PHILIP A.GLANTZ LISA F. SIEGEL STEVEN B.SHORE' MARC J. BECKER}r MORTON LING OF COUNSEL DONALD D. ADLERA RONALD E. BURTONO - RICHARD A. WALDERMAN KAMRAN MOATTARO .N.Y.6 FLA.BAR ••N.Y.6 D.C.BAR MICHAEL J. WATERS° ANTHONY J. SCHLUR00 iN.Y.6 GA.BAR /IN.'''.6 MASS.BAR MARK R. YARKIN MARJORIE R.ZUCKER°t May 27, 1997 °N.Y.&CONN.BAR 00N.Y.& N.J.BAR 'COUNSEL WRITERS DIRECT DIAL/E-MAIL 212-891-9130/ mwate @gflegal.com FEDERAL EXPRESS -3SOC:IATES. • Mr. Pete Daniels Milstead & Associates, Inc. ,1evrlR ' sirs 10121 S.E. Sunnyside Road, Suite 335 - _- MAY 2 81997 ov1: Clackamas, Oregon 97015 ARCH 1 1i16CEiVED GEN Re: 11038 S.W. 68th Avenue, Tigard, Oregon Dear Pete: Enclosed please find six (6) copies of the easement executed by The Benenson 68th Parkway Key LCC. Please arrange for one (1) fully executed copy of the easement to be returned to each party. Please let me know if I can be of any further assistance. Sincerely, 37/A14,4 Michael J. Waters MJW:cry/51669 Enclosures cc: Mr. Leonard Kreppel Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The Lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the "Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (b) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: / • 411' Name: v.'a e Title: ,letxrp, Ltotreetior Date: -s'- 47 Witness . STATE OF OREGON ) )ss. County of Washington ) s instrument was acknowledged b e f o r e me on / '!L, 92/9 y 7 (Date)by r V 61s oC (name(s)of•-rson(s))as (type of authority, e.g. officer,trustee,etc.)of E ' i. - ar4,4 (Name of party on behalf of whom instrument was executed) 0)/(daA'L-' (� = OFFICIAL SEAL f ` '•`'i: CAROL A.WHELAN , i NOTARY PUBLIC-OREGON Notary s Signature V.. COMMISSION NO.052611 r, i MY COMMISSION EXPIRES JUNE 11,2000 '' My Commission Expires: die The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a p By: • - Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benensb arch 1985 Trust, Member:___ By: . . - 'manuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Mi on, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of — `f'Ah ) This instrument was acknowledged before me on /`�by , 1997, by C A 41'17 13,n c h s o ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. N.'.,Public or 1 ew Yo My commission expires: c7• //4/f ef RASHID A.MILLER Notary Public, State of New York ACKNOWLEDGMENT 01 I023780 Qualified in Kings County Commission Expires Feb. 14, 199 STATE OF NEW YORK ) County Ave.('' � rd )ss. Coun of 1 ) This instrument was acknowledged before me on // y a ( , 1997, by �rti q h k E I L-1/09 r n ,as co-trustee of The Benenson March 1.985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York 71 1(9 O J My commission expires: PERS sanitary sewer easement MICHAEL WATERS page 5 Notary Public,State of New York No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 ACKNOWLFtx'tl ILEE STATE OF NEW YORK ) )ss. County of_ /V '(6°14/1 ) This instrument was acknowledged before me on /f'� ( 2 I 1997, by L4 w�vq r , Y I vh h , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York .7/a /4 My commission expires: MICHAEL WATERS ACKNOWLEDGMENT Notary Public,State of New York No. 31-4969071 Qualified in New York County STATE OF NEW YORK ) Commission Expires July 9, 1998 �e ‘(()A h )ss. County of ) This instrument was acknowledged before me on 4 Y a , 1997, by 57 d 1,1 k y /1` 0 ei or\ , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68t Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: 7 / 47(TS2 MICHAEL wATERS Notary Public,State of New York No. 31-4969071 Qualified in New York Cou ty GRANTEE: Commission Expires July 9, Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s)) as (type of authority,e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS iNc. ENGINEERING • SURV'EYIN'G • PLANTING Phone: 503 684-0657 Fax: 503 624-0137 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINS-NG; thence South 37°27'15-East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet, more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h;'°dmirdJ60l4J.r+a9eJ✓Fd36014b.dcc/jk \ ice / OREGON j'ULY 25,1990 GARY R.ANDERSON 2434 Q ,eL&..1 17-13 r fr iti Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97 224 EXHIBIT A (�GN i iNl.+C..v) 1 PARCEL 1 "KEY P,=-7-.^...:—_-_'_' l c, o ,X" • I \ c;) PA R C E l.._. 2 " PENS A = 34'37'55" P/\RC E L II R R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515'29'21'w 543'4'23"E 56014EX.DWG co 27.52' SCALE 1° = SO. * 4-07-97 N46'45'37"E y 13.95' p = 77'25'40" g J R = 130.17' rf L = 175.90' ut A = 32'09'20" C = 162.82' R = 359.50' CS = SO4'31'33"E L = 201.76' ~— 1Y43'14'23"W C = 199.12' 18.45' CS = 317'54'17"W A = 80'08'46" R = 56.17' L = 78.57' o = 02'28'01" C =72.32' R = 256.48' r:::' C8 = S83't8'46"E L = 11.04' ,I� C = 11.04' 4• •CB = S32'49'25"E, rD �E` / A = 1518'40" A = 123'35'08 `—`--� R = 209.15' R = 46.95' 387'55'07"W 1487'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75 C8 = S5816'23"W CS = 3017'19"E 8 W HANES gar A = 04'16'02" R = 258.73' L = 20.01' DA E 4-8-97 C = 20,01' CRAM aY Ia WESTLAKE CB = N89'56 53 W CONSULTANTS arc. °4z°tED r GRA ENGINEERING • SURVEYING • PLANNING REMSONS l 8 N0. 5 6 0-1 4 A TIGARD 7!S N!SUS Y, SUITS LSO TAY 5031 r Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de mini.mus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68`s Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Kev Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from,due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor;and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, a g by and through the Public Employes' Retirement System 4 ' / Signature: ■l ' Name: ` v i% au Title: �ph' �t r' r Date: S 9) Witness STATE OF OREGON ) )ss. County of Washington ) instrument . . acknowledged before me on a y a S /91�7 (Date)by Dili (2 a -�i : �/ (name(s)of person(s))as (type of an 'ority, e.g. officer,trustee,etc.)of gm'. G ' ._ sJ �. (N. e of•:A% on behalf of whom instrument was executed). r !=~ . OFFICIAL SEAL f " 771CAROL A.WHELAN NOTARY PUBLIC-OREGON ,; Notary's Signature COMMISSION NO.052611 t, MY COMMISSION EXPIRES JUNE 11,2000 f,' My Commission Expires: /I oR The Benenson 684'Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19/71/7 972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Me a-r _ By � E anuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migd Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of Nom'ova ) This instrument was acknowledged before me on /1 b Y , 1997, by C A4 r.(c, Othtn-sJ,-) , as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. - r/� Notary Public for N 'ork My commis�n l[[C0 a/'c1 8 Notary Public,State of New York No.01M15023780 Qualified in Kings County mission Expires Feb. 14, 199r STATE OF NEW YORK ) )ss. County of A/6'r ft ) This instrument was acknowledged before me on /1 44Y ? I , 1997,by t l h c/ L-t b r r ,as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York 7 ���� My commission expires: MICHAEL WA11831S sanitary sewer easement Notary Public,State of New York page 5 No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 A.C.KIMELESLMEYE STATE OF NEW YORK ) 11 h )SS. County of ) This instrument was acknowledged before me on M Q I , 1997, by L4-6—v–°‘-(C o c v h , as co-trustee of The Benenson March 198 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: 7 (T I f MICHAEL WATERS ACKNOWLEDGMENT Notary Public,State of New York No.31-4969071 Qualified in New York County STATE OF NEW YORK ) Commission Expires July 9, 1998 v^/t )ss. 1 w County of ) This instrument was acknowledged before me on h u y a 1997 by S?4 j° h (j o h , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York 7/1/43, My commission expires: MICHAEL WATERS Notary Public,State of New York No.31-4969071 Qualified in New York County GRANTEE: Commission Expires July 9, 1998 Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: • Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS LNc. ENGI.NEERING • SURVEYING • PLAN NING Phone: 503 654-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of Iand situate in the southeast 1/4 of Section 36, T. 1S., R. 1W.,Willamette Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637, recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGiNNLNG; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED 0 PROFESSIONAL SURVEYOR h;/admnd36014dsurvey/pd360146.dcc/jk OREGON JULY 25,1930 GARY R.ANDERSON 2434 ��� Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 4 EXH181T A (C.CN+iM.:E' / PARCEL 1 "KEY P, n _'_ / I ■* ^yip 5��0��'•#'0, �i PARCEL a " PENS 0 A = 34'37'55" PARCEL u R = 359.50' L = 217.30' C = 214.00' P.E.R.S. 08 = 515'29'21"W 54314'23"E 56014EX.DWG Co 27.52' SCALE 1' - 80' * 4-07-97 N46'45'37"E i �//13.95 R p = 77130.1'257''40" u 1 = L = 175.90' o = 32'09'20" C = 162.82' R 359.50' CS = 504'31'33"E L = 201.76' N4314'23"W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 0228'01" C =72.32' R = 256.48' s CB = 583'18'46"E L = 11.04' 4yl. C = 11.04' "- CB = fS32'49'25" *TljF A = 1518'40" A = 123'35'08" �� R = 209.15' R = 46.95' S87'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75 CS = 55816'23"W C8 = 30'17'19"E 8 W MMiES=Eel. A = 0416'02" R = 258.73' L = 20.01' cmh 4-8-97 \ C = 20,01' i'i WESTLANE C8 = N89'56'53"W DRAIN JEW CONSULTANTS arc. °4E°118 8Y GRA ENGINEERING • SUEvEYINC • PLANNING RENISKItS PAcmc CORPc1 ATZ CENTIM ''08 N0' 560-14 IIGABD S.W.L ONOOO Z POSTAY, SUi4B 130 FAT f503 '524'"0 a Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the `PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and "E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Kev Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss,damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing • signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System / ??ti Signature: / Name: JkA.vid Title: ,Deprt5 rcc-[o Date: 5—,9.8-9 7 Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68"Parkway Key LLC,an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 72,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benensoa-March 1985 Trust, Member By: 6:-<-A_A--A--e-&--01 el Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdo Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of /1V Yv ld k ) This instrument was acknowledged before me on /l a y a , 1997, by 0%4 d o a c r,cry 3'n , as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. RASHID A.MILLER =i .'%`,�. Notary Public, State of New York Notary Public •r or No 01M15023780 y/1P Qualified in Kings County My commission expires: Commission Expires Feb. 14. 199 ACKNOWLEDGMENT Comma Wimingrisiiirk4ege STATE OF NEW YORK ) )ss. County of /" YUl/j' This instrument was acknowledged before me on /14? )-t , 1997,by e-- v t L % � , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. lam✓ Notary Public for New York 7/ 9 �� My commission expires: MICR Notary Public,State o New Yoder 5 No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of NF vv ((Mk ) This instrument was acknowledged before me on /1 QY a 1 , 1997, by 1_-6(i"dofhc( P f V k v n , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. D Q G"J Notary Public for New York 7 91 f.9 My commission expires: r MICHAEL WATERS Notary Public,State of New York ACKNOWLEDGMENT No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 STATE OF NEW YORK ) )ss. County of Nll" YOB ti ) This instrument was acknowledged before me on /t/ S' h a' , 1997,by ' 1 a /1'1 ;Id O r\ , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 6P`" Parkway Key LLC, an Oregon limited liability company. Notary Public for New York 7 f//1 My commission expires: MICHAEL WATERS Notary Public, State of New York No.31-4969071 Qualified in New York County GRANTEE: Commission Expires July 9, 1998 Accepted on behalf of the City of Tigard this Day of , 1997 Signature:. Name: Title:_ City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC. ENGINEERING • SURVEYING • PLANNING phone: 503 6S4-C652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1S., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637, recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGTNNLNG; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL 4 AND SURVEYOR h:!°dmrni .n Sh01 s' oveyvpd36014b.dcc%jk \34-1 OREGON J11LY 25.1990 GARY R.ANDERSON 2434 Id Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard,Oregon 9?224 , , • - EXN15IT A (:.CN+; '--;L+E" ) PARCEL 1 "KEY Pn r_'' 0 �0� 5 PACE L 2 " P E R S 0 = 34'37'55' R PA 'C E L R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29'21"W 54314'23"E 56014Ex.DWG 27.52' SCALE 1" = 30' * 4-07-97 ty N46'45'37"E ty 1195 p = 77'25'40" s�1 / R = 130.17' n L = 175.90' 6. = 32'09'20" C = 162.82' R = 359.50' C8 = SO4'31'33"E L = 201.76' N4314'23"W C = 199.12' 18.45' CS = S1 7'54'17"W a = 80'08'46" R = 56.17' L = 78.57' o = 02'28'01" C =72.32' R = 256.48' rpir CB = S8318'46"E L = 11.04'C = 11.04' , CB = S32'49'25"E ��`:%4 I 6, = 1518'40" = 123'35'08% _ R = 209.15' R = 46.95' - L = 55.89' L = 101.27' 587'55'07'W N87'48'S3 W 46.37' 43.25' C = 55.72' C = 82.75' CS = 55816'23"W CB = 30'17'19"E 8 W HA3 � 0 = 04'16'02" R = 258.73' L = 20.01' cA t 4-8-97 C = 20.01' 1 i WESTLAKE C8 = N8916'53"W DRAM SY JE`N CONSULTANTS nfC OHEUIS Sr GRA ENGINEER= • SL'BYEYINC • PLARIVG REVISIONS PACITTC CORPORATE CENTER ( ) JOS NO. 560_1 4 , TIGAIW OREGONUOMT PtasTAr, SU1TE [SO TAY(5031 4)57 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this casement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my band this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: /II 4 Name: itecior Title: Lib-v- 34.6./5 Date: .S -Y-?? Witness . . STATE OF OREGON ) )ss. County of Washington ) instrum_,t was acknowledged before me on Vila/. / (mil/�7 (Date)by 1.., • _ .1 �l (name(s)of rson(s)) (t y p e of a u t h o r i t y, e.g. o ffi c e r,trustee,etc.)of �l,4 //�i�/h p L�?u '/ i.elin f f (Name of party on behalf of whom instrument was executed). 4 Vi=i,. OFFICIAL SEAL J few-tg (1)/teia,t,.... CAROL A.WHELAN , No �Da-� 6 NOTARY PUBLIC-OREGON ;? Notary's Signature `� COMMISSION NO.062811 (, My Commission Expires: W 1/./ ) MY COMMISSION EXPIRES JUNE 11,2000 `: The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 1 , 972,a p By: �Z�ti... Charles B. Benenson,Trustee PERS sanitary sewer easement Page 4 By: The Benenpn March 1985 Trust, Member By: -- �--&�-.-��.( manuel Lubin, Co-Trustee By: ( _/_---- — Lawrence Rivkin, Co-Trustee By: ' C__-_. Sidney A. Migdon, " o-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) `1/tw Yoak )ss. County of ) This instrument was acknowledged before me on /ti any °1°■ , 1997, by C A'r4 a c n<'>,So") , as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Pu•lic for N- ark My commission expires: d) //‘f/7 g RASHID A. MILLER Notary Public, State of New York No.01 M15023780 ACKNOWLEDGMENT Qualified in Kings County Commission Expires Feb. 14, 199? STATE OF NEW YORK ) )ss. County of A/d"''I k- ) This instrument was acknowledged before me on ti Ot y ( , 1997, by Er-%A"'^-t L 1"- 1\., , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York 7/ �/ My commission expires: MICHAEL WATERS:LS sanitary sewer easement Notary Public,State of New York Page 5 No.31-4969071 Qualified in New York County Commission Expires July 9, 1999 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of 1'`' This instrument was acknowledged before me on //A y al , 1997, by a 1^'s^tt^c i h , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. )1142W_ P Notary Public for New York �/�- J(-$2 My commission expires: / MICHAEL WATERS ACKNOWLEDGMENT Nary Public.c.State of New York Qualified in New York County Commission Expires July 9, 1999 STATE OF NEW YORK ) )ss. County of /1/e-,•‘-'`61/4(1 ) This instrument was acknowledged before me on h ti y X t , 1997, by r 6 AV. E h , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Paricwi9 Key LLC, an Oregon limited liability company. ) .&Q Notary Public for New York 7 Q My commission expires:.1AEL WATERS Notary Public,State of New York No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS •c. ENGINEERI.NG • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1S., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15-East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR hiadmm/56014/swveyvpd56011b.dac i jk OREGON JULY 25.1990 GARY R.ANDERSON 2434 10i Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 9722.4 - - EXHt81T A (C.CN'+ iitiL: Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein , nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minirnus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs(including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be hatred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement chall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of , 1997 Grantors: State of Oregon,acting by and through the Public Employes' Retirement System Signature: ` Name: , v. . ''1 Title: .De fo't7 J?t 4.citsr Date: S-19.2'1 47 Witness . STATE OF OREGON ) )ss. County tr Washington ) edge `�^^ ont /9�J (Date)by ) o/d è '/ 's instrum-� was ac,•�owl before me on �y1/� 1,: . - - d: �/ (name(s)of. rson(s))as/ (type of. thority, e.g. officer,trustee,etc.)of °. •• �u _a �;.L--i, ....«..,. af-fiii (Name of party on behalf of whom instrument was executed). /( ai214-4,C1 ti`1ti11�1ti`titi`CIAL SEAL ���) (/�7/t/L1'l >�r 3 •,:f, OFFICIAL SEAL r�_.(.`•"'': CAROL A.WHELAN /, �, ,� NOTARY PUBLIC-OREGON Notary's Signature �, COMMISSION NO.052811 r, My Commission COMMISSION EXPIRES JUNE 11, Commission Expires: �l/Ij 0 g ..?64-0-6 The Benenson 681°Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19,1 19722,a partner ��By: P-r�-.r Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benensoo March 1985 Trust, Member By: _..1/4_,,,....,,,-L---c-e E' uel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee ___Z_____ (.3.27e-----, By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of AVM Yo( k ) This instrument was acknowledged before me on /1 A Y a`-` , 1997, by C 114 r16J 6 t n t r s a i ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. -../ ,,.....--7_000e.,-.,000, -ilopaih No • ' c or New Yo My commission } . LE' A / /`y/q8 Notary Public, Sta . `ew York No 01N115023780 Qualified in Kings County ACKNOWLEDGMENTommission Expires Feb. 14, 1995K STATE OF NEW YORK ) ' '')(4f) )ss. County of N ) This instrument was acknowledged before me on /i a Y a ( , 1997, by 57114rv1- L L(/1-!3 I /0 , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. P'364' 1.-z Notary Public for New York ( ,; (9 a, My commission expires: MICHAEL WATERS PERS sanitary sewer easement Notary Public.State of Nawllbrk Page 5 No.31-4969071 Qualified in New York County Commission Expires July 9. 19911 ACKNOWLEDGMENT STATE OF NEW YORK ) County of �w Yv� )ss. This ent was acknowledged before me on 4t V °� 1997, by L i l.'✓I C v , � �� , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York y� My commission expires: Notary Public,State a of New York ACKNOWLEDGMENT Qualified in- 49 9071 County Commission Expires July 9, 1998 STATE OF NEW YORK ) )ss. i‘1°-"1 County of `(D(\I ) This instr ment was acknowledged before me on /1'7 Ay a. I , 1997, by S A/ 'T /II G-J)OA/ , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York 7 /471 g My commission M&SlidfL WATERS Notary Public,State of New York No.31-4969071 Qualified in New York County Commission Expires July 9, 1998 GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: • Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 15.,R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR hJadmm/56014/surveyvpdS6014b.dcc 1 jk \ Ce ORSGON JULY 25,1990 GARY R.ANDERSON 2434 e .1171 ,h-7 hi Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A N I—, J PARCEL 1 "KEY PI= 7.1*'_' / ,,,C, r\ 'I' / O�G ,-p- ' 0."5,,'O '• PARCEL. 2 " PERS 0 A = 34'37'55" PA RC E L iE R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = S15'29'21"W 54314'23"E 56014EX.DWG ` to 27.52' SCALE i" = 80' 4-07-97 1 il N46'45'37"E 13.95' p = 77-25'40" y R = 130.17' ot 11 L = 175.90' o = 32'09'20" C = 162.82' R = 359.50' C8 = 504'31'33"E L = 201.76' N4314'23"W C = 199.12' 1$.45' C8 = S17'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02 26'01" C =72.32' R = 256.48' S C8 = S8318'46"E L = 11.04' ��. C = 11.04' �_- CB = S32'49'25" `�� .1/4z,),, A = 15'18'40" 123'35'08% _ R 209.15' R = 46.95' S87'55'07"W N87'48'53 4W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CS = 558'16'23"W C8 = 30'17'19"E 8 W HAINES STREET A = 0416'02" R = 268.73' L = 20.01' OArt 4-8-97 C = 20,01' IgI WESTLAKE CS = '489'56'53"W JEW CONSULTANTS arc. EYCINEERIN6 • 5'L*BVgYWC • PLWNINC g PAC7EC CORPOQRAt6 cZNT R 3 St 560-14 ACARD 01ESGONUOO A ?tALTAY. SUBS ESO TAY(603) S 4 a 7 ■ Return recorded document to CITY HALL RECORDS DEPARTMENT CITY O F TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the `PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Kev Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss,damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement chall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: (kiS Name: IA wet Ac Title: 1k pry r,4Or Date: S-ag-�t7 Witness . STATE OF OREGON ) )ss. County of Washington ) Th4 instrument was acknowledged before me on(I a. /_ . 2 (Date)by iii H y 0-&--1°rt rY R e ■• (name(s)of. rson(s))as (type of authority, e.g. officer,trustee, etc.)of V-) b/ (Name of party on behalf of whom instrument was executed). r . ;• OFFICIAL SEAL 4 ( ,44_.e (N i ?; !V.:. CAROL A.WHELAN 1, , ' NOTARY PUBLIC-OREGON Notary's Signature COMMISSION NO.052611 i; My Commission Expires: D + COMMISSION EXPIRES JUNE 11,2000 The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,/a p By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The BenensonMarch 1985 Trust, Member By: E . .uel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of me(Ai rod k ) This instrument was acknowledged before me on f , 1997, by Lk 4 rf t 1 a 0 h Qh S O n , as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. otary Public for New • My commission expires _ 1 /y/f 8 Notary Public, State of ofNew York No.01M15023780 ACKNOWLEDGMElg Qualified in Kings County mmiss"ion Expires Feb. 14, 19951 STATE OF NEW YORK ) )ss. County of /Ven't' Yoa h ) This instrument was acknowledged before me on /t?A'7 ( , 1997, by 6-''""""‘ti c C. 1,A h , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: 7/ f/ 91 MICHAEL WATERS Notary Public,St-.-.t _f�wr,Yl No. 31-4•••e�'° Page 5 Qualified in New York County Commission Expires July 9, 1998 AMMELEXthilia STATE OF NEW YORK ) FDA )ss County of A/6v'' ) This instrument was acknowledged before me on It'r mil,' a 1 , 1997, by L" ' AC( 1 v ( 7\-N , as co-trustee of The Benenson March 1985 TTrust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. 7)1,t,:e-02-e Notary Public for New York My commission expires: 7 /I/ 4i 7 MICHAEL WATERS Notary Public, State of New York ACKNOWLEDGMENT No. 31-4969071 Nw York A Qualified in New York County Commission Expires July 9. 1998 STATE OF NEW YORK ) )ss. County of A' ' YOI h ) This instrument was acknowledged before me on M 4\ a , , 1997, by i h( h z d dk , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 8t Parkw'Key LLC, an Oregon limited liability company. Notary Public for New York ,�/q/Q 8 My commission expires: MICHAEL WATERS Notary Public,State of New York No. 31-4969071 Qualified in New York County GRANTEE: Commission Expires July 9, 1998 Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of • (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC. ENGI.NEERING • SURVEYING • PLANNING Phone: 503 684-0657 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1S.,R. 1W., Willamette Meridian, Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h:'admrn/56014/sW eyvpd56014b.dac/jk (� OREGON JULY 25,1990 GARY R.ANDERSON 2434 94tL& t7-J�i/�� hi Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97 224 EXHIBIT A (.CN+INL:& 1 PARCEL 1 "KEY P _'_'' � ti � f 11 ., Z \\:: rt, 0 ' ;'550 440�'" PARCEL 2 PEA' S 0 A = 34'37'55" PA RC E L u R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = S15'29'21"W S4.31 4.23"E 56014EX.DWG ' W 27.52' SCALE 1" = 80' * 4-07-97 IN46'45'37"E ✓ 13'95' A = 77'25'40" g 1 R L = 175.90' at A = 32'09'20" C = 162.82' R = 359.50' C8 = SO4'31'33"E L = 201.76' N43'14'23"W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08'46" R = 56.17' L — 78.57' . o = 02'28'01" C =72.32' R = 256.48' rry CB = S8318'46"E L = 11.04'C = 11.04' , CB = S32'49'25" �j�Cn A = 15'18'40" A = 123'35'08% ---` R = 209.15' R = 46.95' S8 55'07'W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' 08 = S58'16'23"W C8 = 30'17'19"E 8 W HANES STFEET A = 04'16'02" R = 268.73' L = 20.01' °'t c = z0.o1' Ii WESTLAKE C8 = N89'56'53"W CRAM SEW CONSULTANTS cc. OIECKED ar GRA LIYGINEERAYG • SL*RYEYIIYG • PUNNING 'REMSONS PAC.7IC. CORPORATE cx 11 SR ( j J08 NQ SIGARD ORIGONUO al"'. SUITS ISO FAX(SO31 '82� 560-14 0-if • KeyCorp Corporate Real Estate 55 Public Square, 8th Floor May 27, 1997 Cleveland, OH 44113 Mr. Peter Daniels VIA AIRBORNE EXPRESS Milstead& Associates,Inc. 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 Re: Sewer Easement-11038 S.W. 68th Avenue, Tigard, Oregon Dear Peter, Enclosed are the six(6)execution copies of the sewer easement for the aforementioned property. If you should have any questions, feel free to contact me at(216) 689-1814. Sincerely, l'■ / , , � Anthon,Levoy,II , RPA Corporate Asset Manager bSSOCIATES_inc. h, 1LSTEAt1 c 'C o1._ 141413E 14' SITG ilia MAY 2 81997 : _R am 'c= :t::3 Vr I=.1) GEM 111111 1 !'I E: I Return recorded document to CITY HALL RECORDS DEPARTMENT CITY 0 F TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein , nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. FN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68's Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature:. Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation Koy Services Contrsc/l�fN�egotiaUCorp.ona By /te Approved KeyCorp. By: 5tevc ■ IV. (t. 1I0cH, 1466T, Sea)/ Witness STATE OF OHIO ss.: COUNTY OF T is instrument was acknowledged before me on May a 1 , 1997 by A A) A) 41• 14oCee asEirxC4'1 't U4E /- ec ije,jr of Key Services Corporation. 41C Notary's tgnature v PEGGY TAYLOR My Commission Expires:NC Iy Public, S•.ntc 0V-10, r`uvs, ants, -fir ToMint Tn Ex.>ir A fo 1991 Witness STATE OF OHIO ) ss.: COUNTY OF CLE,partj /� This instrument was acknowledged fore me on May O(i , 1997 by s of KeyCorp. . Notary's Signature My Commission Expires: M LINDA G. Y Notary Publi , State o Ohio, CK uy. , y Commlaelon Expires s MANDRJune 31, 2000 Cty Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as _ _ of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGI.NEERING • SURVEYING • PLANNING Phone: 503 684-0632 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1 S., R. 1W., Willamette Meridian, Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h i/admm/360144novelod360146.d0c/jk \- 1 ( OR,cGON ..JULY 25,1990 GARY R.ANDERSON 2434 zu,.�.l i7- I-; l c)—) ��� Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97 224 EXH181T A ( CT ) I PARCEL 1 "KEY P,- _1 / I��� << %., 5 F o . s .Q'a , ∎ o ,fi '; 4 fi �). g ;, PP\RCEL 2. " PERS 0 A = 34'37'55" PA RG EL II R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C3 = 51529'21"W 54314'23"E 56014EX.DWG ' co 27.52' SCALE I. = 80' * 4-07-97 N46'45'37"E /13.95' A = 77'25'40" ca �/ R = 130.17' { L = 175.90' = 32'09'20" C = 162.82' R 359.50' CB = 504'31'33"E L = 201.76' --- N4314'23"W C = 199.12' 18.45' C8 = S17'54'17"W A = 80'08'46" R - 56.17' L = 78.57' o = 02'28'01" C =72.32' R = 256.48' Ss, CB = S8318'46"E L = 11.04' ul. C = 11.04' III'- C8 = S32'49'25" ��`�F` I A = 1518'40" A = 123'35'08% `�1 R = 209.15' R = 46.95' S87'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CB = 55816'23"W CS = 30'17'19"E 8 V� 3 ST A = 0416'02" R = 258.73' L = 20.01' CASE 4-8-97 C = 20.01' W W ESTLAKE CS = N89'56'53"W cRww� sr JEW CONSULTANTS tz+c. CliMIED 9r GRA ENGINEP.RING • stT$VEYING • PLANNING REN9CnS PAc7'C CORPOKAT6 C.S IT 1 ( ) _ 413 NQ T CARD.! SENUOi7224uITAY. stirs FSO TAY( 0.11 �� � 560-14 \ Return recorded document to CITY HALL RECORDS DEPARTMENT CITY 0 F TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors'property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Constriction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road,have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss,damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with., or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company,John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my band this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority,e.g. officer,trustee,etc.)of (Name of party on • half of whom instrument was executed). Notary's Signature My Commission Expires: • Consented and agreed: Key Services Corporation Key Services Corp. Contract Negotiations By: Q , Approved KeyCorp. By: S 11------- STaVE)U k). bu LLAC H.) ASST. 5 & y Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May 9 44-7 , 1997 by /1 /0 M. PLo e K as E guT/t!6 (IcF / S'4c..aof Key Services Corporation. Not 4ignature ' PEGGY TAYLOR My Commission Expires:Notary Public, state of oi,.io, Nye. dip. My Commission Expir. s 'Feb 28, 111109 Witness STATE OF OHIO ) ss.: COUNTY OF Thi instrument was acknowledged b ore me on May 7 , 1997 by ) • as e d d.�, of KeyCorp. L.--iit --C: 22jld1)----15k------ gi ,*-1 Notary's Signature My Commission Expires: LINDA G. MANDRYK Notary Public, State of Ohio, Cuy. Cty. My Commission Expires June 11, 2000 Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1 S.,R. 1W.,Willamette Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL. SURVEYOR h.•/admird36014/s,ove}✓pd56014b.dce/jk OREGON JULY 215,1993 GARY R.ANDERSON 2434 iZI3{/fl III Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A (C,GN!irk+' C..y) f PARCEL 1 "KEY P.=.F -_' 1 / OOG �� ,Q, 5 PARCE L 2. " PERS eto A = 34.37'55" PA RC L. R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515'29'21"W 54314'23"E 56014E X.D WG 1 co 27.52' sc.a 1" = eo' * 4-07-97 I i N46'45'37"E D I 13.95' A = 7725'40" R = 130.17' al I L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CB = 504'31'33"E L = 201.76' N4314'23"W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' S CS = S831 8'46"E L = 11.04' ��. C = 11.04' �4• CS = 532'49'25" `�. `�tl+ I A = 1518'40" A = 123'35'08" `—� R = 209.15' R = 46.95' / 587'55'07"W N87'48'53"w L = 55.89' L = 101.27' 46.37 43.25 C = 55.72' C = 82.75' CS = 55816'23"W CS = 30'17'19"E 8 yy HAINES�� A = 0416'02" R = 268.73' L = 20.01' oA'E 4-8-97 C = z0,o1' 11 WESTLAKE CS N89'56'53"W CONSULTANTS oc. CtECXEO IT GRA PrYGINEERING • SURVEYING • PLANNING 1 PACI1IC C08POEATE CSHTCt JG'8 13115 S.!. SEQUO A rrrEAY, SURI FSO F (�11,s4,,,o T 560-14 TICA1W.oREGC 9rru (� Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify andnold harmless Grantors from and against any and all claims,demands,losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from,due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing • signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s)) as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68'.Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of _ ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKNMILEXIMIlaa STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation Key Sorvices Ccr,. Contract Negotiations By 1y,A- A Approved KeyCorp. By: `JTEVe J A , bu l l oc N, Rssi. Sec' y Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May . 2 7 , 1997 by"9 Al ui ffl- ievC asElcecuT,vE Vice PLeside,c'r of Key Services Corporation. Notary"s Signatur PCGC,Y TAYLOR My Commission Expirestiotery Public, Etotc of C)-o, cuya, City, Commission Exu°rr- fob. ,Tg 71177 Witness STATE OF OHIO ) ss.: COUNTY OF ) This ins rument was acknowledged b ore me on May r2 , 1997 by �,+,i�i,� �—✓ • € s Az.a.7 of KeyCorp. Notary's Signature My Commission Expires: LINDA d: MANDRYK Notary Public, State of Ohlo, Cuy. Cty. My Oommiseion Expires June 11, 2000 Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS LNC. ENGINEERi.NG • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL . • • SURVEYOR h/m:1= 5010+"survey/Pd36614b.dcc;jk f • —•••---� ORZGON JULY 25.1990 GARY R.ANDERSON 2434 Q�l2u+�t t7-I III Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 PARCEL 1 H/81 r A CC �`� �� EY p,."`•,::::.-,N, +"7 NG `'a \\O° ' S i .♦. f 55'3.'5 '2. / PA / 4: 34'37.55, 1 RC E s. �' C. 217_�� P �ES Cs '274.co' '4�'C 0 sis? w 27.92:3 - r• LE DwG 4 , ill ✓13.9 1 E R - 32'09'20.. 4 35 L 9.50' R R . 1125.4 " C , 201.76. 130 77. 0 CS 199.1 . = 11 90, 4 , 1?S4'17"iy N438 45:3;W Cg S 483 .3,3-,— �► R , S228'0/. C � 1044$, 48 C8 , 5304• \ R 58'1'8'46" 2 4g'25" C a�2a_*7 7' C9 2" R 1233$'08'• ( 88318,461E 46 95. �� as C • 10J 27' '''„' rj, Cg ........$2.7 s• 8875'01" "0.17'©"EC 46.37* W N8,. 4 a4 325.5 .w R 158.40, R 76'0Z" = 209 /s. _ 268 7 Ss . 3' C , •8 s C , 20'01' 8 W C8 `55.72. ZO Cg N88 S3' 04'� 4, 558'1 g'23„w 6 W &"97 GRA Il/ZESTLA 008 Akt C 60,14 p p CORpo q � Nc 7 cG • ,p U rra tsa NInrC Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue,28`h Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee, a perpetual easement for the maintenance, operation, reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and "E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68`s Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss,damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68*Parkway Key LLC,an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 Acni.Q.1il DGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title:_ City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corp. Key Services Corporation Contract Negotiations By: KeyCorp. By &rteven N . (Ju lla� +41 455T. See y Witness STATE OF OHIO ) ) ss.: COUNTY OF ) ThAs instrument was acknowledged before me on M .0 N 7 ] , 1997 by A Al ' in. l' 4o &�- as c(ee a T,vc �C ' fif e.,4c..Jt of Key Services Corporation. otariy1 Signature QC!;C\ TAILOR My Commission Expirestl0ry P.tluc S t ,f orio, Cyr,cnty. Corm:issior. Expires rat). 28. 1994 Witness STATE OF OHIO ) ss.: COUNTY OF 044..Gra414LA This instrument was acknowledged before me on May o2'7 , 1997 by N- as of KeyCorp. -� /4, No ry s Signature My Commission Expires: LINDA G. MANDRYK Notary Public, State of Ohio, Cuy, Cry. My Commission Expires June 11, 2000 Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC. ENGI.NEERING • SURVEYING • PUNNING Phone: 503 684-C65Z Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. IS., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINN NG; thence South 37°27'15-East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED 1 PROFESSIONAL SURVEYOR h i/addrain/56014/sw ryipd36014b.doc/jk OREGON JULY 25.1990 GARY R.ANDERSON Nor 2434 (Z z�.,t tzI,i15? EIS Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A (�ONTI C.;F:-v) i PARCEL 1 -KEY P.-.- _ G7\ ti 1 \ �'1' PARCEL 2 " PEGS 0 A = 34'37'55' PARCELII R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29'21"W 54314'23"E 56014EX.OWG co 27.52' SCALE 1° = 80' * 4-07-47 m N46'45.37"E 1 13.95' A = 77'25'40" g R = 130.17' { L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = 504'31'33"E L = 201.76' ~— N43'14'23"W C = 199.12' 18.45' CS = 517'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' rpr CS = 583'18'46"E L = 11.04'C = 11.04' - CB = 532'49'25"E ���E` A = 1578'40" A = 123'35'08" "'—� R = 209.15' R = 46.95' S87'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37 43.25 C = 55.72' C = 82.7 CS = 55816'23"W CS = 3017'19"E 8 W HAINES STREET 6, = 0416'02" R = 258.73' L = 20.01' UATE 4-8-97 c = 20.01' b WraJ 1 LaKE � C8 = N89'56'53"W ° CONSULTANTS cc. CNE°CED IY GRA CiCWJEERJNG • smart= • PLIMNINC REv1SONS PAG7IC C08P041 A1'3 C ( } 108 No. 560-14 TIC ARD OAbGONCCi7t14OITAY. SUITS 130 TAY(503 4"'Q5 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any ha'ardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions,Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be haired by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing • signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively,the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority,e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68'.Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKNOWLEDG.l r a STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997, by as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation Key Services Corp. Contract Negotiations By: LL ` V�� Anpro.c(1 KeyCorp. By: 5`te u N . Ou l(oe,f t, Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before ri}e on Nay • a ? , 1997 by /9 C�K as /_O E c ai Ct , ILF j,i , CesaieAir of Key Services Corporation. Al S n "`l Notary's Signature PECC r TAYLOR My Commission ExpiresrPt°ry Pu'tic, sctc 3f O"io, Cuya,Qty. v LuRn.,Issior. Expires r_5. 251 19 q 9 Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was ac -iowledged b fore me on May , 1997 by � as �. .V11,7 of KeyCorp. Notary's Signature My Commission Expires: LINDA G. MANDRYK MNotary , , uy. , y Commission PublicState Expires of June Ohio iiC , 2000 Cty Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) • This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS LNc. ENGI.NEERI.NG • SURVEYING • PLANNING Phone: 503 684-C652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S.,R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15-East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h Vadmm/56014/surveN'pd3b014b.dcc/jk �`/Ly1r� OREGON 4l1LY 25.1990 GARY R.ANDERSON 2434 Q z � t7 J 7i/5 ) (�� Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,T ard,Oregon 97224 EXHIBIT A (GON+l N E".:..,) I PARCEL 1 "KEY F2,- .7•.:".:77'.."'_'. 1 I, 0 .- Ii OOG 4S,Z •■ PARCEL 2. " PERS 0 A = 34'3755" PARCEL" R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515'29'21-W S43'14'23"E 5601 E.R.S. G co * 27.52' N4845'37"E 4-07-97 ."/13.95' R p == 17370'2cA 74� 1" = eo' at D L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' C8 = 904'31'33"E L = 201.76' N4314'23-W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08246" R = 56.17' L = 78.57' A = 0228'01" C =72.32' R = 256.48' S CB = S8318'46"E L = 11.04' ��. C = 11.04' �_• CB = 532'49'25" / A = 1518'40- A = 123'35'08% R s 209.15' R = 46.95' " L = 55.89' L = 101.27' 5$7'55'07 W N87'48'53 W 46.37' 43.25' C = 55.72' C = 82.75 CS = 55816'23"W CB = 3017'19 11E 8Yr HANES STREET A, = 0416'02" R = 258.73' L = 20.01' c�rE 4-8-97 C = 20,01' ,I WESTLAKE CS = N89'56'53"W WAN P JE`M CONSULTANTS Mc MUNN tY GRA PIVCIVEERING • StIRWITING • PUNNING FIENSCNS PACIFIC CORPORATE CSiTER ( ) _ JOS 110 11GARD.1'MGM ?ARMY, SUITS ISO TAZ{303J 724"'a 7 560-14 Return recorded document to CITY HALL RECORDS D EPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any haaardous substances, as defined or listed in any federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to,or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. Ke o 3. yC John �'' ��t's �i) Ar"en�° k`t�u�a8t'/ rit°r>�d �'sq dof dJob° L�fejasu original, b�mtakea 3'6e�ecv eY Pik 1 �e ifem Y' Jobe wrihe�SS a whole sum any Abet u' nee Comps k Lieu Y, T p pF thus � etc o°e dofc etetn , p epll vel ce�oornpaav o f FIq have nC b o flv�eb der of a assigys Tp ecu d orevD FIp�the ex the Agree shall be deem IIN UESS above,desc �d �°ent as°f ao n the and 9, pF I here and gtaa Pterses year abov Grantors. unto set my uato said e State°f pregoo' hand tIUS gr , its suce�sors �'''da and N hire, acting by�d thr°Ugh y°f Date: the Public E'rrP/°yes Witness, ----------------- � Rearem�t System STATE pTp C°�, ��N tyofw ) h"s �nun��&toa ) )ss. OYPe°f'�tbo w�acl�Owl�$ed befo (Name ofp 'may, e.g' o to nre On Y oa behal f�Ger ' etc}of Mate) by "°111 wa fA e(s)o f� oII (s))as s executed). NYs Si MY Co The Bea ssi eason eKy LLCM is Oregon ff By Lability company.The Bea C •a e 1,, aPital �'Me tuber �pa eS By. rhe Charles B B D Famlyst ea m oo eceinber 19, 19Z BY: prier Coles B Bea ensoa, Trustee ERS412Itery sewer eent Page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACUMELEXLMEHE STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corp. Key Services Corporation Contract Negotiations By: Ci( Approved KeyCorp. By: —CA 61 evim✓► nJ . bu 1 1 0 e 4N, SST. Y Witness STATE OF OHIO ) ) ss.: COUNTY OF ) T�is instrument was acknowledged before me on May ?7 , 1997 by AA-) 10 /Y!• r?o e� as F-e eaTi✓E VICE '4eSid e of Key Services Corporation. /114 Notary's Signature PECG'r TAYLOR My Commission Expires:Nobn►Pu:Ac 5':.f r ,f C-i0, MOW". entV. v L rni.: EA 1;r• '7 1 I y 9 5 Witness STATE OF OHIO ) ss.: COUNTY OF ) This instrument was acknowledged be ore me on May a -7 , 1997 by , .Gt it.. ttilit as Q a of KeyCorp. (- 1/X Ac_ol,cre/e) Notary's Signature My Commission Expires: LINDA G. MANDRYK Nt r bfte, State Ohio, Cuy. Cty. Owantission Expires June 11, 2000 Consented and agreed: John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: John Hancock Variable Life Insurance Company By: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Mutual Life Insurance Company. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of John Hancock Life Insurance Company of America. Notary's Signature My Commission Expires: Witness STATE OF MASSACHUSETTS ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of John Hancock Variable Life Insurance Company. Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS LNC. ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0632 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. I S., R. 1W., Willamette Meridian,Washington County, Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNLNG; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h./admm/5601 a/swveyrpd3601 Jb.dcc/jk '71 OREGON JULY 25.1990 GARY R.ANDERSON 2434 Q z � t i 5-7 h) Pacific Corporate Center, 15115 S.W. Sequoia Parkway, Suite 150,Tigard,Oregon 972.24 EXHISIT A ( cN?Mti'..EC)) f PARCEL 1 "KEY P,=:7-..-.:::_-_—_' / G y \�C'7 °'c'O < �,'''��. :'0 44 4- Ive�0..,p ','iii 000 yti �d 5 PARCEL. a " P E R s eto A = 34'37'55" PA RC E L II R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515.29'21"W S4314'Z3"E 56014EX.DWG aQ 27.52' sc.LE 1° = ac' * 4-07-97 I 1 ./ 13.95' p = 77'25'40" R = 130.17' { L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = SO4'31'33"E L = 201.76' N14314'23"W C = 199.12' 18.45' CS = 517'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' rs,„. C8 = S8318'46"E L = 11.04'C = 11.04' - CS = S32'49'25"E ���F` / CI = 1518'40" A = 123'35'08 _._ R = 209.15' R = 46.95' SS7'55'07"W N87'48'53"W L = 55.89' L = 101.27' 48.37 43.25' C = 55.72' C = 82.75' CS = S5816'23"W CB = 3017'19"E 8 W 1-1A MS MEET A = 0416'02" R = 268.73' L = 20.01' o�t 4-5-97 C = 20,01' i1 WESTLAKE CS = N89'S6'S3"W CONSULTANT'S ¢4c. 124°14E5 3'GRA ENGINEERING • SL*BI+E7INC • PLANNING REMSGNS PAC7!C CORPORATE CORPORAT E MX= OAEGO13U5 NUQ A PALMY. %MX ESO TAx R oal) 1.:017 A John Hancock Mutual Life Insurance Company Investment Law Department jr4-0174760c( John Hancock Place Post Office Box 111 Boston,Massachusetts 02117 (617)572-9214 WORLDWIDE SPONSOR Fax:(617)572-9268 Fax:(617)572-9269 Valeda J. Britton Counsel MILSTEAD&ASSOCIATES, Inc. Prot. Z"Ai•'. Pk. EMI May 23, 1997 SITE MAY 2 71997 ICE C.::.sWr it.Lit— Mr. Pete Daniels Milstead & Associates, Inc. 10121 S.E. Sunnyside Road Suite 335 Clackamas, Oregon 97015 Re: 11038 S.W. 68th Avenue Tigard, Oregon Dear Mr. Daniels: Enclosed please find six execution copies of a sewer easement that has been approved by our counsel, Jim Fowler, of McCutchen. In connection with reviewing the easement, Mr. Fowler incurred expenses of approximately $700.00. I would appreciate having his fees and expenses paid by the Company prior to recordation of the easement. Very truly yours, a J. Britton Co el VJB/cmb Enclosures CMB0307.DOC Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th Floor, New York,New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors'property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the budding either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement clvall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including,without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my band this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s)) as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68''Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement Page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hanco Mutual life Insurance ompany By: /i`/.d , • . 4. A Senio Inrstment Officer John Hanc ck Life Ins rance Comp p y of America By: AT ill <i ii - Authorized /gnatory John Hanco k Variable/ife Insurance C'mpany / By: to/. � • '. L_ !L . IL Authorized Sig,-tory Witness STATE OF MASSACHUSETTS ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harn1d S Goldstein as Senior Investment Officer of John Hancock Mutual Life Insurance Company. y 1 i 1"tom« NNtary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 72nd , 1997 by Harold S. Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. ( 4 ��7 RUTH A.TOHHES DENT N� t nary's Signature NOTARY PUBLIC My Commission Expires: lion Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. nnl ristPin as Authorized Signatory ofJohn Hancock Variable Life Insurance Company. t A, t`1�9,14 P.V�i d No ary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept.25,2003 NO CHANGE IN TAX STATEMENT � , EXHIBIT A WESTLAKE CONSULTANTS NC ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0657 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S.,R. 1W., Willamette Meridian, Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h•/ar4nrNJ6Q1s/syrffyipdJ601Jb.dae/jk \3 -t / OREGON JULY 25,1990 GARY R.ANDERSON 2434 R zw•.` t7-1 i ) hi Pacific Corporate Center, 15115 S.W.Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A (CON+ ;:-..Lv; PARCEL 1 "KEY P..47-7-:-...7.-='_' / F, ,ti ,, • o 1 .P ap- •,''.,�4 J`, OOG 5'L NCO PP\RCE L 2 " PE1S 0 A = 34'37155" PA FCC E L II R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = S15'29'21"W 54314'23"E 56014EX.DWG co 27.52' SCALE 1" = 80' * 4-07-97 1 N46'45'37"E tm 1195' p = 77'25'40" ..../ R = 130.17' g L = 175.90' A. = 32'09'20" C = 162.82' R = 359.50' C8 = SO4'31'33"E L = 201.76' _1 N43'14'23"W C = 199.12' 18.45' CS = 317'54'17"W A = 80'08'46" R - 56.17' L = 78.57' A = 0228'01" C =72.32' R = 256.48' 1:: CB = 583'18'46"E L = 11.04' �. C = 11.04' j"'- CS = S32'49'25" `1.��,)F` A = 1518'40" A = 123'35'08% � . R = 209.15' R = 46.95' 587'55•07"W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CB = S5816'23"W CB = 30'17'19"E 8 W HANES STREET A = 0416'02" R = 268.73' L = 20.01' oA1rt 4-8-97 C = 20,01• 1I WESTLA CRAM Err J KE C8 = N89'56'53"W EW CONSULTANTS nvc O4EQSED ar GRA ENGIMSERJNG • g(,tEVgl'!NG • PLANNING REW9p+S PAC=CORPORATE CX 11U .J08 N0. l7CAAD S.W. SONUO?PARTWAY, SUITS ISO FAX 501) 'z'4"'O 7 560-14 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the 'Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby Shall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement Shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS unitary sewer easement page 5 AGKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997, by as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancoc Mutual Lif Insurance C mpany By: /),+ Senior Invest nt Officer John Hanco ' Life Insui 'ce Company of America / > By: ; A, • 4.4 ./. ..... Authorized Si, atory John Hanco Variab e Lie Insurance Company By: MLA. .._ 4t..i Authorized ig /tory Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as SPninr Tnvestment Officer of John Hancock Mutual Life Insurance Company. ( i & �jU:vlt •tary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept. 25,2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. 11110‘ 5MA ) RUTH tary's Signature TH A.TORRES DENT NOTARY PUBLIC My Commission Expires: My-Conumission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Gni dctein as Authorized Signatory oflohn Hancock Variable Life Insurance Company. 4 6147 N tary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept. 25, 2003 NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC. ENGINEERI.NG • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0 15 7 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1S.,R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNLN G; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL rI101 SURVEYOR h:/°dmird3h01 a/survcyvFd3601 ab.dcc/jk OREGON JULY 25,1990 GARY R.ANDERSON 2434 Q e 1 t7-13i/cA Id Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A ` J PARCEL 1 "KEY P,-F'-:_•.-7.-.-.--_' I ��5��0�1 411.1t,..,/-'<5.• ��i��`� �iSs ',stk �� ��1 4'I ��i OpG �'1. 5 PARCEL. 2 PE Rs e, A = 34.37'55" PA FCC E L" R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = S15'29'21"W S43'14'23"E 56014EX.0WG co 27.52' SCALE 1" = so' * 4-07-97 1 il N46'45'37"E 13.95' A = 77'25.40" ‘,../ R = 130.17' at L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = 504'31'33"E L = 201.76' N43"14'23"W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'0l' C =72.32' R = 256.48' rps, CS = 58318'46"E L = 11.04'C = 11.04' • CB = S32'49'25"E ���F` A = 151 8'40" A = 123'35'08% ------------_ R = 209.15' R = 46.95' • - L = 55.89' L = 101.27' 587'55'07 W N87'4$ 53 W 46.37 43.25' C = 55.72' C = 82.75' CS = 55816'23"W CS = 30'17'19"E 8 W MANES sTREET A = 04'16'02" R = 258.73' L = 20.01' °ArE 4-8-97 C = 20.01• Ii WESTLAKE CS = N89'56'53"W CONSULTANTS M. CHEQ E° 3Y GRA ENGIIYEERERG • gLTBV$YfNG • PLANNING REWSONS PACI7IC. CORPORATE CS rvi 15115 S.A. 91.1024214°4111M.. SW—T. 15O (309) QM-Ob52 J 8 NO. 560-1 4 TiCARO.ORE rAY(aw) ez___ Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses,liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any ha7ardous substances, as defined or listed in any applicable federal, state or local law, rile or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel, and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party chill provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims, expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement chall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor;and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68m Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , b > by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature:. Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation rporah Y.' on keYCorp. By. Witness STATE OF OHIO COUNTY OF ) ) ss.: his instrum efore on ent was ) acowl edged b as me May of ervice 1997 KeY Sby Witness NOta COrporatio , STATE My C°mm's g'na ire OF OHIO n Expires: COUNTY OF ) \� ) This inst ) ss.: rutnent was ac asowledged before fie on May of KYCo� , 1997 by MY tCo s Sib'nature mission Expires. Consented and agreed: John Hanc 8 k Mutual Life Insurance Company I By: .g_4.4 4 .iii.%i1i- — Senior Inv r tment Officer John Hanco k Life Ins rance Comp 8 y of America By: ' Aut orize S',;natory John Hanc 1 Variabl Life Insurance ompany By: 6/il , / �` _` u i __ Au horized Sir'atory Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Senior Investment Officer of John Hancock Mutual Life Insurance Company. 'I `� A ' 131:1144-0L-tary's TORRES DENT N Signature NOTARY PUBLIC My Commission Expires: My Commission Expires Sept. 75. 2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. i` < (it( _i.)/M tL)ham.r r Ntary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept. 25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. rn1 dgtein as Authorized Signatory ofJohn Hancock Variable Life Insurance Company. cry's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept. 25,2003 NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS LNc_ ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0657 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. 1S.,R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence, along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGIIvG; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h:/mdmm/56014i'swveyrrd36014b.dcc i jk OREGON JULY 25,1990 GARY R.ANDERSON 2434 etJ t7-(3rfr) (i Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A f 1 (GGNTi,ti1��/ PARCEL 1 "KEY Pr.= _' I r` 4 I . . tip°��5°a,,,,'s,-,,,,- ,' OOG �'L Pt\RC E L 2 " PENS eto = 34.37'55" R PA F?CEL" R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515'29'21"w 543'14'23"E 56014EX.DWG as 27.52' SCALE 1° = SO. * 4-07-97 t N46'45'37"E s i____._ 13.95' A = 7725'40" �/ R = 130.17' 1 - L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = SO4'31'33"E L = 201.76' •— N43'14'23"W C = 199.12' 18.45' CS = S17'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' r CB = S8318'46"E L = 11.04'C = 11.04' • CB = S32'49'25"E � `a, A = 1518'40" A = 123'35'0 R = 209.15' R = 46.95' 587'5 ' " + 507 W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CS = 558'16'23"W CS = 30'17'19"E 8 W STREET A = 04'16'02" R = 258.73' L = 20.01' OATS 4-8-97 \ C = 20.01' !01 BY I WESTLAKE CB = N89'56'53"W CONSULTANTS nvc 'CHECKED eY GRA ENGINEERING • SURVEYING • PLANNING i ASQ d PAc 7!C C°RPOqRATS CSHTSR JOB N0 1511.5 .V.R2807A ARLTAY, SUITS 150 7AY(1W) e2 3i 560-14 d Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER ICNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands, losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Kev Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the dare when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." N WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. N WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: ----- - Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date) by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68'*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68' Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 A.C.K1MIELKLIEEC STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature:. Name: Title:, City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s)) as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: • Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: J Consented and agreed: John Hanc. k Mutual Life Insurance Company / By: ti.d i d. .° 4.../614L-.- _ Senior Inv:/ tment Officer John Hanco. Life Insu ance Comp: . of America By: 4.1. 4 t' Ai m A thorized Sit story r John Hancoc Variable/ ife Insuranc- Company By: i/AL,/ 4/41 Ai-[AL _ Authorized S natory Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Senior Investment Officer of John Hancock Mutual Life Insurance Company. N.tary's Signature -1 A.TORRES DENT My Commission Expires: NOTARY PUBLIC omission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. N tary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC —My Commission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. (:n1dstein as Authorized Signatory ofJohn Hancock Variable Life Insurance Company. tary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept.25,2003 NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0657 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S.,R. 1W., Willamette Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h/adairil5601</r rrefipd36014b.doe/jk D c OREGON JULY 25,1990 GARY R.ANDERSON 2434 eKz�•,t tZJ3r f57 Id Pacific Corporate Center, 15115 S.W.Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A (;:cN;i,ti'i;.E2v) PARCEL 1 "KEY P,-^ ::: '_" I V\ l \ p 6 r4 PPS R C E L 2 nPERS A = 34'37'55" PA FCC E L u R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29.21"W S431 4'23"E 5601 E.R.S. G co 27.52' SCALE 1" = 80' * 4-07-97 N46'45'37"E ,../13.95' A = 77'25'40" R = 130.17' -C L = 175.90' A = 32'09'20" C 162.82' R = 359.50' CS = SO4'31'33"' L = 201.76' ----- N43'14'23"W C = 199.12' 18.45' C8 = 517'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' sC8 = S83't8'46"E L = 11.04' S. C = 11.04' ��• CB = 532'49'25"E `�� `ASS A = 15'18 40" A = 123'35'08" _ �� R = 209.15' R = 46.95' / S87'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37 43.25' C = 55.72' C = 82.75 CS = 55816'23"W CS = 3017.19"E 8 W HANES STREET A = 0416'02" R = 258.73' L = 20.01' °ATE 4-8-97 C = 20.01' Ill WESTLAKE C8 = N89'56'53"W °�` JEW CONSULTANTS 24c °4ECNED gr GRA PNGZN ER1NG • SURVEYING • PLANNING f1E`ASCNS T.3115C CORPORATE CSNTER ,roe Na 560-14 t 1 k .RL.c�o UOLA P UTAY. svrrs s5C ruc f'0os?ei`+=o06is'� Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement"referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10) days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 1 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute, controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland,Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp.,tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68*Parkway Key LLC, an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 ACKIMILLEDSTMEIVI STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on _ (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hanc k Mutual Life Insuranc Company By: fled/ /a.' - S nior Inves Bent Officer John Hancoo k L_iifee Ins trance Company of America By: !" 1''`/ 4 - Authorized Si: ftory John Hancoc' Variable ife Insurance ompany / By: P 1. . i .. _ Authorized Si:! atory Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Senior Investment Officer of John Hancock Mutual Life Insurance Company. otary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept. ?5,2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 72nd , 1997 by Harnirl S Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. ( /I\_126A\_126A n IN T-- HurH A.TORRES DENT Ngtary's Signature NOTARY PUBLIC My Commission Expires: _ ion Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Gnl dstpi n as Authorized Signatory of John Hancock Variable Life Insurance Company. N ary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGI.NEERING • SURVEYING • PLANNING Phone: 503 684-0652 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36, T. IS., R. 1W., Willamette Meridian, Washington County,Oregon, also being a portion of Parcel 2 as shown on Document Number 89-039637, recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2, being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East, 79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL SURVEYOR h./adnur,56014/swvey/pdi6011b.dac/1k „ / OREGON JULY 25,1990 GARY R.ANDERSON 2434 Q6,0_z L&J d t 7-(31 /5 ) hi Pacific Corporate Center, 15115 S.W. Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHIBIT A (GONTi,tiL'c.`^,) J PARCEL 1 'KEY P,S.='2 _' Y �.Q s, \ 000 ��. ��o PARCEL. 2_ " PERS 49 A = 34'37'55" PA FCC E L" R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29'21"w 543'14'23"E 56014EX.D WG aQ 27.52' SCALE 1° = 80' * 4-07-97 I i N46'45'37"E 13.95' A = 7725'40" g f ,/ R = 130.17' 1 L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' C8 = SO4'31'33"E L = 201.76' --- N43'14'23"W C = 199.12' 18.45' CS = 517'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 0228'01" C =72.32' R = 256.48' ri; C8 = 5831 8'46"E L = 11.04'C = 11.04' •CB = S32'49'25"E �,�� / A = 15'18'40" A = 123'35'08% R = 209.15' R = 46.95' " L = 55.69' L — 101.27' S87'S5'0? W N87'48'S3 W 46.37 43.25' C = 55.72' C = 82.7 CB = 558'16'23"W CS = 30'17'19"E 8 W F8 STREET A = 04'16'02" R = 268.73' L = 20.01' cart 4-8-97 C = 20.01' .11 WESTLAKE CS = N89'S6'53'W wry CONSULTANTS arc. CNECKE7 8r GRA R�vcnc • sr,$varnvc • PLANNING re orRs PAC.TRC CORPO4RATE =MR ,oe r% 560-14 a iic:aa.1t SIr�°0oii ARITAr' sacra Isar rAx wj +-e � Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon, acting by and through the Public Employes' Retirement System(PERS),having an address of 11410 SW 68`' Parkway, Tigard, Oregon, owners of Parcel 2 the 'PERS Parcel', and The Benenson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor, New York, New York 10017, owner of parcel 1, the `Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits "C", "D", and "E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest to the surface of the soil,nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion thereover,provided,however,that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. In the event Grantee requires access to the easement to perform any repairs, replacements, alterations or other work, Grantee shall, except in the case of an emergency, provide Grantors with at least seven days advance written notice of Grantee's intent to enter upon the easement for said purposes. Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference with Grantors' normal business operations and to safeguard Grantors' property, including the obligation to employ labor at overtime or other premium pay rates. Grantee,at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses, liabilities and expenses (including attorney fees) PERS sanitary sewer easement page 1 arising out of or related to any hazardous substances, as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. The Grantee's use of this easement shall not damage or destroy adjacent paved areas, landscaping or irrigation system or buried utilities serving the building either the PERS Parcel or the Key Parcel. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road") between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Kev Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298 (the cost of maintaining, repairing and/or replacing the easement grants hereby chall be the same as the"Utility Easement" referred to in Section 3 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms, conditions, covenants, easements, and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel,their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice, at the address for such party set forth above,of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification Each party shall indemnify, defend and hold the other party harmless from and against any and all claims,expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party, its agents, servants PERS sanitary sewer easement page 2 or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Portland,Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel, including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement Shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation, the tenant of the Key Parcel; PERS sanitary sewer easement page 3 2. KeyCorp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document." IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes' Retirement System Signature: Name: Title: Date: Witness . STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68*Parkway Key LLC,an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972,a partner By: Charles B. Benenson,Trustee PERS sanitary sewer easement page 4 By: The Benenson March 1985 Trust, Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as trustee of The Charles B. Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS sanitary sewer easement page 5 STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997, by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature:. Name: Title: City Engineer Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s)) as (type of authority, e.g. officer,trustee,etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Consented and agreed: Key Services Corporation By: KeyCorp. By: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of Key Services Corporation. Notary's Signature My Commission Expires: Witness STATE OF OHIO ) ) ss.: COUNTY OF ) This instrument was acknowledged before me on May , 1997 by as of KeyCorp. Notary's Signature My Commission Expires: Consented and agreed: John Hancock Mutual Life Insurance Company � By: 44 (J _ Senior Ines ent Officer John Hanc I ck Life Insurance Company of America By: [J.' / • /I_ice.:.: . _ Authorize• S lnatory John Hancoc Variable ife Insuranc Company By: t/1// / . A ii:' Authorized S f natory Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by Harold S. Goldstein as Senior Investment Officer of John Hancock Mutual Life Insurance Company. f' izJ Notary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC My Commission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ) ) ss.: COUNTY OF SUFFOLK ) This instrument was acknowledged before me on May 22nd , 1997 by uarn1 d S Goldstein as Authorized Signatory of John Hancock Life Insurance Company of America. a )1'),1.4o& N tary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC —1+lyOommission Expires Sept.25,2003 Witness STATE OF MASSACHUSETTS ss.: COUNTY OF SUFFOLK This instrument was acknowledged before me on May 22nd , 1997 by Harold S. (In-Mgt-pin as Authorized Signatory of John Hancock Variable Life Insurance Company. T itI10i '2L:o &g. 1l Ntary's Signature RUTH A.TORRES DENT My Commission Expires: NOTARY PUBLIC Eennnieeion Expires Sept.25,2003 NO CHANGE IN TAX STATEMENT EXHIBIT A WESTLAKE CONSULTANTS INC ENGINEERING • SURVEYING • PLANNING Phone: 503 684-0657 Fax: 503 624-0157 PERS Sewer Easement Project No.: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1S.,R. 1W.,Willamette Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989, Washington County Deed Records, being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. JEW: 4/11/97 REGISTERED PROFESSIONAL. SURVEYOR h:/admrN5601 e/sto'osp'p136014b•doc/jk r: „OREGON JULY 25.1990 Y R.ANDERSON 2434 9t.eus.,1 i7—i il57 III Pacific Corporate Center, 15115 S.W.Sequoia Parkway,Suite 150,Tigard,Oregon 97224 EXHleIT A (::GN i i,•:i:C..C.%) 1 1 PARCEL 1 "KEY P. F.::7..—_'_' / -#I,d. ,^, ,,,,,, 4/c) . / 0PS ,o8 z oQc i% c 4 cPd FARCE L 2 A " P E R S n = 34'37'55" R = 359.50' PA FCC E L " R L = 217.30' C = 214.00' S. R.P.E.CS = 915'29'21"W 543'14'23"E 5601 E.R.S. co 27.52' SCALE I" = 80' 4-07-97 N46'45'37"E y 13.95' A = 7725'40" g I R 13 0.17' L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CS = 504'31'33"E L = 201.76' ----- N43'14'23"W C = 199.12' 18.45' CS = 917'54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' CS = 9831 8'46"E L = 11.04' �� C = 11.04' 4• CB = S32'49'25" 'J' / A = 1518'40" A R = 123'35'08% R = 209.15' R = 46.95' S87'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CS = 95816'23"W CS = 3017'19"E 8 W HA1fde3 STREET A = 0416'02" R = 258.73' L = 20.01' oA 4-8-97 �rl4 C = 20,01' 111 WESTLAKE CS = N89'56'S3"W alum sr JEW caNSULTA1 TS 3*C °4EQ't° 97 GRA ENGINEERING • SURVEYING • PL..tNW 'C FIVASONS PAC•T.0 CORPORATE G TER 15115 S.W. SEQUOG PAREZAY, stars 150 j 664'06x2 '48 NQ 11GARD.OREGON 87224 TAY(5031 134-0157 56a-14 . . O'DONNELL RAMIS CREW WECSI / SD CORRIGAN & BACHRACH ATTORNEYS AT LAW ,UN 1997 1727 N.W. Hoyt Street Portland,Oregon 97209 crrY OF TiGARD TELEPHONE: (503)222-4402 FAX:(503)243-2944 DATE: May 30, 1997 TO: Brian Rager, City of Tigard FROM: Jim Oliver, City Attorney's Office RE: Proposed Easement Agreements for the PERS Project During our phone conversation on Tuesday, you requested that I prepare a written memorandum pointing out all the problem language from the City's perspective in both the storm sewer easement and the sanitary sewer easement agreements for the PERS building. I will address the storm sewer easement agreement first, and then the sanitary sewer easement agreement, although some of the problematic language appears in both agreements. As a preliminary matter, the legal description provided by West Lake Consultants for the storm sewer agreement had at least one error, according to the Deed Plotter program utilized at this office to confirm the accuracy of the description. Nancy Kyker, a legal assistant in our office, found the errors, has already contacted West Lake Consultants regarding them, and we have now received a revised map correcting the errors. Proposed Storm Sewer Easement Agreement I will begin at the fifth paragraph on page 1 of the proposed storm sewer easement agreement, where we view the language"to the surface of the soil" problematic, and recommend that it be deleted from that sentence. Our reason for wanting this phrase deleted stems from the fact that the City is acquiring some surface rights to the soil by virtue of the granting of this easement in its favor. By its very nature, this easement greatly restricts the use the grantor can place on the surface of the soil, because the City needs access to its underground storm sewer for repair and maintenance purposes. Accordingly, no structures should be permitted in the easement area, and to that extent, the City is receiving a property interest to the surface of the soil. The sixth paragraph on page 1 deals with requiring the City to provide seven days' advance written notice before entering on the property for repairs, replacements, etc. As we discussed, that clause should be deleted, and you indicated that the PERS representatives would in all likelihood agree to delete that clause. O'DONNELL RAMIS CREW CORRIGAN &BACHRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 2 The seventh paragraph on the first page, beginning with "liability; indemnification", needs to be revised. In particular, the second sentence, which currently provides that the City shall indemnify and hold harmless the grantor for any losses, liabilities, expenses, etc. related to any hazardous substances, should be rewritten in a manner making it clear that the City will only indemnify and hold harmless the grantor for any losses related to hazardous substances the City itself brings onto the property. Conversely, the language should also reflect an indemnification provision whereby the grantor indemnifies and holds harmless the City for any hazardous substances already present on the property or placed upon the property by the grantor. In other words, the City will agree to pay for any mess it brings on or creates, but must insist that it be held harmless for any costs, expenses, etc. related to hazardous substances not placed, or caused to be placed upon the property by the City. The provision should be read as one of mutual indemnification. On the eighth paragraph on the first page, the sole sentence there should be rewritten in such a way that prevents damaging or destroying adjacent paved areas, landscaping or irrigation systems or buried utilities from creating a breach of the easement. Rather, it should read that the City will have a duty to repair any adjacent paved areas, landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair or alteration operations it conducts consistent with the purposes of the easement. In this way, the standard or customary operations performed by the City under the spirit and intent of this easement will not create a breach situation; rather the City will perform reasonable repair to any damages it causes any landscaping, irrigation systems, buried utilities, etc, during its maintenance work. Perhaps you should also add a second sentence to this paragraph imposing some burden or duty on the grantor to provide or notify the City of the existing locations of any underground irrigation systems or buried utilities within the easement area. In the ninth paragraph, the last paragraph on the bottom of the first page and going onto the second page, entitled "termination", the second sentence provides that the grantor may terminate the easement agreement upon six months written notice if the grantee or state of Oregon through ODOT make other provisions for disposal of the storm water in the area. This is an unacceptable provision from the City's perspective. The language should read that the City has the right to terminate this agreement, if the purposes satisfied by the granting of this easement are no longer required. That is to say, if for whatever reason, the City finds itself in a position of no longer needing this easement for the adequate and appropriate disposal of storm water in this area, and the City can make reasonable arrangements elsewhere for the disposal of the storm water, it should be given the right to terminate. Under no circumstance should the City accept the • O'DONNELL RAMIS CREW CORRIGAN &BACHRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 3 language which allows the grantor to unilaterally terminate this agreement. This would defeat the express stated purpose in granting a permanent storm sewer easement. Proposed Sanitary Sewer Easement Agreement Moving onto the sanitary sewer easement agreement, in the fourth paragraph on the first page, the language regarding the surface of the soil is repeated and again presents the same problems from the City's perspective. It should be revised as described above from the storm sewer easement discussion. In the fifth paragraph, the offensive"seven day advance written notice" language is repeated and should be deleted. In addition, this easement goes on to require that the City may only perform their non-emergency maintenance operations at certain times, essentially at night or on weekends. In fact, the language expressly requires or recognizes that this will cause the City to pay overtime and/or employ additional labor at premium rates. This provision, found in the second and third sentences of the fifth paragraph, is completely unacceptable from the City's perspective and needs to be eliminated. The City must have the right to come in and perform its standard, non- emergency maintenance operations, consistent with the purposes of this easement, during regular business hours. The City could agree to some language that it will attempt, to a reasonable degree, to limit interference with the grantor's operations when the City is conducting such maintenance operations. However, under no circumstance will the City accept the requirement that it perform its non-emergency maintenance operations at night or on weekends, at significant (and needless) expense. In the sixth paragraph, titled "liability; indemnification", we have the same problematic language regarding the hazardous substances and an attempt to force the City to indemnify and hold harmless the grantor for everything. As discussed above, this needs to be rewritten to create a mutual indemnification provision. The first full paragraph on the second page again repeats the language which arguably creates a breach of the easement agreement any time the City damages or destroys landscaping, adjacent paved areas, etc. This language, as discussed above, should be revised to read that the City will have a duty to repair damage it causes, but does not create a breach situation by simply performing its standard maintenance operations. ' 1 O'DONNELL RAMIS CREW CORRIGAN &BACHRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 4 The sanitary sewer easement agreement is much more detailed and contains several additional provisions absent from the storm sewer easement agreement. One of the added provisions on the sanitary sewer easement agreement is found at the top of page three, in the first full paragraph, under the heading"dispute resolution". While the City does not object to the presence of such a provision in general, we strongly recommend that the provision provide for utilization of the Arbitration Service of Portland (ASP)as opposed to the American Arbitration Association, as it has been our experience that it is much more user friendly, cost effective, and efficient. Additionally, we would recommend that this dispute resolution section include a mutual attorneys' fees provision. We recognize that there currently exists an attorneys' fee provision under the Miscellaneous Provisions (see paragraph (e)), but that miscellaneous provision does not address or grant the authority to an arbitrator to award attorneys' fees to the prevailing party. Accordingly, we recommend that either an attorneys' fee provision be included or incorporated into the dispute resolution section, or that the miscellaneous attorneys' fee provision be revised to authorize an arbitrator, in addition to a trial or appellate court, to award attorneys' fees to the prevailing party and to incorporate the costs of arbitration. Those are the problematic issues that we identified in our review of the two proposed easement agreements. Please feel free to contact this office if you have any questions. cc: Dominic Colletta jeo/acm/90024/rager.me4 • 05/27 15:43 1997 FROM: 5032432944 P503 TO: 2473 PAGE: 3 kY-27-97 TUE 3:05 Pm WESTLAKE CONSULTANTS FAX NO. 503 624 0157 P. 2 EXHIBIT A PARCEL 1 "KEY PROPERTY" 0 1- s`, QL A = 34'37'55" 0 R = 359.50' L = 217.30' C = 214.00' CB = S15'29'21"W 843'14'23"E P.E.R.S. 56014EX.D WG 1 m 27.52' SCALE 1' = 80' f* 4-07-97 g N46'45'37"E 13.95' A = 7725'40" cA 1 n R = 130.17' L = 175.91' A = 32'09'19" C = 162.82' R = 359.50' C8 = SO4'31'33"E L = 201.76' `-- N4314'23"W C = 199.12' 18.45' CB = S17'54'17"W A = 80'08'46" / R = 56.17' L = 78.57' A = 0228'01" C =72.32' R 256448' i s,, C3 = S83'18'46"E L = 0 C = 11.04' sr• CB = S32'49'25" `'� '''�., �� A = 15'18'4 A = 123'35'08" /`- _ R = 209.15' R = 46.95' 2 587'55'07"W N87'48'53"W L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' CB =830 57'19"E CB = S58'16'23"W A = 04'16'02'. S W HAINEg SST R = 268.73' L = 20.01' C = 20,01' OA7E 4-8-97 CB = N89'56'53"W DRAW" BY JEW 11 WESTLAKE CONSULTANTS Inc. CHECKED BY GRA REVISION ENGINEERING • SURVEYING • PLANNING 5-27-9 1AC S. OTA cPt MERa A Y, SUITE 150 FAX .m3 244:021 24 6-067 B N0. 560- 14 TIGAIIO,OREG7224 FAX TRANSMITTAL i NCI" i 0000 -tea Date June 6, 1997 Number of pages including cover sheet 6 To: David Bailey From: Brian Rager Co: PERS Co: City of Tigard Fax #: 598-1218 Fax #: 684-7297 Ph #: 639-4171. Ext. 318 SUBJECT: Proposed Easement Agreements MESSAGE: Attached is a memo I received from our City Attorney which lists several concerns with the proposed agreements. Please review this memo and make the necessary changes to the documents. Thank you. LNG F.x DOT . G6/06/97 13:09 1Y503 684 7297 CITY OF TIGARD 001 *** .***$$***************** *** ACTIVITY REPORT *** ***:3::f:*5:**:}::i:8: :% . TRANSMISSION OK TX/RX NO. 9644 CONNECTION TEL 503 598 1218 CONNECTION ID OREGON PERS START TIME 06/06 13:06 USAGE TIME 03'09 PAGES 6 RESULT OK FAX TRANSMITTAL 'ma mail Date June 6, 1997 Number of pages including cover sheet 6 To: paid Bailey From: Brian Racier Co: PERS Co: City of Tigard Fax#: 598-1218 Fax #: 684-7297 Ph #: 639-4171, Ext. 31$ SUBJECT: Proposed Easement Agrerneats MESSAGE: Attached is a memo I received from our City Attorney which lists several concerns with the proposed agreements. Please review this memo and make the necessary changes to the documents. Thank you. FAX TRANSMITTAL kiropplo =�I J+ AAAA t=ia Date June 9, 1997 Number of pages including cover sheet 6 To: Pete Daniels From: Brian Rager Co: M&A Co: City of Tigard Fax #: 654-2698 Fax #: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS: Proposed Easement Agreements MESSAGE: Attached is a copy of the memo sent to me by our City Attorney's office. I faxed this same memo to David Bailey on June 6. Please call me if you have any questions. Thanks. I.\ENGFAX.DOT O'DONNELL RAMIS CREW altEltEg CORRIGAN & BACHRACH ATTORNEYS AT LAW SuN 3 1991 1727 N.W. Hoyt Street O� �1GAR D Portland,Oregon 97209 CITY. TELEPHONE: (503)222-4402 FAX: (503)243-2944 DATE: May 30, 1997 TO: Brian Rager, City of Tigard FROM: Jim Oliver, City Attorney's Office RE: Proposed Easement Agreements for the PERS Project During our phone conversation on Tuesday, you requested that I prepare a written memorandum pointing out all the problem language from the City's perspective in both the storm sewer easement and the sanitary sewer easement agreements for the PERS building. I will address the storm sewer easement agreement first, and then the sanitary sewer easement agreement, although some of the problematic language appears in both agreements. As a preliminary matter, the legal description provided by West Lake Consultants for the storm sewer agreement had at least one error, according to the Deed Plotter program utilized at this office to confirm the accuracy of the description. Nancy Kyker, a legal assistant in our office, found the errors, has already contacted West Lake Consultants regarding them, and we have now received a revised map correcting the errors. Proposed Storm Sewer Easement Agreement I will begin at the fifth paragraph on page 1 of the proposed storm sewer easement agreement, where we view the language"to the surface of the soil" problematic, and recommend that it be deleted from that sentence. Our reason for wanting this phrase deleted stems from the fact that the City is acquiring some surface rights to the soil by virtue of the granting of this easement in its favor. By its very nature, this easement greatly restricts the use the grantor can place on the surface of the soil, because the City needs access to its underground storm sewer for repair and maintenance purposes. Accordingly, no structures should be permitted in the easement area, and to that extent, the City is receiving a property interest to the surface of the soil. The sixth paragraph on page 1 deals with requiring the City to provide seven days' advance written notice before entering on the property for repairs, replacements, etc. As we discussed, that clause should be deleted, and you indicated that the PERS representatives would in all likelihood agree to delete that clause. I O'DONNELL RAMIS CREW CORRIGAN & BACI IRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 2 The seventh paragraph on the first page, beginning with "liability; indemnification", needs to be revised. In particular, the second sentence, which currently provides that the City shall indemnify and hold harmless the grantor for any losses, liabilities, expenses, etc. related to any hazardous substances, should be rewritten in a manner making it clear that the City will only indemnify and hold harmless the grantor for any losses related to hazardous substances the City itself brings onto the property. Conversely, the language should also reflect an indemnification provision whereby the grantor indemnifies and holds harmless the City for any hazardous substances already present on the property or placed upon the property by the grantor. In other words, the City will agree to pay for any mess it brings on or creates, but must insist that it be held harmless for any costs, expenses, etc. related to hazardous substances not placed, or caused to be placed upon the property by the City. The provision should be read as one of mutual indemnification. On the eighth paragraph on the first page, the sole sentence there should be rewritten in such a way that prevents damaging or destroying adjacent paved areas, landscaping or irrigation systems or buried utilities from creating a breach of the easement. Rather, it should read that the City will have a duty to repair any adjacent paved areas, landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair or alteration operations it conducts consistent with the purposes of the easement. In this way, the standard or customary operations performed by the City under the spirit and intent of this easement will not create a breach situation; rather the City will perform reasonable repair to any damages it causes any landscaping, irrigation systems, buried utilities, etc, during its maintenance work. Perhaps you should also add a second sentence to this paragraph imposing some burden or duty on the grantor to provide or notify the City of the existing locations of any underground irrigation systems or buried utilities within the easement area. In the ninth paragraph, the last paragraph on the bottom of the first page and going onto the second page, entitled "termination", the second sentence provides that the grantor may terminate the easement agreement upon six months written notice if the grantee or state of Oregon through ODOT make other provisions for disposal of the storm water in the area. This is an unacceptable provision from the City's perspective. The language should read that the City has the right to terminate this agreement, if the purposes satisfied by the granting of this easement are no longer required. That is to say, if for whatever reason, the City finds itself in a position of no longer needing this easement for the adequate and appropriate disposal of storm water in this area, and the City can make reasonable arrangements elsewhere for the disposal of the storm water, it should be given the right to terminate. Under no circumstance should the City accept the O'DONNELL RAMIS CREW CORRIGAN & BACHRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 3 language which allows the grantor to unilaterally terminate this agreement. This would defeat the express stated purpose in granting a permanent storm sewer easement. Proposed Sanitary Sewer Easement Agreement Moving onto the sanitary sewer easement agreement, in the fourth paragraph on the first page, the language regarding the surface of the soil is repeated and again presents the same problems from the City's perspective. It should be revised as described above from the storm sewer easement discussion. In the fifth paragraph, the offensive"seven day advance written notice" language is repeated and should be deleted. In addition, this easement goes on to require that the City may only perform their non-emergency maintenance operations at certain times, essentially at night or on weekends. In fact, the language expressly requires or recognizes that this will cause the City to pay overtime and/or employ additional labor at premium rates. This provision, found in the second and third sentences of the fifth paragraph, is completely unacceptable from the City's perspective and needs to be eliminated. The City must have the right to come in and perform its standard, non- emergency maintenance operations, consistent with the purposes of this easement, during regular business hours. The City could agree to some language that it will attempt, to a reasonable degree, to limit interference with the grantor's operations when the City is conducting such maintenance operations. However, under no circumstance will the City accept the requirement that it perform its non-emergency maintenance operations at night or on weekends, at significant (and needless) expense. In the sixth paragraph, titled "liability; indemnification", we have the same problematic language regarding the hazardous substances and an attempt to force the City to indemnify and hold harmless the grantor for everything. As discussed above, this needs to be rewritten to create a mutual indemnification provision. The first full paragraph on the second page again repeats the language which arguably creates a breach of the easement agreement any time the City damages or destroys landscaping, adjacent paved areas, etc. This language, as discussed above, should be revised to read that the City will have a duty to repair damage it causes, but does not create a breach situation by simply performing its standard maintenance operations. '. O'DONNELL RAMIS CREW CORRIGAN & BACHRACH Memo re: Proposed Easement Agreements for the PERS Project May 30, 1997 Page 4 The sanitary sewer easement agreement is much more detailed and contains several additional provisions absent from the storm sewer easement agreement. One of the added provisions on the sanitary sewer easement agreement is found at the top of page three, in the first full paragraph, under the heading"dispute resolution". While the City does not object to the presence of such a provision in general, we strongly recommend that the provision provide for utilization of the Arbitration Service of Portland (ASP) as opposed to the American Arbitration Association, as it has been our experience that it is much more user friendly, cost effective, and efficient. Additionally, we would recommend that this dispute resolution section include a mutual attorneys' fees provision. We recognize that there currently exists an attorneys' fee provision under the Miscellaneous Provisions(see paragraph (e)), but that miscellaneous provision does not address or grant the authority to an arbitrator to award attorneys' fees to the prevailing party. Accordingly, we recommend that either an attorneys' fee provision be included or incorporated into the dispute resolution section, or that the miscellaneous attorneys' fee provision be revised to authorize an arbitrator, in addition to a trial or appellate court, to award attorneys' fees to the prevailing party and to incorporate the costs of arbitration. Those are the problematic issues that we identified in our review of the two proposed easement agreements. Please feel free to contact this office if you have any questions. cc: Dominic Colletta jeo/acm/90024/rager.me4 05!27 15:43 1997 FROM: 5032432944 P503 TO: 2473 PAGE: 3 MAY-27-97 TUE 3:05 PM WESTLAKE CONSULTANTS FAX NO. 503 624 0157 P. 2 EXHIBIT A PARCEL 1 "KEY PROPERTY" 5 6,(:) 1,VS-1, A = 34'37'55" 10 R = 359.50' L = 217.30' C = 214.00' CB = S15'29'21"W P.E.R.S. 543'14'23"E 56014EX.DWG c° 27.52' SCALE 1" = 80' * 4-07-97 -0 N46'45'37"E R 13.95' A = 77'25'40" tg R = 130.17' 0' 1 a L = 175.91' A = 32'09'19" C = 162.82' R = 359.50' CB = 504'31'33"E L = 201.76' ------ N431 4.23"W C = 199.12' 18.45' CO = S17'54'17"W A = 80'08'46" / R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' s, CB = S831 8'46"E L = 11.04' Yom, C = 11.04' A. CB = S32.49'25" `.> �,1?.., /A = 123'35'08 -/' R = 209.815'0" R = 46.95' 587'55'07"W N87'48'S3"� L = 55.89' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' C8 = 30'17'19"E CO = 558'16'23"W A = 04'16'02" 3WHAW SST-T R = 268.73' L = 20.01' C = 20,01' °ATE 4-8-97 III CB = N89'56'53"W DRAM BY JEW WESTLAKE CONSULTANTS INC. CMECKEO BY GRA REVISIONS ENGINEERING • SURVEYING • PLANNING 5-27-9 PAcxrfc CORPORATE cz rn 10112 S.W. SEQUOIA PARKWAY, SUITE I30 ((003 684-0662 560-14 3 TIGARD,OREGON 91224 '- FAX (503 824-0167 . ,06/09/97 11:43 $503 684 7297 CITY OF TIGARD [ ]001 W.*:f*:f:::*******SIc*********$$$* *** ACTIVITY REPORT *** ****:f::::**:E::3:***************** TRANSMISSION OK TX/RX NO. 9703 CONNECTION TEL 6542698 CONNECTION ID START TIME 06/09 11:39 USAGE TIME 03'50 PAGES 6 RESULT OK FAX TRANSMITTAL 4 pjb ma mail Date June 9, 1997 Number of pages including cover sheet 6 To: Pete Daniels From: Brian Rager Co: MBA Co: City of Tigard Fax#: 554-2698 Fax#: 84-7297 Ph #: 639-4171. Ext, 318 SUBJECT: PERS: Proposed Easement Agreements MESSAGE: Attached is a copy of the memo sent to me by our City Attorney's office. I faxed this same memo to David Bailey on June 6. Please call me if you have any questions. Thanks. JUL-31-1997 11:18 MILSTEAD & ASSOC INC P.01 • M & A MILSTEAD & ASSOCIATES. Inc, teI!. (503)654-2336 CONSTRUCTION PROGRAM MANAGERS f*. (503)654-2698 10121 S.E. SUNNYSIDE ROAD, Suite 335 CLACKAMAS, OREGON 97015 Transmittal Form Sent via ❑ mail ❑ messenger 0 fax ❑ band carry For your ❑ info ❑ action ❑ review and comment 1 II TO: Brian Rager ! \ City of Tigard j J 1 FROM: Peter F. Daniels \� ( DATE: 7/31/97 RE: 1 each Revised Storm and Sanitary Sewer Easements ATTACH MiEN1S: REMARKS: The Revised Easements are forwarded for your review. If you find these acceptable we will send them to New York,Boston, Los Angeles, etc. for signatures of the Adjacent Property Owners. Please return your comments to me. copy to: w/attachments Frank Evans,DAS David Bailey,PERS JUL-31-1997 11: 18 MILSTEAD & ASSOC INC P.02 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT STORM SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon,acting by and through the Public Employes' Retirement System(PERS),hereinafter called the Grantor,grants and conveys unto the City of Tigard,hereinafter called Grantee,a perpetual easement for the maintenance,operation,reconstrirction,inspecting,repairing and necessary access for the conveyance of storm water over and through the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described as follows: PROPERTY DESCRIPTION: The property is as described in Westlake Consultants Int. letter of March 28, 1997, Project No. 560-14-96 and Attachment"A". The storni water originates from two(2)existing catch basins in SW 1-Iaines Street through an outlet pipe in an existing drainage easement(Washington County FEE No. 80-022549)on the south side of the PERS property_ The storm water will flow from an existing outlet,then across or under the PERS property in a drainage swale and pipe, as shown on the"Record"drawings,thence into an existing city storm water inlet located on the PERS property east of the existing sidewalk along SW 68th Parkway. The inlet(which is not located in a drainage easement)is approximately 2.80 feet north of the SW Haines Street intersection with S.W. 68th Parkway and connects to an existing storm drain line within S. W. 68th Parkway. THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this casement does not convey any right,title or interest,nor any other rights except those expressly provided herein,nor otherwise prevent Grantor from the full use and dominion thereover;provided, however,that such use will not interfere with the uses and purposes of the intent of this easement. Liability; Indemnification. Grantor shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and bold harmless Grantor from and against any and all claims, demands,losses, liabilities and expenses(mcluding attorney fees)arising out of or related to any hazardous substances the Grantee brings onto the Grantor's property,as defined or listed in any applicable federal, state or local law, rule or regulation,or which constitute a public health hazard,as defined by rules of the Oregon State Health Division. Grantor shall indemnify and hold harmless Grantee from and against any and all claims, demands, losses, liabilities and expenses (including attorney fees) arising out of or related to any hazardous substances already present on the property or placed upon the property by Grantor,as defined or listed in any applicable federal state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. Grantee shall repair any adjacent paved areas,landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair or alteration operations it conducts its the use of this easement. TERMINATION, Grantee shall take all necessary steps within a reasonable time period to terminate this agreement if Grantee no longer needs the easement for the adequate and appropriate disposal of storm water in this area PERs done drainage m l. (Revised 7/97) page r JUL-31-1997 11:19 MILSTEAD & ASSOC INC P.03 Memorandum of Termination. At any time after providing written noii I pursuant to the above paragraph,Grantor may record a memorandum of termination in the Washington County real estate records. Grantor's signature alone on such memorandum shall be sufficient to effect termination of this easement, however,Grantee shall execute such memorandum if requested by Grantor. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors,:and assigns forever. IN WITNESS WHEREOF,I hereunto set my band this daj*of , 1997 GRANTOR: State of Oregon,acting by and through the Public Employes' Retirement System Signature: Name: Title: _ Date: Witness STATE OF OREGON ) )ss• County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority,e.g. officer,trustee,etc.) Of (Name of party on behalf of whom instrument was executed). Notary's Signantre My Commission Expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Name: Title: Chi Eninca Date: Withess STATE OF OREGON—) ))ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type authority,e.g.officer,trustee, .) Of (Name of party on behalf of whom instrument was executed). z Notary's Si ire" My Commission Expires: NO CHANGE IN TAX STATEMENT PF.BS norm drainage easement (Revised 7197) page 2 JUL-31-1997 11 20 MILSTEAD & ASSOC INC P.04 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY'SEWER KNOW ALL MEN BY THESE PRESENTS THAT The State of Oregon,acting by and through the Public Employes'Retirement System(PERS),having an address of 11410 SW 68th Parkway,Tigard,Oregon,owners of Parcel 2 the 'PERS Parcel',and The Benenson 68th ParkwayI Key LCC,having an address of 708 Third Avenue, 28th Floor, New York New York 10017,owner of parcel 1,the`Key Parcel', hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd., Tigard, Oregon 97223,hereinafter called Grantee,aperpetual easement rthemaintenawa,operation,reconstruction, inspecting,repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingres-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits"C","D",and"E"of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89579, recorded on September 19, 1989 Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is$0.00. However,the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does nbt convey any right, title or interest, nor any other rights except those expressly provided herein , nor otherwise prevent Grantors from the full use and dominion thereover, provided, however, that such use will not unreasonably interfere with the uses and purposes of the intent of this easement Grantee shall not cause any unreasonable interference with Grantors's use of Grantors's property, except to a de minimus extent.All such repairs,replacements,alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at tines, designed to minimize interference to a reasonable degree with Grantors' normal business operations and to safeguard Crrantors' property. Grantee, at Grantee's expense, Shall restore the Key Parcel and the PERS Parcel,and any of Grantors' property,after the completion of such repairs, replacements, alterations or other work performed by Grantee. Liability; Indemnification. Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantors from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees) arising out of or related to any hazardous substances the Grantee brings onto the Grantor's property,as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Divisions Grantor shall indemnify and hold harmless Grantee from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees) PERS sanitary snatx aiscroart • Page 1 7/9'7) JUL-31-1997 11:20 MILSTEAD & ASSOC INC P.OE arising out of or related to any hazardous substances already present on the property or placed upon the property by Grantor, as defined or listed in any applicable federal stare or local law, rule or regulation, or which constitute a public health hazard,as defined by rules of the Oregon State Health Division. Grantee shall repair any adjacent paved areas,landscaping irrigation systems or buried utilities it damages or destroys during any maintenance, repair or alteration operations it conducts in the use of this easement. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the "Access Road")between the common boundary of the Key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public stream SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel,and any easements necessary to be granted to servicing companies in connection herewith, collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road,have authorized the provision of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the teams and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions,Washington County Fee No. 88-52298 (the cost of maintaining,repairing and/or replacing the easement grants hereby shall be the same as the`Utility Easement"referred to in Section 7 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms,conditions,covenants,easements,and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel, their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights,interests and obligations,subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable ai law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. BREACH; INDEMNIFICATION: Breach In the event any party shall fail to perform its obligations under this Agreement,the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing prOvisions of this Section and The Declaration of Restrictions, Washington County Fee No. 88.52298, and except to the extent otherwise specifically provided herein,each party shall provide the other with ten(10)days prior notice,at the address for such party set forth above,of a default under this Agreement and with an oppomuuty to cure the default within such ten (10)day period. Indemnification Each party shall inderrmify, defend and hold the other party harmless from and against any and all claims,ems, liabilities,loss,damage,and costs (including reasonable attorneys'fees)incurred in connection with, or arising from,due to,or as a result of: i. the negligence,omission or willful misconduct of the indemnifying party,its agents,servants PERS aaaitery sewer mamma Page 2 (Raved 1/97) JUL-31-1997 11 21 MILSTEAD & ASSOC INC P.Ur, or employees,or ii, injury or death of persons,damage to property,or claims of lien arising from and anributable to work or labor performed,materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Oregon pursuant to the rules then in effect of the Arbitration Service of Portland,Inc.;provided,however that nothing contained in this Se tiara shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in The Declaration of Restrictions,Washington County Fee No. 88-52298, indepe:adr ntly of and prior to or simultaneously with arbitration thereon or on any other matter_ The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigation, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statute of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS Chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter And no modification,variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel,including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto,including,without limitation,granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing party, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal,as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however, that such parties shall not incur any obligation or liability as a result of such execution: 1. Key Services Corporation,the tenant of the Key Parcel; PERS sanitary sewer easemo t pagr 3 (Revised 7A7) JUL-31-1997 11:22 MILSTEAD a ASSOC INC P.07 2. KeyCorp.,tenant's guarantor;and 3. John Hancock Mutual Life Insurance Company,John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company,collectively,the holder of a deed of trust on the Key Parcel_ (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one docunent_" IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee,its successors,and assigns forever. IN WITNESS WHEREOF,I hereunto set my hand this day of 1997 Grantors: State of Oregon, acting by and through the Public Employes?Retirement System Signature: Name: Title: Date: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date)by (name(s)of person(s))as (type of authority, e.g. officer,trustee, etc.)of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: The Benenson 68th Parkway Key LLC,an Oregon limited liability company By: The Benenson Capital Company, a New York General Partnership, Member By: The Charles B. Benenson Family Trust U/A dated December 19, 1972, a partner By: Charles B. Benenson,Trustee PUBS sanitary sewer esseronol page 4 (Rrvaad 9197 JUL-31-1997 11 23 MILSTEAD & ASSOC INC P.08 By: The Benenson March 1985 Trust,Member By: Emanuel Lubin, Co-Trustee By: Lawrence Rivkin,Co-Trustee By Sidney A. Migdon,Co-Trustee ACKNOWLED('r.M STATE OF NEW YORK ) )ss. County of ) This instrument was acknowledged before me on , 1997,by ,as trustee of The Charles B.Benenson Family Trust U/A dated December 19, 1972, which trust is a partner of The Benenson Capital Company,a member of The Benenson 68'h Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My oomrnission expires: ACKNOWLEDGMENT STATE OF NEW YORK ) )5s. County of This instrument was acknowledged before me on. ,, 1997,by ,as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68� Parkway Key LLC, an Oregon limited liability company. Notary Public for New York My commission expires: PERS seautsry sewer estsmed MP 5 (Revised 7197) JUL-31-1997 11:23 MILSTEAD & ASSOC INC P.09 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss- County of ) This instrument was acknowledged before me on j , 1997,by ,as co-trustee of The Benenson March 1985 Trust,a member of The Benen.on 68th Parkway Key LLC,an Oregon limited liability company. Notary Public for New York My 'commission expires: ACKNOWLEDQMETO STATE OF NEW YORK ) )ss. County of This instrument was acknowledged before me on , 1997,by , as co-trustee of The Benenson March 1985 Trust,a member of The Benenson 68th Parkway Key LLC,an Oregon limited liability company. Notary,Public for New York My canunission expires: Consented and agreed: Key Services Corporation By: KeyCorp. BY: LESS eamitary sewer mammal Pottle 6 (Revised 7/97) JILL-31-1997 11 23 MILSTEAD & ASSOC INC P.10 i John Hancock Mutual Life Insurance Company By: John Hancock Life Insurance Company of America By: _ John Hancock Variable Life Insurance Company By: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1997 Signature: Nano: Title: City finmineer Date: Witness _ STATE OF OGON ) )ss County of W 4 gton ) This instrument ' acknowledged before me on', (D )by (na (s)of�n(a))as type of authority, offs :trustee,etc.)of (Name of party on whom instrument was executed). ■ Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT I PERS seostary.ew�®erocat i (R vi 7197) 1 H • FAX TRANSMITTAL A& essa Date August 26, 1997 Number of pages including cover sheet 2 To: Peter Daniels From: Brian Rager Co: M&A Co: City of Tigard Fax#: 654-2698 Fax#: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS Sewer and Storm Agreements MESSAGE: See attached letter. I:\ENG\FAX.DOT IIJI CITY OF TIGARD August 26, 1997 OREGON Mr. Peter Daniels Milstead & Associates, Inc. 10121 SE Sunnyside Road, Suite 335 Clackamas, OR 97015 VIA FAX: 654-2698 RE: PERS PROJECT PUBLIC SANITARY AND STORM SEWER EASEMENT AGREEMENTS Dear Mr. Daniels: I have reviewed the agreement revisions that were faxed to this office on July 31, 1997, and have determined that they are acceptable. The requested changes from our City Attorney's office were adequately addressed. You may now have these documents formally assembled with the proper exhibits, signatures and notaries and sent back to me for recording. Thank you for your attention in this matter. Sincerely, 911° Brian D. Rager, PE Development Review Engineer \brianr\0826pers.ltr 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 08/26/97 12:31 $503 684 7297 CITY OF TIGARD 0001 • *********************ear**** *** ACTIVITY REPORT *** *************************** TRANSMISSION OK TX/RX NO. 3128 CONNECTION TEL 6542698 CONNECTION ID START TIME 08/26 12:30 USAGE TIME 01'10 PAGES 2 RESULT OK FAX TRANSMITTAL Date August 26, 1997 Number of pages including cover sheet 2 To: Peter Daniels From: Brian Ra er Co: M&A Co: City of Tigard _ Fax #: 654-2698 _ Fax #: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS Sewer and Storm Agreements MESSAGE: See attached letter. May 11, 1998 0110.0 eak CITY OF TIGARD Mr. David Bailey OREGON State of Oregon Public Employees Retirement Board(PERS) 11410 SW 68th Parkway Tigard, OR 97223 RE: PERS PROJECT, SDR 96-0010 PUBLIC EASEMENTS Dear Mr. Bailey: On or around June 1, 1997, PERS was granted a"temporary occupancy" approval from the City of Tigard pending completion of certain conditions of approval,two of which involve my department, Engineering. Condition #4 requires PERS to coordinate with the property to the north(owned by Key Bank) in the dedication of a public sanitary sewer easement over the joint driveway, and Condition#6 requires PERS to grant to the City a public storm drainage easement across the PERS site. As you may recall, a great deal of time and effort was spent between PERS representatives, Key Bank representatives, our City Attorney and myself in revising these two easements to a form acceptable to all parties. You may also recall that Conditions #4 and#6 were originally required to be met prior to issuance of building permits on the project. PERS requested that the completion of these conditions be waived until occupancy of the building because of the number of representatives involved and the geographical separation between them. In a spirit of cooperation,the City granted the extension. However,when PERS was ready to occupy the building on June 1, 1997, the easements had still not been completed and given to the City for recording. The City was again asked to grant an exception to PERS because of the delay in getting signatures on the two easements. Again,the City cooperated with PERS. The last correspondence I received from your representative, Peter Daniels(Milstead & Associates, Inc.), was on July 31, 1997, when he faxed me the final revisions of the easements. I sent him a response, dated August 26, 1997, after the easement revisions had been reviewed by our attorney, indicating that the revisions were acceptable and that he would need to assemble both easements with the proper exhibits, get them signed and notarized and sent back to me so the City could record them. I have not heard back from Mr. Daniels or PERS since that time. The City has not yet released a Certificate of Occupancy on the PERS building, and I have requested that they do not until the easement issue is resolved. Perhaps the 13125 SW Hall Blvd., Tigard, OR 97223(503)639-4171 TDD (503)684-2772 Mr. David Bailey May 11, 1998 Page 2 easements are ready and just need to be sent in to the City, or it is possible that someone has recorded the easements already and the City has not received the recorded copies. I am requesting that you look into this matter and let me know a status by June 1, 1998. Thank you in advance for your cooperation in this matter. We are anxious to get this project closed out. Please feel free to call me at 639-4171, ext. 318 if you have any questions. Sincerely, Brian D. Rager, PE Development Review Engineer c: Peter Daniels, Milstead&Associates, 10121 SE Sunnyside Rd., Suite 335,Clackamas,OR 97015 Bill Monahan,City Manager Gus Duenas,City Engineer Jim Hendryx,Community Development Director David Scott, Building Official \brianr\pers 1.Itr AUG 26 '98 03:28PM O'DONNELL, RAMIS P. 1 O'DONNELL RAMIS CREW CORRIGAN & FACSIMILE TRANSMISSION COVERSHEET BACHRACH, LLP, THIS COMMUNICATION MAY CONSIST OP ATTORNEY PRIVILEGED AND CONFIDENTIAL ATTORNEYS AT LAW INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IP THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE 1727 N.W, Hoyt Street EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE Portland,Oregon 97209 HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OP THIS COMMUNICATION IS STRICTLY PROHIBITED. IP YOU HAVE RECEIVED THIS COMMUNICATION (S03)22.2U2 ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL Fax: (503)243-2344 MESSAGE TO US AT THE ABOVE ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. DATE: August 26, 1998 CLIENT NO.: 90024-14 TO Brian Rager Tigard Development Review Engineer FAX NO.: 684-7297 TELEPHONE NUMBER.; 639-4171 FROM: Gary Firestone DESCRIPTION OF DOCUMENT TRANSMITTED: Memo regarding PERS sanitary sewer easement agreement. COMMENTS: PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET, IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: Anja Mundy j ] AN ORIGINAL IS BEING MAILED [XX I AN ORIGINAL IS AVAILABLE UPON REQUEST AUG 26 '98 03:2BPM O'DONNELL, RAMIS P.2 O'DONNELL RAMIS CREW CORRLQAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W.Hoyt stmt MEMORANDUM Portland,Oregon 97209 (503)222-44Q2 TO: Brian Rager, Development Review Enginee 41 FROM: Gary F. Firestone, City Attorney's Office DATE: August 26, 1998 RE: PERS - Sanitary Sewer Easement Agreement Per your request, our office reviewed the latest sanitary sewer easement agreement submitted by PERS to the City for signature. As you noted, the agreement submitted by PERS is different than the version the City agreed to and sent PERS for signature on July 31, 1997. The sanitary sewer easement is a condition of approval of a site development review (SDR 96-001) approved by the Community Development Director. See, conditions#4 and 6 on the notice of decision. Condition #4 relates specifically to the sanitary sewer easement. This condition provides that the easement agreement shall be reviewed and approved by the City. If this is not done, the condition has not been met. Therefore, the City may require PERS to sign the July 31, 1997 version of this agreement, or any other version that the City may approve, in order to meet the condition of approval requirement. For your information,we have provided a summary of the changes made by PERS in the sanitary sewer easement agreement: 1. KNOW ALL MEN BY THESE PRESENTS THAT After 'PERS Parcel' and after `Key Parcel'the following phrase was added, "description of which is annexed hereto", AUG 26 '98 03:28PM O'DONNELL, RAMIS P.3 Memorandum re: PERS - Sanitary Sewer Easement Agreement August 26, 1998 Page 2 2. LIABILITY; INDEMNIFICATION First,PERS added the phrase"work done by Grantee, Grantee's contractors and subcontractors, and to any" prior to the phrase "hazardous substances" in this section. Second, PERS deleted mutual indemnification language contained in the City's version which stated: "Grantor shall indemnify and hold harmless Grantee from and against any and all claims, demands, losses, liabilities and expenses(including attorney fees) arising out of or related to any hazardous substances already present on the property or placed upon the property by Grantor, as defined or listed in any applicable federal state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division." Third, in the second paragraph of this section, PERS added the phrase"any portion of Grantor's property and" after the first words"Grantor shall repair". 3. BINDING UPON SUBSEQUENT OWNERS The following sentence was added to the end of this section: "Upon the sale or transfer of title to a parcel by a Grantor, such Grantor shall thereupon be released of all of Grantor's obligations thereafter accruing hereunder, and each subsequent purchaser or assignee shall be deemed to have assumed all obligations on the part of Grantor to be performed hereunder during the time such Grantor shall be the owner of said parcel." 3. BREACH; INDEMNIFICATION _ Indemnity The City's version of this paragraph contained mutual indemnification language. PERS has amended this paragraph to read that only the City shall indemnify PERS. We note that while the first of these changes may be minor and acceptable, the others are substantive and provide less protection or greater potential liability for the City. Please call with any questions. gri7aem/90024/perseasemerrt.me 1 City of Tigard x.--- 13125 SW Hall Blvd Tigard OR 97223 H1�µ�F,�i Phone(503)639-4171 —14 =•i I Fax: (503)684-7298 L etter of Transmittal Transmitted By: Date 8/24/98 Project# ® Mail Project:. PERS Building, Tigard SDR 96-0010 ❑ Will Call ❑ Other To Anja Mundy Address O'Donnell Ramis Crew 1727 NW Hoyt Street Portland, OR 97209 We are Sending you... Transmitted... ❑ Drawings ❑ Prints ❑ For Approval ❑ Specifications ❑ Plans ® As Requested ❑ Copy of Letter ❑ Samples ❑ For Your Use ❑ Change Order ® Other ❑ Comment #of Copies Description 1 Copy of latest submittal of Sanitary Sewer Easement from PERS 1 Copy of sanitary and storm easement drafts that we approved for signing. 1 Copy of Jim Oliver's memo to me. dated 5/30/97, with easement revisions. 1 Copies of initial submittals of sanitary and storm easements for our review. Items Are... ® Attached ❑ Under Separate Cover via Remarks: Hope all this makes sense. Please note that PERS has only resubmitted the Sanitary Sewer easement for our signing. I am not sure where the Storm easement is; they have not resubmitted that one yet. As you will see, Jim Oliver pointed out common language problems in both easements initially. Let me know if you find any other"changes" they have made since our approval last summer. From: Brian D. Rager Mp M I LSTEAD & OZ. ASSOCIATES, Inc. CONSTRUCTION PROGRAM MANAGERS RECEIVED Three Town Center 10121 S.E. Sunnyside Road Suite 335 AUG 1 . 1998 Clackamas, Oregon 97015 503/654-2336 COMMUNITY DEVELOPMENT FAX: 503/654-2698 August 18, 1998 Mr. Brian Rager City of Tigard City Hall 13125 SW Hall Blvd Tigard, OR 97223 RE: PERS Headquarters Building Sanitary Sewer Easement Building Permit No. BUP97-0155 dated April 15, 1997 Dear Brian: Enclosed is one set of three(3) original documents of the Sanitary Sewer Easements for the subject project. Each document contains DIFFERENT signatures of the nine(9) signatures required to execute the easements for the two properties, the lender, trust and tenant for the adjacent property. Please have the City Engineer sign each of the three documents in this set and return the entire set of ORIGINALS to us so that we can get them recorded with Washington County. We will return a copy of the recorded documents to you after they have been duly recorded. Please note Miscellaneous Provision number(i) at the top of page four which indicates that the easement may be executed in any number of counterparts. Sincerely, PETER F. DANIELS Enclosusre C51...5- �o (ar- ltGa,) (2.416 . r Na1f�: '{+liy Dov1Mi%w'( jry oNti povuMPtTy lu A pUGpoNT %AmNkV *T* QtwtIr1Ate hti6rNkovhor : Pbr� ONNKON gIVw/ Ca9Y. • Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT the State of Oregon, acting by and through the Public Employees' Retirement System (PERS), having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the `PERS Parcel' description of which is annexed hereto, and The Benson 68th Parkway Key LCC, having an address of 708 Third Avenue, 28th Floor,New York,New York 10017, owner of parcel 1, the `Key Parcel' description of which is annexed hereto, hereinafter called the Grantors, grant and convey unto the City of Tigard,having an address of 13125 SW Hall Blvd.,Tigard, Oregon 97223,hereinafter called Grantee, a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingress-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits"C" , "D", and "E" of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989. Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title or interest, nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion there over; provided, however, that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. Grantee shall not cause any unreasonable interference with Grantor's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference to a reasonable degree with Grantors' normal business operations and to safeguard Grantors' property. Grantee, at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs,replacements,alterations or other work performed by Grantee. LIABILITY; INDEMNIFICATION: Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees) arising out of or related to any work done by Grantee, Grantee's contractors and subconstractors, and to any hazardous substances the Grantee brings onto the Grantor's property, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. PERS Sanitary Sewer Easement Page 1 • LA*S � 6 Grantee shall repair any portion of Grantor's property and any adjacent paved areas, landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair, or alteration operations it conducts in the use of this easement. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the"Access Road")between the common boundary of the key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68`" Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel, and any easements necessary to be granted to servicing companies in connection herewith collectively are referred to herein as the "Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provisions of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions,Washington County Fee No. 88-52298(the cost of maintaining,repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 7 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms,conditions,covenants,easements,and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel, their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitude in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. Upon the sale or transfer of title to a parcel by a Grantor, such Grantor shall thereupon be released of all of Grantor's obligations thereafter accruing hereunder,and each subsequent purchaser or assignee shall be deemed to have assumed all obligations on the part of Grantor to be performed hereunder during the time such Grantor shall be the owner of said parcel. BREACH; INDEMNIFICATION: Breach: In the event any party shall fail to perform its obligations under this Agreement,the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of the Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein, each party shall provide the other with ten (10) days prior notice, at the address for such party set forth above, of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification: Grantee shall indemnify, defend and hold the Grantors harmless from and against any and all claims, expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: PERS Sanitary Sewer Easement Page 2 t+ LAOLI V • i. the negligence, omission or willful misconduct of the Grantee, its agents, servants or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out of or in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Oregon, pursuant to the rules then in effect of the Arbitration Service of Portland; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in the Declaration of Restrictions,Washington County Fee No. 88-52298,independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigations, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statue of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State Of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification, variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing part, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however that such parties shall not incur any obligation or liability as a result of such execution: PERS Sanitary Sewer Easement Page 3 1. Key Services Corporation, the tenant of the Key Parcel; 2. Key Corp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document. IN WITNESS WHEREOF, The parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors,and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this 1314 day of ,4v�ti&V' , 1998. Grantors: State of Oregon, acting by and through the Public Employees Retirement System 4 ,/ Signature: I II Name: �►.v id . flit? Title: •ac.put? Arec4rl -P E RS Date: g - (3- q$ Witness STATE OF OREGON ) )ss. County of Washington ) This inst ment was acknowledged before me on 4 AL`S//i /99F (Date) by �d ,'/6 y (name(s)of p rson(s) as (type of authority, e.g. officer, trustee, etc.) of SG----/i,(7)- Jige-d ioie OF pas (Name of party on behalf of whom instrument was executed). 0(a 6. r OFFICIAL SEAL 1 Notary's Signature _r= CAROL A.WHELAN () My Commission Expires:% /� -QOM �J NOTARY PUBLIC-OREGON ..` COMMISSION NO.052811 (, MY COMMISSION EXPIRES JUNE 11,2000 PERS Sanitary Sewer Easement Page 4 The Benenson 68`"Parkway Key LLC, and Oregon limited liability company By: The Benenson Capital Company a New York General Partnership, Member By: The Charles B. Benenson Family Trust, a partner By: Charles B. Benenson, Trustee By: The Benenson March 1985 Trust, Member By: e :nuel Lubin, Co-Trustee By: Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) ) County of ) This instrumen was acknowledged before me on by 9, , 1998, by Caf�e��s 6 . o-ve-AiS.o,c) , as trustee or The Charles B. Benenson Family Trust, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Caltrrxi.„4, Notary Public of New York My commission expires: CARMEN S. PETERSON Notary Public,State of New York No.01PE4966281 Qualified in New York County Commission Expires May 7,2000 PERS Sanitary Sewer Easement Page 5 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of Ne,,,, Yoylc.. ) This instrument was acknowledged before me on l 1998, by J=i4A o,,,,, CA ,� �„���� v/ , as co-trustee of The nenenson March 1985 Trust, a member of The Benenson 68'" Parkway Key LLC, an Oregon limited liability company. 414 !Jo ca/f-ri( Notary Public for New York My commission expires: RuYN oc , NOTARY PUBUC,State of New Yoh Qualified inn 492645 ACKNOWLEDGMENT Commission Expires June 20, .z c c c. STATE OF NEW YORK ) )ss. County of K Q.+ti c V/L ) This instrument was acknowledged before me on j.`.l c/ , 1998, by L-Ch✓w42/LA CZ' IC .f lc..(.� , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68'" Parkway Key LLC, an Oregon limited liability company. et,t1/- .9(0 u-dar.)‘ Notary Public for New York My commission expires: mina p t osi ru.K NOTARY No. 92694New Yak Qualified in Nassau Coun ACKNOWLEDGMENT Commission Expires June 2Ot L 2c c o STATE OF NEW YORK ) )ss. • County of N look ) This instrumeilt was acknowledged before me on , 1998, by 'Ct tA ( - YI4 i t ,o , as co -trustee of The/Benenson March 1985 Trust, a member bf The Benenton 68`" Parkway Key LLC, an Oregon limited liability company. AL4.7-vc-4 Notary Public for New York My commission expires: UB C NOTARY PP LOVELOCK Guelified in 2ut t6 Commission Expires June $ -C o U PERS Sanitary Sewer Easement Page 6 Consented and agreed: Key Services Corporation By: S 515 Sec cr� ACKNOWLEDGMENT STATE OF O Hi O ) )ss. County of C- y .6 5 ) This instrument s a nowledged before me on J to I q1 g (Date) by S}e-v e v((4 c.-L (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). 1 s Signature My Commission Expires: SONDRA R. CAMERON,Attorney-at-Law Key Corp, NOTARY PUBLIC . STATE OF OHIO My Commission Has No Expiration Date 56 Section 147.03 Ohio Revised Code By: A-ss,s�+,.} Sew.-may ACKNOWLEDGMENT STATE OF O )ss. County of a.. o ) This instrument as a nowledged before me on 2' ( � 19 t (Date) by ,S1ev•e.,a t 3AAI, (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (\c,st. Se c.0.2- c, (Name of party on behalf of whom instrument was executed). ii. • 1"././.. Notary's Signature My Commission Expires: SONDRA R. CAMERON,Attorney-at-Law NOTARY PUBLIC -STATE OF OHIO My Commission Has No Expiration Date Section 147.03 Ohio Revised Code PERS Sanitary Sewer Easement Page 7 John Hancock Mutual Life Insurance Company By: ACKNOWLEDGMENT STATE OF ) )ss. County of _ ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: John Hancock Life Insurance Company of America By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 8 John Hancock Variable Life Insurance Company By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 9 Consented and agreed: Sisters of Providence in Oregon By: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1998 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on _ (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT PERS Sanitary Sewer Easement Page 10 f9i r-1s—:557 i0:05 riI LET EF,D & ASSOC INC P.a? EXHIBIT IBIT A • • • WESTLAKE CONSULTANTS ivc. ENGINEERING it SURVEY/NG*.PLANNING Phaoe: 503 684-c652 Fax 503 6Z4-0157 FERS Sewer Easement Project No.:560-14-96 April I1, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 1/4 of Section 36,T. 1 S.,RAW.,Willamem Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989,Washington County Deed Records,being a 15-foot strip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest corner of said Parcel 2,being a point on the easterly right of way line of S.W.68th Parkway; 'hence,,along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sewer Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGIIgN1NG; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or loss. JEW:4/11/97 REGISTERED PROFESSIONAL SURVEYOR 3mi+t i,S0fH+WW diidaNi.loc lilt OREGON ,IDLY 28.loci GARY a °ER8ON Kiekt.leaul 17_131 h--) iN Pacific Corporate Center.15115 S.W.Sequoia Parkway,Suite 150,Moira.Oreeca 97224 ..:lt-t--if lU:t iu:u� A2 #zoilA2� i,Qtt ULIAY1S :.... A,.. 803 824 0157 P. 3 EXHIBIT A PARCEL 1 "KEY PROPERTY" / y c.S5���'�4°��,�'P• ?°. Os. c3,O '�.'•'' • ' O� 5� A = 34'37'55" • R = .359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = 515'29'21"W S43'14'23"E 56014EX.DWG co 27.52' SCALE l' = 80' 1 4-07-97 17 N46'45'37"E 13.95' o = 77'25'40" �/ R = 130.17' ch L = 175.90' A = 32'09'20" C = 152.82' R = 359.50' C8 = 504'31'33"E L = 201.76' N43"i 4'23"W C = 199.12' 18.45' CB = S1T54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 0278'01" C =72.32' R = 256.48' 3, CB = S8318'46"E L = 11.04' _ �,�� C = 11.04' �j�� CB = S32'49'25"E \/. , / A = 15'18'40" A = 123'35'08" ��--1 R = 209.15' R = 46.95' S87'55'07"W X187'48'53"W L = 55.69' L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' CB = 55816'23"W CS = 3017'19"E 8 W HAN S STJ i Q = 0416'02" R = 268.73' • L = 20.01' OA7E 4-8-97 I C = 20,01' �� , BY Iii WESTLAKE CB = N89.56'53"W SEW CONSULTANTS arc a-1Et XED BY GRA ENGINEERING • SURVEYING • PUNNING REYISONS PACIFIC CORPORATE CENTER 15115 S.W. SEQUOIA PARKWAY, SUCf6 I50 50.9) 984-0&52 .�B NQ 560-14 TIGAdD.OREGON 9rzu FAY $011 R24-0157 .r.,. :-,. r 1':Wit,. --.-. = t+�,a• t„ „_y...�.,. 4-7:---.,jct. :Y,54.:•'V' ''-1' f .� s• a4. t V�; . . 1r, • ti•4a.03. ,.•M S ,.,754..,.:,,7.. .I • _ _ ' ''0 tij ? t 44 :-,. .4 ce:' K .r? fv. ! I .:-A . . :. EXHIBIT A (Key Parcel) s AUG. 12, 1538 tom, WESTWOOD CORPORATION z7-. PROPERTY DESCRIPTION •:-t = 2 PARCEL 1 Description of a ' p parcel of land situated in the B.E. 1/4 Section ,;,,y-. 36, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington and State of Oregon, said parcel being a part of that certain tract of land conveyed to Portland • '�0 General Electric Company by Bargain and Sale Deed Recorded Jan- 1-1,4 uary 29, 1962 in Book 456 Page 4:3, Deed Pecords for Washington •• County, Oregon, said parcel more parti..ularly described as ...,,'^ • follows! •°�, Beginning at a brass cap monument marking the East 1/4 corner of Section 36, Township 1 South, Range 1 West, Willamette Meridian; . i thence North 87°41 '06" West 474. 13 feet to the Ini .sal Point of % ' "Way Lee", a recorded plats thence continuing Perth 87°41 '06" frr;', West along the South line of said plat 1:8.60 feet to a point t:`?' therein and the Northwest corner of the aforesaid Portland Gen- f.-- .A. 'oral Electric Company tract of land; thence South 01048'51" West {{ along the West line of said tract 657.47 feet to the Northeast ' ' c�.' corner of that certain parcel of land described in Washington County Recorder 's Fee No. 87041375; thence North 88°11 '35" West 1 �'. along the North line thereof 78.28 feet to the Northwest corner thereof, said corner being in the Easterly right of way line of 411i-' S.W. 68th Parkway, a dedicated street 60.00 feet widet thence along said line along the arc of a non-tangent 340.00 foot radius t' curve left 24.60 feet through a central angle c'f 04°08'42" (the f_P chord bears South 37 025'59" East 24.59 feet) to a point of Wg tangency; thence South 39°30'20" East 114. 11 feet to the beginn- ing of • tangent 359.50 foot radius curve right; thence along the .1;),?if arc of said curve 42.04 feet through a central angle of 06°42'03" ' Y�� (the chord bears South 36°09'18' East 42.02 feet) to a point ; jy.; therein; thence leaving said right of way line North 50°32'07" „Zi East 113.50 feet; thence South 84°27'53" East 314.61 feet to a 4"VN;. point in the Westerly right cif way line of Interstate 5; thence along said line North 06 019'27" East 13.50 feet to a point 195.00 ka.".;(a feet right of Enli....ers Centerline Station 34+00 P.O.S. ; thence nt; continuing along said line North 25°22'42" East 562.74 feet to A t; �X� point which bears South 23 022'42" West 67.01 feet from a point Vi 160.00 feet right of Engineers Centerline Station 29+00 N.O.C. ; :AI. said point being in the East line of Section 36, aforesaid; 1. r'' p' r thence along said section line North 01°31 '36" East 205.92 feet ;;N`�t.:;; , to the paint of beginning. ± ;' CONTAINING THEREIN an area of 431 ,650.3 square feet. (9.909 " .- '' acres, moe or less) .. '''te� 1 r• r.r.e.{MS7 -4;':' 'ft,:"•6*-:' 4 ::, :-r '.. IV. . • ;711. .SII`rs,..T.4;"*. ____.. '::: 1'12•1.. -i 7 .4%. .- ". . , . , . . .. ... li . i3XIIIBIT B -1. (Adjacent Parcel) E ,. • iY: AUG. 12, 1988 r` . -i WESTWOOD CORPORATION 4?L.-`, PROPERTY 3E8CRIPTION • PARCEL. 2 Description of a parcel of land situated in the S.E. 1/4 Section -.=-1 36. Township 1 South, Range 1 West, Willamette Meridian, City of " ' Tigard, County of Washington and State of Oregon, said parcel ^, . being a part of that certain tract of land conveyed to Portland [..:.i■ . General Electric Company by Bergain and Sale Deed Recorded Jan- _. uary 29, 1962 to Book 456 Page 433, Deed Records for Washington _- County, Oregon, said parcel being more particularly described as F.r. followes .v Commencing at a brass cap monument marking the East 1/4 corner of Section 36, Township 1 South, Piinge 1 West, Willamette Meridian; f. thence South 01031 '36" West along the East line of said Section " , 205.02 feet to it 's intersection with the Westerly right of way 4x' line of Interstate 5, said point bears South 25°22'42" West 67.01 feet from a point 160.00 feet right of Engineers Centerline ti Station 28+00 P.O.C. s thence along said right of way line South 25°22'42" West 562.74 feet to • point 195.00 feet right of Engin- eers Centerline Station 34+00 P.O.S. ; thence continuing along •� ' said Westerly right of way line South 06°19'27" West 13.5C feet ` " to the true point of beginning of the hereinafter described parcel a' land; thence leaving said line North 84°27'53" West 314.61 feet; thence South 50°32'07" West 113.50 feet to a point -' in the Easterly right of way line of S.W. 68th Parkway, a dedic- �.�- ated street 60.00 feet wide; thence along said line along the arc of a nor.-tangent 339.50 foot radius curve right 419.05 fest through a central angle of 66°47' 12" (the chord bears South 00° , 35'19" West 395.73 feet) to a point of reverse Curvature; thence '.i along the arc of said curve 11.03 feet through a central angle of 02°27'54" :the chord bears South 32°44'58" West 11.03 feet) to a � 4u, aint of compound curvature; thence along the arc of a 47.00 foot t radius curve left 101.37 feet through a central angle of 123°35' . *,, 45" (the cnord bears South 30°16'21" East 82.83 feet) to a point : '_' of tangency, said pnint bein;l in the North line of B.W. Haines Street, variable in width; thence along said North line .forth 87° .*: 56' 16" East 57.77 feet tc a point 30.00 feet Northerly of (when "i►+e •• measured at right angles) "H" line as established by the i!"'_ O.D.O.T. ; thence South 87°48'53" East parallel to said line 51.85 .- feet to its intersection with a 209. 15 foot radius non-tangent :.1. 1 . curve right; thence along the arc of said curve 166.64 feet •. q g through a ce.,tral angle of 45°39'05" (the chord bears North 73° la,,. 26'36" East 162.27 feet) ; thence tangent to said curve South 83° 43'48" East 51.35 feet to a point in the Westerly line of Inter- ' , '•�1 , 1, .rL�,��ti; a1.i:- . »w,.yy.fw7<y.:✓^. ,:+i. a - • :e .'.a•`. r .y :C�-,%ar 1�..\.-11 _4,- ""ety-' k.ri .. _• • f . A..,. ... A..2.„10 AO ....24:. L.43: 1115 .I •t •K- •1! PARCEL 2 (CO V7) +fw. PAGE 2 r: ,:ite..A., i state 5, as established by the O.D.O.T. , said point bears North ..0 06019'27' West 44. 17 feet from • point 150.00 feet right of Eng- u ineerr Centerline Station 39+00 P.O.S. ; thence along said right of way line North 06019'27" East 480.31 feet to the point of t{: beginning. ..A CONTAINING THEREIN an arcs of /75,067.6 square feet. (4.019 v. scrims, more or less) . 6:17 I. vc; i•• f;A 'a:,: 4. .J I.F.• ,t• 5• '-. {,.. tom � � l ' ■01E DoC4IM4I1 PO, of/ (,) Pvc/oMpflo 14 rtir. 9/0(4110wT Iy E01 olvi‘riwM- Wi1� 0&I04at/ h.VolAiµpYy PKt7 JokN kiocf ' Mur(V rly • Josh+ 4400c* tiftf 10, 40414 tANUOVf1i411,1k431#left Wo: v . . SENT BY: / 7-31-98 ; 2:53PM ; ,;OLDFARB & FLEECE 617 5729268;# 3/17 Return recorded document to CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT the State of Oregon, acting by and through the Public Employees' Retirement System (PERS), having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the`PERS Parcel' description of which is annexed hereto, and The Benson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th floor,New York,New York 10017, owner of parcel 1, the`Key Parcel' description of which is annexed hereto,hereinafter called the Grantors, grant and convey unto the City of Tigard, having an address of 13125 SW Hall Blvd.,Tigard,Oregon 97223,hereinafter called Grantee, a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingress-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits"C" ,"D", and"E" of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989. Said new sanitary sewer casement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right, title or interest, nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion there over; provided, however, that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. Grantee shall not cause any unreasonable interference with Grantor's use of Grantors's property, except to a de rninimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference to a reasonable degree with Grantors' normal business operations and to safeguard Grantors' property. Grantee, at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs,replacements,alterations or other work performed by Grantee. LIABILITY; INDEMNIFICATION: Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees) arising out of or related to any work done by Grantee, Grantee's contractors and subconstractors, and to any hazardous substances the Grantee brings onto the Grantor's property,as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. PERS Sanitary Sewer Easement Page 1 • . SENT .BY 7-31-98 ; 2:53PM ; GOLDFARB & FLE LL 617 5729268;# 4/17 Grantee shall repair any portion of Grantor's property and any adjacent paved areas, landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair, or alteration operations it conducts in the use of this easement. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the"Access Road") between the common boundary of the key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68'h Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel, and any easements necessary to be granted to servicing companies in connection herewith collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provisions of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions, Washington County Fee No. 88-52298(the cost ofmaintaining, repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 7 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms,conditions,covenants,easements,and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel, their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitude in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. Upon the sale or transfer of title to a parcel by a Grantor, such Grantor shall thereupon be released of all of Grantor's obligations thereafter accruing hereunder,and each subsequent purchaser or assignee shall be deemed to have assumed all obligations on the part of Grantor to be performed hereunder during the time such Grantor shall be the owner of said parcel. BREACH; INDEMNIFICATION: Breach; In the event any party shall fail to perform its obligations under this Agreement, the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of the Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein, each party shall provide the other with ten (10) days prior notice, at the address for such party set forth above, of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification: Grantee shall indemnify, defend and hold the Grantors harmless from and against any and all claims, expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of PERS Sanitary Sower i ascrncnt Page 2 . , SENT SY= 7-3;-y8 ; 2:54P1, GOLDFARB & Fl FFCE 617 5729268;# 5/17 i. the negligence, omission or willful misconduct of the Grantee, its agents, servants or employees, or ii. injury or death of persons, damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out ofor in connection with or relating to this Agreement or any breach or alleged breach hereof shall,upon the request of any party involved, be submitted to and settled by arbitration in Oregon, pursuant to the rules then in effect of the Arbitration Service of Portland; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in the Declaration of Restrictions, Washington County Fee No. 88-52298,independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator, The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigations, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statue of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State Of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification, variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent,the remainder of this Agreement or the application of such provision to such person or circumstance,other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement,the prevailing party shall recover from the losing part, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (I) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however that such parties shall not incur any obligation or liability as a result of such execution: PERS Sanitary Sewer Easement Page 3 SENT BY: 7-3.-.xs ; 2:54PM ; GOLDFARB & FLEECE 617 5729268;# 6/17 1. Key Services Corporation, the tenant of the Key Parcel; 2. Key Corp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) 'l'his Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document. IN WITNESS WHEREOF, The parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee, its successors,and assigns forever. IN WITNESS WHEREOF, l hereunto set my hand this day of,./110S tat , 1998. Grantors: State of Oregon., actin 7 by and through the Public Employees Retirement System / Signature: 411/1 F Name_ .D4 v• • Act. "7 Title:Date: l3� ir �r, -�F Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on / gcLS/-ii /lyP (Date) by AA-rJ/ .+ i L-61-1 (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of I��p�,t¢Y ��� 'Z-0/0/2_, p f f3 (Name of party on behalf of whom instrument was executed). f 1�1`` .1•��1•��V1`�1.1.�..��•�.�1.11� OJA..1—e "/ �/✓ /i ��`-V'�V �.. �:'�� OFFICIAL SEAL / Notary's Signature CAROL A.WHELAN r My Commission Expires: 1/ a De-0 NOTARY PUBLIC-OREGON f, i COMMISSION NO.052611 MY COMMISSION EXPIRES JUNE 11,2000 J PERS Sanitary Scwcr Easement Page 4 SE.\"i By= 7-31-98 ; 2 _ _ yi ; GOLDF.IRB & Fl FFCE- 617 5729268;g 7/17 The Benenson 68th Parkway Key LLC, and Oregon limited liability company By: The Benenson Capital Company a New York General Partnership, Member By: The Charles B. Bencnson Family Trus a artner By: y: Charles B. Benenson, Trustee By: The Benenson March 1985 Trust, Member By: anuel Lubin, Co-Trustee Lawrence Rivkin, Co-Trustee By: Sidney A. Migdon, Co-Trustee • ACKNOWLEDGMENT STATE OF NEW YORK ) f / ) County ofc-bu) ) This instrument wAs acknowledged before me on �4i 9' , 1998, by 0,14 �r 5 . ( )e). n A , as trustee of The Charles B. Benenson Family Trust, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. Notary Public of New York My commission expires: CARMEN S. PETERSON !bury Puble,State or New York No.01PE4966281 Qualified In New York County Corinl alon Expires May 7.2000 PERS Sanitary Sewer Easement Page 5 SENT .By: 7-31-98 ; ; GOLDFARB & FLEECE 617 5729268;# 8/17 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of N(.ry \itiv ) This instrument was acknowledged before me on "-ILA.). 1998, by [,.�ate ���' 1,�r►- as co-trustee of The B enson March 1985 Trust, a member of The Benenson 68i1 Parkway Key LLC, an Oregon limited liability tympany. J -,fr 06 z, Notary Public for New York My commission expires: RUTH P.LOVELOCK NOTARY PUBLIC,State of New Yak ACKNOWLEDGMENT Qualified In NBassaau4Coo Commission Expires June 20 9-0 Z' STATE OF NEW YORK ) )ss. County of Wet `a\k ) This instrument was acknowledged before me on Ju-i , 1998, by L -eV C J . (2 ,•t , as co-trustee of The B nenson March 1985 Trust, a member of The Benenson 6811 Parkway Key LLC, an Oregon limited liability company. ,j24,ti... . aea Notary Public for New York My commission expirie�s::y� NOTARY PUBLtrc,S ateofNew York ACKNOWLEDGMENT Qualified=utu Comm i.csm(n Fxp�rosJuffe2Q 1� 2.0 OL STATE OF NEW YORK ) )ss. County of Nu") ) This instrument was acknowledged before me on i � 1998, by C;�.otv & p. �M i lo-1 , as co -trustee of Thel�enenson March 1985 Trust, a member of The Benenson 68i1 Parkway Key LLC, an Oregon limited liability company. 6 oc,2 C4 Notary Public for New York My commission expires: RUTH R LOVELOCK NOTARY PUBLIC,slat.of New York No,30-4926945 oualifled In Naasau County i 20 6-v PERS Sanitary Sewer Easement Cemmisalon Expires June 20,fib Page 6 SENT BY: 7-31-98 ; 2:55PM ; GOLDFARB & F1 FFCE 617 5729268;# 9/17 Consented and agreed: Key Services Corporation 13y: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Key Corp. By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 7 SENT BY: 7-31-98 ; 2:55PM ; GOLDFARB & FLEECES 617 5729268;#10/17 John Hance ck Mutual Life Insurance Company / 1 i - By: ATLCAA., 4Lii.d 4.'- ACKNOWLEDGMEN COMMONWEALTH STATE OF MASSACHUSETTS ) )ss. County of SUFFOLK ) This instrument was acknowledged before me on All 1S 3rd. 1998 (Date) by Harold S. Goldstein (name(s)of person(s)as Senior Investment Officer (type of authority, e.g. officer, trustee, etc.) of John Hancock Mutual Life Insurance Company (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expi eeNORINA€T-8EWETT Notary Public Investors Partner Life Insurance Company f/k/a MY Commission Expires July 28,2000 r John Han•.ck Life Ins j ance Company of erica BY: /r/ sL.' • 44 .L J��_ ACKNOWLEDGMENT COMMONWEALTH OF MASSACHUSETTS ) )ss. County of SUFFOLK ) This instrument was acknowledged before me on August 3rd, 1998_ (Date) by Harold S. Goldstein (name(s)ofperson(s)as Authorized Signatory (type of authority, e.g. officer,trustee, etc.)of Investors Partner Tyfp Tnc>>ranr'e Campany (Name of party on behalf of whom instrument was executed). /vim ( Notary's Signature NORINA E. BENNETT Notary Public My Commission ExpireegLE)(pires July 28,2000 PERS Sanitary Scwcr Easement Page 8 SENT.BY= 7-31-98 ; 2:55PM ; CnOLDFARB & FLEECE-4 617 5729268;#11/17 John Mane ck Variable Life Insurance ompany By: I & . , bL - ACKNOWLEDGMENT COMMONWEALTH OWN OF MASSAC.HII TTS ) )SS. County of SUFFOLK ) This instrument was acknowledged before me on August 3rd, 1998 (Date) by Harold S. Goldstein (nazne(s)ofperson(s)as Authorized Signatory (type of authority, e.g. officer, trustee, etc.)of John Hancock Variable Life Insurance Company (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: ETT Notary public My Commission Expires July 28,2000 • PERS Sanitary Sewcr Eascmciu Page 9 SENT BY: 7-31-98 ; ; GOLDFARB & FLEECE-) 617 5729268;#12/17 Consented and agreed: Sisters of Providence in Oregon By: Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on (Date) by (name(s) of person(s)as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1998 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) ) ss_ County of Washington ) This instrument was acknowledged before me on _(Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT PERS Sanitary Sewer Easement Page 10 SENT BY: 7-31-98 ; 2:56F.. ; GOLDFARB & FLEECE 617 5729268;#13/17 iI&T A • WESTLAJ'ZE CONSULTANTS a+c atcarmapio • SURVEY No-i PLANMNG Pima= 503 654-0651 Fa= 503 6240157 PERS Sower En Projat Na:560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract eland sitne to in the southeast 1/4 of Section 36,T. IS.,IL 1W.,Wiliamame Mead m,Washington County,Orel,also being a portion of Panel 2 as shown on Document Number 89.039637,recorded Augmt 25, 1969,Washington County Deed Records,being a 15-foot grip of load dying 7.50 bat chimer side of the conceding being moue pottict iarly deacsibcd as follows: Coanaoexing at most awater1y northwest coma amid Parcel 2,Wog a point on the easterly right of wny lino of S.W.68th Parkway', theme,ahong the nonhwaterly lime of said howl 2,North 50'32'07"East,93.50 fbet,: thence North 37°27'15"Weat 25.01 foot to the and of on existing Sanitley Sewer Emma reocs ded in Document Number 89-039637,being the TRUE POII4T OF BEGINNING; theme 5anb 37477'I5-Eat 79.52 ha to the cod alibis aeataliaa dear iptsan. Containing an area of 1,193 alum bet,more or leas. 76w:6111177 1410111TIMILD PIKWESEACMAL swevEYOR fir____ i+ mud-47 AVRO-_41. seem GAirr Rriwo 17.I3t fr, Id paces Cvrrod.Cans,1511,11.W.Saw&Pall a1 Smut 150,T1•rd.OgMN 1 9722* SENT BY= 7-31-98 ; 2:56PM ; GOLDFARB & FLEECE-' 617 5729268;#14/17 • _ _.__. .. ... .... w aa..uaa. vvuw+.a-uav I.AIL 111./. ',VJ t)L1 L l:l 1 EXH18i T A PARCEL 1 'KEY PROPERTY' G /\ - e o \\\\,;\:: q 9, o A = 34'37'55" 0 R = 359.50' L = 217.30' C = 214.00' P.E.R.S. C8 = S1529'21"W S4314'23'E 56014EX.OW0 ICO 27.52' SCALE 1 - 8O' * a-07-97 i i . , N46'45'37"E I 13.95' A = 7725'40" R = 130.17' Ow L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CB = 504'31'33"E L = 201.76' - N43`14'23"W C = 199.12' 18.45' C8 = Si 7.54'17"W A = 80'08'46" R = 56.17' L = 78.57' A = 0225'01" C =72.32' R = 256.48' s CB = 58318'46"E L = 11.04' V,ly C = 11.04' r- C8 = S32 49'25" `1_1 a�� r ,. e A = 1518'40' A = 123'35'088 _� ``�`. � R 209.15' R = 46.95' L = 55.89' L 101.27' 587.55'07 w N87.48'53 w 46.37 43.25' C = 55.72' C = 82.75' C8 = 55816'23"W C8 = 30.17'19"E 8 W HAta MEET A = 0416'02' R = 258.73' L = 20.01' a• 4-8-97 t C - 20.01' x, I WESTLAKE CS = 489'56'53"W JEW corrsulz�xrs ac kOi ca i r . GRA _INC nYSam� • sURvaYnNC • PLANNING ~ 1i c �ias�•Y. Sans 130 ? ' ; 560-1,1_, �� SENT BY: 7-31-98 ; 2._".1 ; GOLDFARB & FLEECE 617 5729268;#15/17 „ li ;:it;+ w:PS4114. ,— + ..Se.• ! ` _ it.t. it .P'? t •r ti s•, • Jai• f . titi F■4. ." ...• •r I it ••,. 1 . 1 j ,'t ::11:..i." aM — ;--..��-7 • •EXHIBIT A �' (Noy Parcel)' • . r. „it:J.4 . ‘, ..,, • . ...„. • . .: ...4, . .,, AUG. 12. 1538 WESTWOOD CORPORATION t V4 PROPERTY DESCRIPTION • ;` ` PARCEL 1 Description of a parcel of land situated in the B.E. 1/4 Section 36, Township 1 South, Range 1 West, Wiltaesette Meridian, City of • Tigard, County of Washington and State of Oregon, said parcel . • being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Deed Recorded Jan- t'A4 vary 29, 1962 in Book 456 Page 4.e'3, ' Deed Pecords for Washington -� County, Oregon, said parcel more parti.:ularly described as i•�;il"; f of l owsi Beginning it a brass cap monument marking the East 1/4 corner of Section 36, Township i South, Range 1 West, Willaircte Meridians ` thence North 07°41 '06• West 474.15 feet to the Ini .gal Point of ;Z "Way Lee", a recorded plat; thence continuing / arth P7 041 '06" `1 West along the South line of said plat 1E8.60 feet to a point i therein and the Northwest corner of the aforesaid Portland Gen- 'oral Electric Company tract of lends thence South 01 048'51" West -44.! along the West line of said tract 657.,47 feet to the. Northeast f'. corner of that certain parcel of land described in Washington County Recorder's Fee No. 67061375g thence North 55°11 •35" West ;;;;. along the North line thereof 70.25 feet to the Northwest corner . `. thereof. said corner being in the Easterly right of ways line of , ; S.W. 66th Parkway, a dedicated street 60.00 feet wider thence ' ; ..I along said line along the arc of a non-tangent 340.00 foot radius I` ;.A curve left 24.60 feet through a central angle cif 04°09'42" (the "RI chord bears South 37°25•59". East 24.59 feet) to • point of '"7 tangency thence South 39°30'20" East 114.11 feet to the beginn- 1.■:.1 '-- --P. in' of • tangent 359.50 foot radius curve rights thence along the •s,.r,. arc of «aid curve 42.04 feet through a central angle of 06°42'03• • .�; r (the chord bears South 36°09'1@' East 42.02 feet) to a point t;i? therein' thence leaving said right of way line North 50°32'07" ,SC�+f;.; East 113.50 feet' thence South 84°27•53" East 314.61 feet to a ="';: point in the Westerly right of way line of Interstate 31 thence i`;Ih.;•. alone said line Norte 06019127w East 13.50 feet to a- point 19b.00 Z- .e•'' feet right of En'i.•.-ers Centerline Station 34+00 P.O.S.s thence ,•,;..r:•` continuing along said line North 25°22'42" East 562.74 feet to A i ......1 ' Point which bears South 25°22'42" West 67.01 feet from a point ,g- 'I,- . , 160.00 feet right, of Engineers Centerline Station 2M+00 P.O.C. I �'•• said point being in the East line of Section 36, afera•saids `: 7". thence along said section line North 014251 '36" East 205.92 feet ,,.0,v�'- to the paint of beginning. . • CONTAINING THEREIN an area of 431 .630.3 square feet. (9.901 ; acres. eons Cr less/ . I,- 0(.v14 . ,.. SENT BY: 7-31-98 ; 2=57PM ; GOLDFARB & FLEECE-, 617 5729268;#16/17 ' '.t 411-4:1";;C:;;;.:,--1-.:'7.''''' ' ;C...,. lent•! �`'��+�� .. 1 Y7; runIBIT B 1 (Adjacent Parcel) . l:-..;;E /.. .4 AUG. :2. 1969 r, WESTWOOD CORPORATION 14! PROPERTY CEBCR1PTION j: PARCEL 2 ,. Description of a parcel of land situated in the S.E. 1/4 Section 1-.c, 36. Township 1 South, Rang• 1 West, Willamette Meridian. City of Tigard, County of Washington and State of Oregon, said parcel : : being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Dee-" i+.rorded Jan- .i uary 29, 1962 in Book 436 Page 433. Deed Records for Washington County, Oregon, said parcel being more particularly described as lip followee • * , Commencing at a brass cap monument marking the East 1/4 corner of . Section 36, Township i South, Ping. I West, Willamette Meridian; thence South O1°31 '36" West along the East line of said Section i 205.02 feet to its intersection with the Westerly right of way line of Interstate 31 said point bears South 25 022'42" West 67.01 feet from a point 160.00 feet right of Engineers Centerline ' _14 Station 28+00 P.O.C. 1 thence along said right of way - .ne South L: 25°22'42' West 562.74 feet to a point 195.00 feet right of Engin- : - ears Centerline Station 34.00 P.O.S. ; thence continuing along .iti, - said Westerly right of way line South 06 019'27' West 13.30 feet :g+ to the true point of beginning of the hereinafter described • ..:-;, parcel of land; thence leaving said line North 6,027'53" West g• 314.61 fret; thence South 50°32'07' West 113.50 feet to a point in the Easterly right of way line of B.W. 68th Parkway, a dedic- ated street 60.00 feet wide; thence along said line along the arc ' of a nor.-tangent 339.50 foot radius curve right 419.05 feet ;,;2 through a central angle of 66°47'12" (the chord bears South 00° . a', 35'19" West 395.73 feet) to a point of reverse curvature; thence ,., along the arc of said curve 11.03 feet through a central angle of ;; 02°27'54" ithe chord boars South 32 044'38" West 11.03 feet) to a `�4: '-aint of compound curvature; thence along the arc of a 47.00 foot radius cue've left 101.37 feet through a central angle of 123°33' =,r � 45" (the chard bears South 30°16'21" East 82.63 feet) to a point of tangency, said paint being in the North line of 8.1.. Haines 1 , Street, variable in width; thence along said North line .dorth 87° ;y+•'. 56'16" East 57.77 feet to a point 30.00 feet Northerly of (when ip measured at right angles) "H" line as established by the ^g_. 0.0.3.T. ; thence South 87°48'53" East parallel to said line 51.05 '1�' feet to its intersection with a 209. 13 foot radius non-tangent 11; SE\•C. BYE 7-31-98 ; 2:57PM ; GOLDFARB & FLEECE—. 617 5729268;#17/17 r ,�;���i�. i�11'•ri►}'J►r"'r.•..b/'e"L ',y • ./r'`.�.Y� -:n-�:..!'• ►,►•• ove-e r • iv- PARCEL 2 (C.Or"') " PAGE 2 - ' � • state 5, as established by the 0.D.O.T.. said point bears North 04014'27'' West 44.17 feet from a point 150.00 feet right of Eng- ineers C.nt.rlina Station 39+00 P.0..11., thence along said right of way line North '06019•27' East 480.31 feat to the point of k• bsginninq• • • CONTAINING THEREIN an area of 175.047.4 square feet. (4.019 sows. ewers or loss)• • :: `•• • • • •. • • • 1. •a• - V 1 "1 << Off: Doowrv( Ih ONti, of (47) DivoiNi k*I. -Ctilb DocnIMVN {h {FN OP✓if{Illk� �fll'(R O�i�INkVh1OA'(oRo Of'; Pwr� 10040604 hiih'Pewh of t�vioke/oti Return recorded document to CITY HALL RECORDS DEPARTMENT • CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 EASEMENT AGREEMENT PERMANENT SANITARY SEWER KNOW ALL MEN BY THESE PRESENTS THAT the State of Oregon, acting by and through the Public Employees' Retirement System (PERS), having an address of 11410 SW 68th Parkway, Tigard, Oregon, owners of Parcel 2 the `PERS Parcel' description of which is annexed hereto, and The Benson 68th Parkway Key LCC, having an address of 708 Third Avenue,28th Floor,New York,New York 10017, owner of parcel 1, the`Key Parcel' description of which is annexed hereto, hereinafter called the Grantors,grant and convey unto the City of Tigard,having an address of 13125 SW Hall Blvd.,Tigard,Oregon 97223,hereinafter called Grantee, a perpetual easement for the maintenance, operation, reconstruction, inspecting, repairing and necessary access for the conveyance of Sanitary Sewer easement through the PERS Parcel and the Key Parcel within a jointly maintained ingress-egress and underground easement and which connects to an existing sanitary sewer within an easement in the Key Parcel (the `Key Utility Parcel'). The existing easements are as described in Exhibits"C","D", and"E" of Washington County Fee No. 89-39637, recorded August 25, 1989 and Washington County Fee No. 89-44579, recorded on September 19, 1989. Said new sanitary sewer easement is within the following parcel of land situated in the City of Tigard, Washington County, State of Oregon being more particularly described on the attached Exhibit A: THE TRUE CONSIDERATION for this conveyance is $0.00. However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration. IT IS EXPRESSLY UNDERSTOOD that this easement does not convey any right,title or interest, nor any other rights except those expressly provided herein, nor otherwise prevent Grantors from the full use and dominion there over; provided, however, that such use will not unreasonably interfere with the uses and purposes of the intent of this easement. Grantee shall not cause any unreasonable interference with Grantor's use of Grantors's property, except to a de minimus extent. All such repairs, replacements, alterations or other work performed by Grantee shall be performed with reasonable diligence and in a manner, and at times, designed to minimize interference to a reasonable degree with Grantors' normal business operations and to safeguard Grantors' property. Grantee, at Grantee's expense, shall restore the Key Parcel and the PERS Parcel, and any of Grantors' property,after the completion of such repairs,replacements,alterations or other work performed by Grantee. LIABILITY; INDEMNIFICATION: Grantors shall not be liable to Grantee or its contractors for any loss or damage arising out of the use of the easement by Grantee or its contractors. Grantee shall indemnify and hold harmless Grantor from and against any and all claims,demands,losses,liabilities and expenses(including attorney fees) arising out of or related to any work done by Grantee, Grantee's contractors and subconstractors, and to any hazardous substances the Grantee brings onto the Grantor's property, as defined or listed in any applicable federal, state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division. PERS Sanitary Sewer Easement Page 1 L •. Grantee shall repair any portion of Grantor's property and any adjacent paved areas, landscaping, irrigation systems or buried utilities it damages or destroys during any maintenance, repair, or alteration operations it conducts in the use of this easement. EXISTING ACCESS ROAD: Construction of the improvements on the Key Parcel included construction of a road (the"Access Road")between the common boundary of the key Parcel and the PERS Parcel so as to provide a sanitary sewer easement access point for both the Key Parcel and the PERS Parcel to a public street, SW 68th Parkway in Tigard, Oregon. A portion of the Access Road lies within the boundaries of the Key Parcel and is legally described in Exhibit C of Washington County Fee No. 89-39637 and the remaining portion of the Access Road lies within the boundaries of the PERS Parcel and is legally described in Exhibit D of Washington County Fee No. 89-39637. The lines and mains located under the Access Road and/or the Key Utility Parcel, and any easements necessary to be granted to servicing companies in connection herewith collectively are referred to herein as the"Utility Easements". The parties hereto have allocated between themselves and their successors and assigns the obligations to construct and maintain the Access Road, have authorized the provisions of and/or the granting of the Utility Easements and have allocated maintenance obligations arising in connection with the Utility Easements, all pursuant to the terms and conditions hereof and in accordance with covenants and restrictions in The Declaration of Restrictions,Washington County Fee No. 88-52298(the cost of maintaining,repairing and/or replacing the easement grants hereby shall be the same as the"Utility Easement" referred to in Section 7 of the Declaration). BINDING UPON SUBSEQUENT OWNERS: The terms,conditions,covenants,easements,and agreements contained in this Agreement and the benefits and burdens thereof are intended to be perpetual and to run with the land and shall be binding upon and inure to the benefit of the owners of the Key Parcel and the PERS Parcel, their successors and assigns. Any person succeeding to the interest of a party hereto shall succeed to all of such party's rights, interests and obligations, subject to and with the benefit of all terms and conditions of this Agreement. Such covenants are to be enforceable at law or as equitable servitude in equity or in such other manner as shall be necessary to enforce the provisions of this Agreement to the fullest extent possible. Upon the sale or transfer of title to a parcel by a Grantor, such Grantor shall thereupon be released of all of Grantor's obligations thereafter accruing hereunder,and each subsequent purchaser or assignee shall be deemed to have assumed all obligations on the part of Grantor to be performed hereunder during the time such Grantor shall be the owner of said parcel. BREACH; INDEMNIFICATION: Breach: In the event any party shall fail to perform its obligations under this Agreement,the other party shall be entitled to require such performance by suit for specific performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. Notwithstanding the foregoing provisions of the Section and The Declaration of Restrictions, Washington County Fee No. 88-52298, and except to the extent otherwise specifically provided herein, each party shall provide the other with ten (10) days prior notice, at the address for such party set forth above, of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. Indemnification: Grantee shall indemnify, defend and hold the Grantors harmless from and against any and all claims, expenses, liabilities, loss, damage, and costs (including reasonable attorneys' fees) incurred in connection with, or arising from, due to, or as a result of: PERS Sanitary Sewer Easement Page 2 i. the negligence, omission or willful misconduct of the Grantee, its agents, servants or employees, or ii. injury or death of persons,damage to property, or claims of lien arising from and attributable to work or labor performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. DISPUTE RESOLUTION: Any dispute,controversy or claim arising out ofor in connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party involved, be submitted to and settled by arbitration in Oregon, pursuant to the rules then in effect of the Arbitration Service of Portland; provided, however that nothing contained in this Section shall preclude a party from recording and/or thereafter enforcing a construction lien against the property as provided in the Declaration of Restrictions, Washington County Fee No. 88-52298, independently of and prior to or simultaneously with arbitration thereon or on any other matter. The party to this Agreement requesting arbitration shall submit written notice to the other party hereto of such request. Upon receipt of such notice either party may petition a court of competent jurisdiction to appoint a single neutral arbitrator. The parties agree to be bound by the Arbitrator's decision and that, in lieu of litigations, the Arbitrator's decision shall be final, binding and conclusive upon the parties and that a judgment thereon may be entered in the appropriate court of the forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties to the arbitration. No arbitration shall be commenced after the date when institution of legal or equitable proceedings based upon such subject matter would be barred by the applicable statue of limitations. Enforcement of any arbitral judgment in the Oregon courts shall be governed by ORS chapter 33.210-33.240. MISCELLANEOUS PROVISIONS: (a) This Agreement shall be construed and enforced in accordance with the laws of the State Of Oregon. (b) This Agreement sets forth the entire agreement of the parties regarding its subject matter and no modification, variation or amendment of this Agreement shall be effective unless embodied in a writing signed by all of the parties then having an interest in the Key Parcel and/or the PERS Parcel including an interest as lessee. (c) If any provision of this Agreement or its application to any party or circumstance shall be determined by any court of competent jurisdiction to be invalid or unenforceable to any extent, the remainder of this Agreement or the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or unenforceable, shall not be affected thereby, and each provision of this Agreement shall be valid and shall be enforced to the fullest extent permitted by law. (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be requested by the other party hereto, including, without limitation, granting of easements, if such documents or instruments are necessary to implement or are consistent with the intent and purposes of this Agreement. (e) In the event of any dispute as to the meaning or interpretation of any provision of this Agreement or in the event of any litigation arising under this Agreement, the prevailing party shall recover from the losing part, the prevailing party's reasonable attorneys fees incurred in connection therewith, including attorneys' fees incurred at trial or on appeal, as adjudged by the trial or appellate court. (f) This Agreement shall be recorded in the real property records of Washington County, Oregon. (g) Any person executing this instrument in a trustee capacity shall be liable solely in such capacity and not otherwise. (h) By the execution below, the following parties hereby consent to the granting of the easement and to the other provisions contained herein, provided, however that such parties shall not incur any obligation or liability as a result of such execution: PERS Sanitary Sewer Easement Page 3 1. Key Services Corporation, the tenant of the Key Parcel; 2. Key Corp., tenant's guarantor; and 3. John Hancock Mutual Life Insurance Company, John Hancock Life Insurance Company of America and John Hancock Variable Life Insurance Company, collectively, the holder of a deed of trust on the Key Parcel. (i) This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but taken as a whole shall constitute one document. IN WITNESS WHEREOF, The parties hereto have executed this Agreement as of the date and year first above written. TO HAVE AND TO HOLD the above-described and granted premises unto said grantee,its successors, and assigns forever. IN WITNESS WHEREOF, I hereunto set my hand this 13'4 day of ,4Jji6¢, 1998. Grantors: State of Oregon, acting by and through the Public Employees Retirement System Signature: Name: ‘ W' t'�tr Title: P (Pi rector, f E'Ie5 Date: a— 13 Witness STATE OF OREGON ) )ss. County of Washington ) This instrument wasAcknowledged before me on /3 /?7F (Date) by A4--1)/ L, (n e(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of 1. � ''cry i error) of f''5 (Name of party on behalf of whom instrument was executed). 07172-AZ &. Notary's Signature , ,� OFFICIAL SEAL My Commission Expires: 't,'"1"'"'"''.- CAROL A.WHELAN NOTARY PUBLIC-OREGON COMMISSION NO.052611 MY COMMISSION EXPIRES JUNE 11,2000 fi '•�_�_.-;•��`�"�l'X11'�1"\'`"\"'�11"'�1'�'\'l'l'�� PERS Sanitary Sewer Easement Page 4 The Benenson 68th Parkway Key LLC, and Oregon limited liability company By: The Benenson Capital Company a New York General Partnership, Member By: The Charles B. Benenson Family Trust, a partner By: C 7J 2.2 J Charles B. Benenson, Trustee By: The Benenson March 1985 Trust, Member By: -Aar _ anuel Lubin, Co-Tie ' By: y' ,Lawrence Rivkin, Co-Trustee • By: Sidney A. Migdon, Co-Trustee ACKNOWLEDGMENT STATE OF NEW YORK ) County of ) Uatik_ ) This instrument was acknowledged before me on )4'"C`i , 1998, by 0,114PA ES . 6evei)5OA) , as trustee of The Charles B. Benenson Family Trust, which trust is a partner of The Benenson Capital Company, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. YY,14/4, -afUtio-k_ Notary Public of New York My commission expires: CARMEN S. PETERSON Notary Public,Stag; of New York No.01PEa966231 Qualified In New York County Commission Expires M::y 7, 2000 PERS Sanitary Sewer Easement Page 5 ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of Yov(� ) This instrument was acknowledged before me on —3-La 5 , 1998, by [YN << �{ L. L fry., , as co-trustee of The Benson March 1985 Trust, a member of The Benenson 68th Parkway Key LLC, an Oregon limited liability company. 4,,J4) p �o Notary Public for New York My commission expinw.L VELOCK NOTARY PUBLIC,State of New York No.30-4925945 Qualified in Nassau Commission Expires June 20. 0 U c> ACKNOWLEDGMENT STATE OF NEW YORK ) )ss. County of /li yvit ) This instrument was acknowledged before me on Jay 7 , 1998, by La.,4J-r TA/1.c1, jQ,.I (L L4-1 , as co-trustee of The Benenson March 1985 Trust, a member of The Benenson 68"' Parkway Key LLC, an Oregon limited liability company. . :fin cAt.rtrc Notary Public for New York My commission expires: N OTARY PI BUC,LSVEL oNew York No.30.492b946 ACKNOWLEDGMENT Com uassifoed Nessaune 0, 1f�..dboa STATE OF NEW YORK ) )ss. County of /\j 2A,./ \/u-'k ) This instrument was acknowledged before me on —lid q , 1998, by �1 Ctw� a. /L 1 C' , as co -trustee of Th4Benenson March 1985 Trust, a member of The Benensdn 68''' Parkway Key LLC, an Oregon limited liability company. � 0/4) - Notary Public for New York My commission expires: RUTH P.LOVELOCK NOTARY PUBLIC,State of New York No.30-4925945 Qualified in Nassau Co�mty Commission Expires June 20,}tk; PERS Sanitary Sewer Easement Page 6 Consented and agreed: Key Services Corporation By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: Key Corp. By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 7 John Hancock Mutual Life Insurance Company By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: John Hancock Life Insurance Company of America By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 8 John Hancock Variable Life Insurance Company By: ACKNOWLEDGMENT STATE OF ) )ss. County of ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: PERS Sanitary Sewer Easement Page 9 Consented and agreed: Sisters of Providen e in Oregon � By: 01,-: E / � Witness STATE OF OREGON ) )ss. County of Washington ) This instrument was acknowledged before me on \%/yy _?t3 / 99c57/(Date) by M, 2 . _7 -s// (nt£tni(s) of person(s) as Apv (type of authority, e.g. officer, trustee, etc.) of 0,-z. v -e - 1-11 03 - (Name of party on behalf of whom instrument was executed). , OFFICIAL SEAL ry's Signature JONI L HUTCHIN=ON - NOTARY PUBLIC-OREGON y Commission Expires: 51,3 // 9 cokossoN NI h ON Nl�� MY COMMISSION 9X1 GRANTEE: Accepted on behalf of the City of Tigard this Day of , 1998 Signature: Name: Title: City Engineer Date: Witness STATE OF OREGON ) ) ss. County of Washington ) This instrument was acknowledged before me on (Date) by (name(s) of person(s) as (type of authority, e.g. officer, trustee, etc.) of (Name of party on behalf of whom instrument was executed). Notary's Signature My Commission Expires: NO CHANGE IN TAX STATEMENT PERS Sanitary Sewer Easement Page 10 1 a EXHIBIT A WESTLAKE CCN$L1TANTS L2 c. ENGIT,EERING • SURVEYING • PUNNING non= 503 684-0652 Fax: 503 6240151 PERS Sevier Easement Project No.:560-1496 April 11, 1997 PROPERTY DESCRIPTION A tract of Land situate in the southeast 114 of Section 36,T. 1S.,R 1W.,Willamette Meridian,Washington County,Oregon,also being a portion of Parcel 2 as shown on Document Number 89-039637,recorded August 25, 1989,Washington County Deed Records,being a l5-foot strip of land lying 7.50 feet either side of the centerline being more p rticuigty desQlbcd as follows: .. Commencing at most wily northwest coma of said Parcel 2,being a point on the easterly right of way line of S.W.68th Partway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East,93.50 feet,; thence North 37°27'15"West 25.01 feet to the end of an existing Sanitary Sews' Easement recorded in Document Number 89-039637,being the TRUE POINT OF BEGINNING, thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or leas. JEW:4/1197 a Q T W MtO�B r�"510NAL SURVEYOR •rsh.oaot•a••, • ,11 4 ... (: -� ORITOON JULY a0,tuts GARY R ANDERSON ..1 (7-111/1') Id Pacific Coeyonte Center, 15115 S.W.Sequoia Parker"Suite 150,Meted.Omen 97224 :AA .lI. U] - . EXHIBIT A I PARCEL 1 "KEY PROPERTY" �p5��0�1 J,� �i !S, OpG �'L �o A = 34'37'55" 0 R = .359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29'21"W 54314'23"E 56014EX.DWG co 27.52' SCALE 1" = 80' * 4-07-97 . N46'45'37"E y 13.95' p = 77' '40" R = 13025.17' { L = 175.90' A = 32'09'20" C = 162.82' R = 359.50' CB = 504'31'33"E L = 201.76' N43'14'23"W C = 199.12' 18.45' C8 = 517'54'17"W a = 80'08'46" R = 56.17' L = 78.57' A = 02'28'01" C =72.32' R = 256.48' s, CB = 583'18'46"E L = 11.04' _ ��> C = 11.04' r, CB = S32'49'25" ���� / A = 1518'40" A = 123'35'08" R = 209.15' R = 46.95' L = 55.89' = 1o1.ZT 587'55'07 w Ng7'48'S3 w L 46.37' 43.25' C = 55.72' C = 82.75' CB = 558'16'23"W CS = 3017'19'E 8 W M A K E S S T R E E T A = 0416'02" R = 258.73' L = 20.01' twat 4-8-97 C = 20.01' CRAM BY ' Iii WESTLAKE C8 = N89'56'53"W JEW 1 CONSULTANTS ac. 04ECxED BY GRA ENGINEERING • SURVEYING • PLANNING RE`ISICtd J! ?!! iT1 C [50 50:1 BE4'g2 560-14 - - — — -_ •Jr*-4,:p.:- : � ic ?1iS `4te. s'7•14.-4.,. , 4 r , . t . . li-,.;,, •ti-?Jj•. i .-,. .;, • . • 1% li„ '. 5 _ P4 I ,•11:,A EXHIBIT A (Kay Parcel) N',.. 1:7.'.0,. .„-7 AUG. 12, 1S18 WESTWOOD CORPORATION i'.r PROPERTY DESCRIPTION ._ PARCEL I Description of a parcel of land situated in the B.E. 1/4 Section 'ow- 36, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington and State of Oregon, said parcel . being a part of that certain tract of land conveyed to Portland r� General Electric Company by Bargain and Sale Deed Recorded Jan- °'�=• uary 29, 1962 in Book 456 Page 4Z3, Deed Pecords for Washington County, Oregon, said parcel more oartiuularly described as .��- follows k . r-:k.lit, Beginning at a brass cap monument marking the East 1/4 corner of Section 36, Township 1 South, Range 1 West, Willaartte Meridian; thence North 87°41 '06" West 474. 15 feet to the Ini .sal Point of > _'� "Way LeeTM, a recorded plat; thence continuing Parth 87041 '06" ' c. West along the South line of said plat 1:8.60 feet to a point t� therein and the Northwest corner of the aforesaid Portland Gen- eral Electric Company tract of lands thence South 01048'51" West along the West line of said tract 657.47 feet to the Northeast '" ' corner of that certain parcel of land described in Washington �+ County Recorder 's Fee No. 870e1375; thence North 88°11 '35" West ea;;, along the North line thereof 78.28 feet to the Northwest corner 4` thereof . said corner being in the Easterly right of way line of � , S.W. 68th Parkway, a dedicated street 60.00 feet wide; thence 16!41 along said line along the arc of a non-tangent 340.00 foot inuing it curve left 24.60 feet through a central angle c'f 04°08'42" (the ',1 chord bears South 37025'59" East 24.59 feet) to a point of !7,;., tangency; thence South 39°30'20" East 114. 11 feet to the beginn- - ing of a tangent 359.30 foot radius curve right; thence along the • .,, ' arc of said curve 42.04 feet through a central angle of 06°42'03" �`• ��� (the chord bears South 36°09' 18' East 42.02 feet) to • point .�r�IA lie. therein; thence leaving said right of way line North 50°32'07" ; t, ! East 113.50 feet; thence South 94027'53" East 314.61 feet to a .? R;' point in the Westerly right c)f way line of Interstate 5; thence alone said line North 06°19'27" East 13.50 feet to a point 19b.00 .i,%:'t.k feet right of Enli.■.:ers Centerline Station 34+00 P.O.S. ; thence .1..0.:,' continuing along said line North 25°22'42" East 562.74 feet to A li:: .' point which bears South 25°22'42" West 67.01 feet from a point i.E- ;� ` 160.00 feet right of Engineers Centerline Station 214+00 P.O.C. ; ,<<,!-,,k: said point being in the East line of Section 36, aforesaid; ,"'44• thence along said section line North 01°31 '36" East 205.92 feet ': ' •;. , to the point of beginning. jx"ii • •xi:L s ,, CONTAINING THEREIN an area of 431 ,650.3 square feet. (9.909 =4 •0` acres, mp,-e or less) . ;.4. •? 1r- ;. ,r,'....9,-',11...v ia r�. .la,... _� ,3XIIIBIT B .N (Adjacent Parcel) ° !` AUG. :2, 1988 e` WESTWOOD CORPORATION w -`, PROPERTY 3ESCRIPTION 1.71 •PARCEL 2 `i. l'-' ' Description of a parcel of land situated in the S.E. 1/4 Section 36, Township 1 South, Range 1 West, Willamette Meridian, City of " ' Tigard, County of Washington and State of Oregon, said parcel .-..: 2 being a part of that certain tract of land conveyed to Portland ^ . General Electric Company by 8ergain and Sale Deed Recorded Jan- •0 uary 29, 1962 in Book 456 Page 433, Deed Records for Washington f County, Oregon, said parcel being more particularl•t described as ,.. 4ollowei .` , Commencing at a brass cap monument marking the East 1/4 corner of Section 36, Township 1 South, Ptnge 1 West, Willamette Meridian; thence South 01031 '36" West along the East line of said Section 205.02 feet to it 's intersection with the Westerly right of way ; line of Interstate 5, said point bears South 25°22'42" West 67.01 feet from a point 160.00 feet right of Engineers Centerline Station 28+00 P.O.C. $ thence along said right of way line South .• i 25°22'42" West 562.74 feet to • point 195.00 feet right of Engin- :•1116 were Centerline Station 34+00 P.0.S. $ thence continuing along • • ' said Westerly right of way line South 06°19'27" West 13.5C feet '' to the true point 04 beginning of the hereinafter described ik:,, parcel of land; thence leaving said line North 84°27'53" West =pp. ' 314.61 feet; thence South 50°32'07" West 113.50 feet to a paint s in the Easterly right of way line of S.W. 68th Parkway, a dedic- '.••'`- ated street 60.00 feet wide; thence along said line along the arc of a nor.-tangent 339.50 foot radius curve right 419.03 feet t through a central angle of 66°47' 12" (the chord bears South 00°35'19" West 395.73 feet) to a point of reverse Lurvature; thence along the arc of said curve 11.03 feet through a central angle of 02°27'54" (the chord bears South 32°44'58" West 11.03 feet) to a , ' °int of compound curvature; thence along the arc of a 47.00 foot . radius curve left 101.37 feet through is central angle of 123°35' �. 45" (the chord bears South 30°16'21" East 82.83 feet) to a point ;may,. of tar,gency, said point being in the North line of S.W. Haines --I�f..., Street, variable in width; thence along said North line .forth 873 '1A 56' 16" East 57.77 feet tc a point 30.00 feet Northerly of (when 4 measured at right angles) "H" line as established by the ' O.D.O.T. ; thence South 87°48'33" East parallel to said line 51.85 `Ili feet to its intersection with • 209. 15 foot radius non-tangent •: ; , curve rights thence along the arc of said curve 166.64 feet ;4V, through a ce.;tral angle of 45°39'05" (the chord bears North 73° '•'• 26'36" East 162.27 feet) ; thence tangent to said curve South 939 ' 43'48" East 51 .35 feet to • point in the Westerly line of Inter- 1C, • • ,rv.''t�. is •C., , - _ '..^e. .�•••...1.. ."'..J.., .'.s. ..n .. :••'''. pr rf. :Cs•:'''*..` N'' ',..-1'4%-ilk;111 v`is „F,'l..1: r4 11..9' _. , I i. ^.Y _►.it. "r• ,' I'r`•�•.. i rte; h• A "Ir .i • yr.,y, ,y,7' •Y •� .. 4. �. r? M''�'r� �n'7 , ';Y �,ya�y([:. 4..'t..: �' ; . .7•14.-:.14' Zen c vs 444• i/'' _ - •...zo ..r:I%i 1,.. .'1,,, ..)-,1.75.Mi '.::eit. ti.i. 'mss'. li.i .;_i) F ri �� '' 1,.'" °.':4� �'. • .s:.k; mllu_'Ztk" ": •.r:i�Sw•M •,S!J:. i,.. •..,i, -k.....a.rrw.rw�.. • cs'f 7w.. •∎ 3'. A., .mow.. cif n Ii vat PARCEL 2 (CO"'-) V • PAGE 2 • �:• state 5, as established by the O.D.O.T. , said point bears North ti 06019'27'' West 44. 17 feet from • point 150.00 feet right of Eng- 41. ineers Centerline Station 39+00 P.0.8. 1 thence along said right of way line North 06019'27" East 480.51 feet to the point of .• t. beginning. #t' CONTAINING THEREIN an ores of 175,067.6 square feet. (4.019 •''' • scrps, more or less) . .:11: . n 'w.- 4 . »e II • Y >.. 1 7 �,.•�. FAX TRANSMITTAL 4301,41, �I Date August 31, 1998 Number of pages including cover sheet 4 To: Gary Cooper From: Brian Rager Co: Milstead & Associates, Inc. Co: City of Tigard Fax #: 654-2698 Fax #: 684-7297 Ph #: 639-4171, Ext. 318 SUBJECT: PERS Sanitary Sewer Easement MESSAGE: Attached is the letter from our City Attorney's office that points out the various changes made to the Sanitary Sewer easement since our last review/approval. Two of the changes are of significant concern to the City and both have to do with indemnification language. Both sections will need to be changed back to what we reviewed and approved. Please let me know if you need any other information. I ENG FAX DOT AUG 26 '98 03:28PM O'DONNELL, RAMIS P. 1 O'DONNELL $AMIS CREW COZRIGAN & FACSIMILE TRANSMISSION COVERSHEET BACHRACH, LLP THIS COMMUNICATION MAY CONSIST OF ATTORNEY PRIVILEGED AND CONFIDENTIAL ATTORNEYS AT LAW INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED BELOW. IP THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THB 1727 N.W, Hoyt Street EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT,YOU ARE Portland,Oregon 97209 HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OP THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION (503)222 w IN ERROR, PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE AND RETURN THE ORIGINAL Pax: (503)243-2944 MESSAGE TO Us AT THE ABOVE.ADDRESS VIA THE U.S. POSTAL SERVICE. THANK YOU. DATE: August 26, 1998 CLIENT NO.: 90024.14 TO: Brian Rager Tigard Development Review Engineer FAX NO.: 684-7297 TELEPHONE NUMBER.: 639-4171 FROM: Gary Firestone DESCRIPTION OF DOCUMENT TRANSMITTED: Memo regarding PERS sanitary sewer easement agreement. COMMENTS: PAGE(S) TO FOLLOW, EXCLUDING COVER SHEET. IF YOU DO NOT RECEIVE ALL OF THE PAGES,PLEASE CALL THE UNDERSIGNED AT (503) 222-4402 IMMEDIATELY. THANK YOU. SIGNED: Anja Mundy [ l AN ORIGINAL IS BEING MAILED [XX] AN ORIGINAL IS AVAILABLE UPON REQUEST AUG 26 '98 03:28PM O'DONNELL, RAMIS P.2 O'DONNELL RAMIS CREW CORRIGAN & BACHRACH, LLP ATTORNEYS AT LAW 1727 N.W, Hoyt street MEMORANDUM Portland, Oregon 97209 (503)222-4402 TO: Brian Rager, Development Review Enginee FROM: Gary F. Firestone, City Attorney's Office /•41 DATE: August 26, 1998 RE: PERS - Sanitary Sewer Easement Agreement Per your request, our office reviewed the latest sanitary sewer easement agreement submitted by PERS to the City for signature. As you noted, the agreement submitted by PERS is different than the version the City agreed to and sent PERS for signature on July 31, 1997. The sanitary sewer easement is a condition of approval of a site development review (SDR 96-001) approved by the Community Development Director. See, conditions#4 and 6 on the notice of decision. Condition #4 relates specifically to the sanitary sewer easement. This condition provides that the easement agreement shall be reviewed and approved by the City. If this is not done, the condition has not been met. Therefore, the City may require PERS to sign the July 31, 1997 version of this agreement, or any other version that the City may approve, in order to meet the condition of approval requirement. For your information,we have provided a summary of the changes made by PERS in the sanitary sewer easement agreement: 1. KNOW ALL MEN BY THESE PRESENTS THAT After 'PERS Parcel' and after 'Key Parcel' the following phrase was added, "description of which is annexed hereto". AUG 26 '98 03:28PM O'DONNELL, RAMIS P.3 Memorandum re: PERS - Sanitary Sewer Easement Agreement August 26, 1998 Page 2 2. LIABILITY; INDEMNIFICATION First,PERS added the phrase"work done by Grantee, Grantee's contractors and subcontractors, and to any" prior to the phrase "hazardous substances" in this section. ( )__Second, PERS deleted mutual indemnification language contained in the City's version which stated: "Grantor shall indemnify and hold harmless Grantee from and against any and all claims, demands, losses, liabilities and expenses(including attorney fees) arising out of or related to any hazardous substances already present on the property or placed upon the property by Grantor, as defined or listed in any applicable federal state or local law, rule or regulation, or which constitute a public health hazard, as defined by rules of the Oregon State Health Division," Third, in the second paragraph of this section, PERS added the phrase"any portion of Grantor's property and" after the first words "Grantor shall repair", 3. BINDING UPON SUBSEQUENT OWNERS The following sentence was added to the end of this section: "Upon the sale or transfer of title to a parcel by a Grantor, such Grantor shall thereupon be released of all of Grantor's obligations thereafter accruing hereunder, and each subsequent purchaser or assignee shall be deemed to have assumed all obligations on the part of Grantor to be performed hereunder during the time such Grantor shall be the owner of said parcel." 3. BREACH; INDEMNIFICATION Indemnity The City's version of this paragraph contained mutual indemnification language. PERS has amended this paragraph to read that only the City shall indemnify PERS. We note that while the first of these changes may be minor and acceptable, the others are substantive and provide less protection or greater potential liability for the City. Please call with any questions. stracto/90024/petsesaemert.me 1 08/31/98 11:31 $503 684 7297 CITY OF TIGARD Z001 **********************$**** *** ACTIVITY REPORT *** *************************** TRANSMISSION OK TX/RX NO. 6926 CONNECTION TEL 5036542698 CONNECTION ID START TIME 08/31 11:29 USAGE TIME 01'55 PAGES 4 RESULT OK FAX TRANSMITTAL '641411V' aim el■el, 5° lasal Date August 31, 1998 Number of pages including cover sheet 4 To: Gary Cooper From: Brian Racier Co: Milstead 8,Associates. Inc. Co: City of Tigard Fax#: 654-2698 _ Fax#: 684-7297 Ph #: 639-4171. Ext. 318 SUBJECT: PERS Sanitary Sewer Easement MESSAGE: Attached is the letter from our City Attorney's office that points out the various changes made to the Sanitary Sewer easement since our last review/approval. Two of the changes are of significant concern to the City and both have to do with indemnification language. Both sections will need to be changed back to what we reviewed and approved. Please let me know if you need any other information_ X-cs: From: Self<BRIANR.COT> To: Gus,Bill,JimH,Dick Subject: PERS Easements Cc: David Reply-to: brian @ci.tigard.or.us Date: Wed, 9 Sep 1998 14:50:45 PST Quick review: PERS submitted the proposed sanitary sewer easement across the Key Bank parcel to the west, but the easement had been changed to remove the equal indemnity language we had approved last year. I sent the easement to our attorneys and they confirmed that in two places the indemnity language had been changed to no longer protect the City. Gary Firestone contacted the Key Bank attorney in New York to hash this out and they are adament that they will not indemnify the City. Just as another reminder: Key Bank built the sewer on their property to meet public standards with intent of making it a public line; their ENG permit was never closed out because they did not give us an easement back then. Our thought was that we would finally get the easement because PERS needed to tie into it. My suggestion and question to Gary was: Why don't we just tell Key Bank and PERS that the sanitary sewer line they are both now using will remain a PRIVATE sanitary sewer line and then they can maintain it forever. Gary indicated that this is a possibility and liked the idea. I would like to contact PERS (Milstead and Associates) and run that by them. Gary seemed to think both parties would agree to this. If PERS and Key Bank agree, then Gary said we would need to amend our SDR for the PERS project. It was a Director's Decision, so I am assuming we could do this with very little problem. Unless anyone finds a problem with this, I will call Milstead tomorrow (Thursday). Please contact me ASAP if you have concerns. I realize it is not preferable to have two properties sharing a private sanitary sewer, but in this case I think it is justified. We can also require PERS and Key Bank to enter into a joint maintenance agreement for the sewer line. Thanks. Brian Rager -- 1 -- Thu, 10 Sep 1998 06:17:10 r- (--- (LT ? IIregon Public Employees Retirement System "" Headquarters: 114 10 S.W. 68th Parkway g/ John A.Kitzhaber,M.D.,Governor Tigard,OR Mailing Address: September 14, 1998 P.O. Box 23700 Tigard,OR 97281-3700 RECROVED (503)598-7377 '1`1'Y(503)603-7766 SEP 1 5 1998 City of Tigard CITY OF TIGARD Brian Rager Engineering Department 13125 SW Hall Boulevard Tigard, Oregon 97223-8144 Dear Mr. Rager: Enclosed with this letter are documents describing the private easement agreement between PERS and the owners of the adjacent "Key Parcel." The main document granting the easement is entitled, "Declaration of Restrictions." (Washington County Fee # 88-52298.) This agreement was originally between Westwood Holding Corporation and Key Pacific Services Corporation. However, PERS and the current owners of the Key Parcel have succeeded to this agreement. (See Section 6). Also please see page 2, paragraph J., which defines the "Utility Easements;" and page 9, Section 3, concerning the granting of the easement. We greatly appreciate your help in bringing this difficult issue to conclusion. Please call me with any questions at 603-7575. H Sincerely, 5e° L & ,ci:.4, ifi:ii.,5 ais 6 AYI4 N - David Bailey Al) ,4,, Z Deputy Director Y b 93 ftRs:,', _Celebrating 50 years of service to Oregon's public employees&employers ■ .•.c. ...%.,,,k,g1...,4.,-, .t..4 1.r., k..44.• ....0;.. ... - .,, . . . . .(414. ,..v. . 344 '10r` _ t 1AwIY ....+....ay... •:.i.---: 4.74—..- ' mil, 1 ..7., . ci pb / TICOR TITLE l/" j •INSURANCE 88-52298 ,';a� Washington County 3J DECLARATION OF RLSTRICTIONS 1;4_%i DATE' ¢ DATED: September 15 , 1988 :;« N. BETWEEN: WESTWOOD HOLDING CORPORATION *`'1 3030 S.W. Moody Avenue "' t() Portland, Oregon 97201--4897 ("Westwood") h :. AND: KEY PACIFIC SERVICES CORPORATION ^*i 7180 S.W. Fir Loop •~ Tigard, Oregon 97223 ("Key Pacific") `w 4`. `.t.,.. Recitals '�?+ t/✓ h A. Westwood is tl , owner of a 9.909 acre pa-eel of real '* ,'. property located in Washington County, Oregon and legally ' .'f, t descr=Led in Exhibit A attached hereto and made a part hereof �'.z (the "Key Parcel") . B. Westwood also is the owner of a 4 .019 acre parcel of ' real property located in Washington County, Oregon that is south ~ of and adjacent to the Key Parcel (the "Adjacent Parcel") . The Adjacent Parccl is legally described in Exhibit B attached hereto *`` and made a part hereof. , C. Effektive as of August 31, 1988 , Westwood and Key Pacific entered into an Agreement to Build (the "Agreement to . ,I.. ,',3414. Build") and a Lease Agreement (the "Lease Agreement") 9 ") ��ursuant to • which (1) Westwood agreed to build a two-story 87,250 square ,4. foot, more or less, o:fice building (the "Building") with associated parking, landscaping and infrastructure on the Key ►{1* Parcel (the Building and associated parking, landscaping and .4**' N A . infrastructure are collectively referred to herein as the ff"�t�'�i: "Improvements") , and (ii) Key Pacific agreed to lease the '�" r. Improvements from Westwood for a term of twenty 'fix*' the option in Key Pacific to extend the initial term for rtwo w(2) .lye .�1!'�yY i consecutive five-year periods. � ';�:;: D. The Lease Agreement contains provisions pursuant to ;'=5'rr- which Key Pacific may require Westwood to exiand the Building +- �:: either by adding up to 5 ,000 square feet of space on the ; yaip� northeast portion of the Building (the "Northeast Expansion") or 'aAr' by adding up to 40,000 square feet of space from the southern facade of the Building (the "Southern Expansion") . ", .Y•�..:- E. Construction of the Improvements contemplates t��� t1 P .f..A:%. construction of a road (the "Access Read") between the common boundary of the Key Parcel and the Adjacent Parcel so As to '� 1 • provide an access point for both the Key Parcel and the Adjacent 4t,� e Parcel to a public street, S.W. 68th Parkway in 9ttll d004, Oregon 11.t` .:" (the "Parkway") . N: :,� Tigard NIk i •. ,, si j '?":r. 1 �o 4 ?!u iltLr�j;,r A......_. „..7-1•..• . • . ` F. A portion of the Access Road lies within the boundaries �S, of the Key Parcel and is legally described in Exhibit it L attached I. hereto and made a part hereof (the "Key Access Parcel" ) , and the ��,,s remaining portion of the Access Road lies within the boundaries R of the Adjacent Parcel and is legally described in Exhibit Dq attached hereto and made a part hereof (the "Adjacent Access 'r Parcel") . G. Construction of the Southern Expansion will require that the Key Parcel be provided a second means of access to the Parkway across the Adjacent Parcel (the "Second Access") . ,'�' H. Plans for the development of the Adjacent Parcel `;` currently do not exist but may include a Second Access. r:: I. In planning for the eventual development of the Adjacent Parcel, Westwood has determined that the moat `°` advantageous location for many connections to existing utility A lines proximate to the Adjacent Fa reel and necessary for service thereto is through lines or mains located under, over or upon the Access Road. J. Westwood also has determined that the storm drain and y sewer lines that eventually will service the Adjacent Parcel, HI while passing under the Access Road, should connect to the Parkway through lines located in part on the Key Parcel (such portion of the Key Parcel that is in addition to the Access Road ( .. is referred to herein as the "Key Utility Parcel" and is legally described in Exhibit E attached hereto and made a part hereof) . The lines and mains to be located under the Access Road and/or 14. the Key Utility Parcel, and any easements necessary to be granted ff to servicing companies it connection . .erewith, collectively are referred to herein as the "Utility Easements") . .i� K. The parties hereto desire to allocate between : IA themselves and their successors and assigns the obligations to ,.pc construct and maintain the Access Road and the Second Access, toy authorize the provision of and/or the granting of the Utility .qv Easements and to allocate maintenance obligations arising in 17: connection with the Utility Easements, all pursuant to the terms `1 and conditions hereof. 1' NOW THEREFORE, in consideration of the foregoing A i. premises, the Agreement to Build, the Lease Agreement and other -. : good and valuable consideration, the receipt and sufficiency of :�}Nr;i which hereby are acknowledged, the parties hereto covenant and » agree as follows: : ; '• ,:g; SECTION 1 CONSTRUCTION AND MAINTENANCE OF ACCESS ROAD '► ,• . %, s 1 .1 Construction of Access Road 'Ts Pursuant to the ter:.ia and conditions of the Agreement 4...; to Build and the Lease Agreement, Westwood shall construct the 2 2- xy .,. , ' Access Road . The owner of the Key Parcel, for itself and for r.:- .4 subsequent owners of the Key Parcel hereby covenants and agrees , ►I that the Key Access Parcel may be used as provided herein as a (•� : r. non-exclusive means of egress and ingress from the Parkway or .4r;" other private or public dedicated street to and for the benefit of the Adjacent Parcel, and for the benefit of the owner of the 1:1; Adjacent Parcel , its agents, employees, guests, invitees, a4 lessees, mortgagees, successors and assigns. The owner of the :. Adjacent Parcel, for itself and for subsequent owners of the Adjacent Parcel, hereby covenants and agrees that the Adjacent -4-1, Access Parcel may be used as provided herein as a non-exclusive jix means of egress and ingress to and from the Parkway or other ;'.' private or public dedicated street to and for the benefit of the .1r Key Parcel, and for the benefit of the owner of the Key Parcel, its agents, employees , guests, invitees, ....essees, mortgagees, successors and assigns. Key Pacific, as lessee under the Lease Agreement, hereby consents to u98 of the Key Access Parcel for .-q. ingress and egress as provided herein. -_��} . , 1 .2 Maintenance of Access Road ; 1 .2 .1 During the term of the Lease Agreement and until t : such time as the Adjacent Parcel has reached the "Development =A,. Stage" as hereinafter defined, Key Pacific shall be solely ;;. ' responsible for paying for and performing maintenance of the :a . access Road. Should the Lease Agreement be terminated through no fault of Key Pacific prior to the Adjacent Parcel reaching the '`*+• Development Stage, and should Key Pacific no longer directly or indirectly use or be obligated in connection with the Key Parcel, :sf. then the owner of the Key Parcel shall be solely responsible for ';«' such payment and maintenance of the Access Road from and after the effective date of such termination of the Lease Agreement �''' until the Adjacent Parcel has reached the Development Stage (all ! references in this Agreement to the "Key Parcel Obligor" shall mean and refer to Key Pacific from and after the date hereof ,• until termination of Key Pacific' s use and/or obligations in connection with the Key Parcel as provided herein end thereafter :in shall refer to the then-owner of the Key Parcel) . At such time i 1, r as the Adjacent Parcel has reached the Development Stage, `financial responsibility for maintenance of the Access Road fromand after such time shall be shared equally between (i) the owner �t of f..he Adjacent Parcel and (ii) the Key Parcel Obligor. 1•, r: 1 .2 .2 As used in this Declaration of Restrictions 4f1.. (this "Agreement" ) , the Adjacent Parcel shall have reached the ;. Development Stage at such time as censtr��ction of improvements 5..„.4,1... upon the Adjacent Parcel has been completed and occupants, ',.! tenants or other uaers of such improvements begin to utilize the :7:r Access Road on a regular and continuous basis. V,i�, 1 .2. 3 Notwithstanding the foregoing provisions of this u.i iL '• Section 1 .2 , Key Pacific, the owner of the Key Parcel or the !.;. owner of the Adjacent Parcel, as the case may be, shall be solely ,t•;• responsible for the costs of maintaining ur repairing any portion '" •' is�.. 3 i . 1=1.7- .its Aai igAte . • • . , • i ,--,..4 . • . . i-, . • vi +�d of the Access (toad to the extent such maintenance or repair f: results from the extraordinary use thereof by such party, its i'}s, tenants, guests, agents, invitees, lessees or mortgagees. i-- ' Without limiting the generality of the foregoing , should the k, ;— owner of the Adjacent Parcel utilize the Access Road during and for construction of improvements on the Adjacent Parcel, then the l''#13.:5 owner of the Adjacent Parcel shall pay for and shall perrarm any : maintenance or repair of the Access Road occasioned by such -$ extra-ordinary use. ', tic 1 .2 . 4 Except to the extent otherwise provided in Iry Section 1 .2 . 3 above, maintenance and repair of the access Road shall be performed from and after the date hereaf by the Key Parcel Obligor in a prompt, diligent and regular manner in ;-*"; accordance with the generally accepted street and road 'LYt maintenance standards then existing under the laws of Washington i,1' County and/or the City of Tigard, including prompt patching or A. filling of damage to the pavement and resurfacing at least every ;s s.. ten ( 10) year's. Required maintenance shall include removal of < i� snow, ice and debris as soon as practicable. sill 1 .2.5 If the responsible Key Parcel Obligor or the owner of the Adjacent Parcel fails to perform any maintenance or • `'` repairs of the Access Road or to pay fox a portion of such ,e maintenance or repairs as required herein, the o..her party shall - s," provide such responsible party with notice thereof. Should the '` pa, ':y (i) responsible for performance of maintenance not initiate .;. such maintenance and repair within ten (10) days of receipt of . :t such notice and thereafter diligently complete such maintenance -'ss), or repair, or (ii) obligated to pay for a portion of such t,.,, maintenance and repair not pay such portion within ten (10) days ssee of receipt of such notice, then the other party may cause such • � '* work to be done or payment of such portion of the maintenance and repair. to be made with a right of reimbursement from the ,�?n�jar. nonperforming party for all sums necessarily and properly �i►' �•;y� expended to remedy such failure (including interest and attorneys' fees as provided herein) . If the nonperforming party ' ' fails to pay such reicrursement within the time periods provided ''' herein, then the other party causing such work to be done or •� 17 ' payment to be made shall have the immediate right to reacoz.s a as,,,:M lien against the real property owned or leased by the party tv�' responsible unlnr this Agreement for suck maintenance or payment. The amount of such lien shall include any and all attorneys' fees e ; incurred in connection therewith, including attorneys' i'ees sa.:14.�. incurred on appeal, if any , and further ..hall include interest ate'131: a rate equal to the prime rate plur five (5) percent compounded '�,� 1 annually on any amounts expended by such other party as a result . .�F,, of such nonperformance (including said attorneys' fees) . The ' parties agree that such lien shall be treated as a constructicn . • `'�,i lien pursuant to ORS Chapter 87, subject to foreclosure and ;k��('a�';. priority as net forth in the construction lien statutes, and, if j �'s�?' Key Pacific is the party responsible for such payment, wA�••-• maintenance or repair , that any lien filed by the owner of the a .; v, Adjacent Parcel against the Key Parcel snail be '`seated under the :i.'41 ;'• 4 4 i .•,,. 4.F ,e j , . ". . . . • \{� ` 6......... _r _ i y�• v ♦`1t• +.1 1 '! Q -� Y;, : fi ,•• F'i W .e 4'' fie1 y,2• 31�.ti ; •5•• Y F -r r L:• Lease Agreement, should such agreement then he in force , as a . �Y` lien placed upcn the lessor' s property due to the lessee' s ..4 conduct. , . 1 . 3 Use of Access Road ..•: c4 The Access Road may be used by the parties for �";,, vehicular and pederYt.rian ingress and egress purposes. Nc,ther• r�' party .shall have the right to park, load or unload any vehicle in the Access Road other than under emergency conditions or other f': than in connection with construction, repair or maintenance of improvements on the Key Parcel or the Adjacent Parcel; provided , Q however that such permitted parking, loading or unloading always shall not unreasonably interfere with normal access. Use of the ; Access Road by each party may be on a regular, continuous, non--"xclusive, ncnpriority basis, but no party' s rights hereunder li shall lapse in the event such party fails to utilize the Access Road on a regular or continuous basis. SECTION 2 LOCATION, CONSTRUCTION AND MAINTENANCE OF SECOND :i ' ACCESS lL� 2 .1 Construction of Second Access 3 . 1 . 1 Subject to and consistent wi `h the reimbursement -i;ir` provisions of this Section 2, the costs of coi tructing the `,;,:' Second Access ultimately shall be borne equally by (i) the owner .. '• of the Adjacent Parcel and (ii) the Key Parcel Obligor. 2 . 2 Construction of Southern Expansion Prior to Development -. of Adjacent Parcel ,{ : fel 2.2 .1 Notwithstanding the foregoing provisions of . 0 Section 2 . 1 . 1, should the Key Parcel Obligor cause construction f of the Southern Expansion, and thereby require construction of the Second Access at a time when a building permit in connection with the development of the Adjacent Parcel has not been issued . is (the "Pre-Development Stage") , then the Key Parcel Obligor shall :,, be responsible for construction of the Second Access and shall ilizr y initially pay the entire costs associated with construction of ;$ 4 the Second Access. In connection with such construction of the ;$4"I':, Second Access by the Key Parcel Obligor, the Kay Parcel Obligor shall provide the owner of t` a Adjacent Parcel with such bonds, ,}','■• letters of credit, completion guarantees or other financial .0. 4• ar.rangemente reasonably requested i)y the owner of the Adjacent 4"s Parcel as shall be necessary to protect the owner of the Adjacent l".� Parcel from mechanics or other liens or encumbrances that might arise from such construction of the Second Access and, upon 1,,..,'; completion of construction of the Second Access, shall repair any IIS1'''; damage to and otherwise reutnre the portion of the Adjacent _ 0"%' Mr Parcel :Jot physically encompassed by the Second Access to the 9•: condition that existed prior to such construction. Within ninety C "!• '%,. (90) days of such time as the Adjacent Parcel has reached the 9 .! 41 Development Stage and upon, receipt of notice from the Key Parcel fi 5 � 5 � e. • • � � y .• � . f(p�'Sny ? 'ti'� ,'e'�;�i. �•. •.,rte. C Y Obligor thereof, the owner o _ne Adjacent Parcel shall reimburse •.' a the Key Parcel Obligor for one-half (1/2) of the ree=onable f..-3 actual out-oi-pccket expenses previously paid for the • ,:., construction of the Second Access (exclusive however , of any expenses for maintenance of the Second Access incurred by the Ke .'1 Parce]. Obligor prior to attainment of the Development Stage on ►!'.rri the t.djac ,nt Parcel) . t 2 .2 .2 Should the Adjacent Parcel be at a stage where a building permit has been issued in connection with the •- .- development of the Adjacent Parcel (the "Planning Stage" ) at the '.: time the decision is made to construct the Southern Expansion, then the owner of th. Adjacent Parcel small determine whether the 1-`�`r'< Key Parcel Obligor or the owner of the Adjacent Parcel shall be - '".4 responsible for construction of the Second Access. Regardless of whether the Key Parcel Obligor or the owner of the Adjacent ': Parcel constructs the Second Access pursuant to the provisions of ,�,,, this Section 2 .2 .2, the owner of the Adjacent Parcel and the Key Parcel Obligor each shall pay one-half (1/2) of all hard and soft • costs of constructing the Second Access as such costa are - incurred. If the Key Parcel Obligor is to perform such construe-- `,; tion, then the Key Parcel Obligor shall provide such bonds, letters of credit, completion guarantees or other financial `-1= arrangements reasonably requested by the owner of the Adjacent Parcel as shall be necessary to protect the owner of the Adjacent_ 3+ Parcel from mechanics' or other liens or encumbrances that might arise from the Key Parcel Obligor's obligation to pay for one-- '* half (1/2) of the costs of constructing the Second Access and shall repair and restore any other portions of the Adjacent Parcel affected by such construction of the Second Access to the condition that existed prior to such construction by the Key Parcel Obligor. 2 . 2 .3 The Key Parcel Obligor shall provide the owner of the Adjacent Parcel with written notice of its decision to f•':, construct the Southern Expansion. Within thirty (30) days of receipt of such notice, the owner of the Adjacent Parcel shall notify the Key Parcel Obligor as to whether the Adjacent Parcel -eet has reached the PlaAning Stage and whether such owner intends to =;r construct the Second Access; failure to respond within such thirty (30) day period shall be deemed a determination that the ' j Adjacent "arcel is at the Planning Stage and that the Key Parcel t� Obligor snal.l construct the Second Access. The party ,'` constructing the Second Access pursuant to this Section 2.2 shall ,:. ' promptly begin and thereafter diligently complete such construction. ; *4 i 2 .3 Development of Adjacent Parcel Prior to Construction of Southern i`'` ern Expansions''' 2 .3 .1 Should the Adjacent Parcel reach the Planning 1„ Stage prior to the time the Key Parcel Obligor has determined to rr, construct the Southern Expansion, and should such development .i« contemplate construction of the Second Access, then the owner of 'a*� It i• .t • R yQ�' •'-- . the Adjacent Parcel shall construct the Second Access. The Key `. � Parcel Obligor and the owner of the Adjacent Parcel each snail : •: pay on -half (1/2) of all hard and soft costs of constructing the 1:.=� Second Access as such costs are incurred. ` ' 2 .3 .2 Should the Adjacent Parcel reach the Planning +'•~4 Stage or the Development Stage prior to the time the Key Parcel , Obligor has determined to construct the Southern Expansion, and r should such development not contemplate or include construction ■; ` of the Second Access, then upon a decision by the Key Parcel . ili) 1 Obligor to construct the Southern Expansion, the provisions of 0j Sections 2.2.2 and 2.2.3 above shall determine the obligations of ;;''w ,L' L� the parties for the construction of the Second Access and the J,/ payment therefor. '. •. - 2 .4 Competitive Bid Y n Construdtio of the Second Access always shall be by ° competitive bid. Such construction shall be of a design, s^ , specification, construction and quality reasonably acceptable to t.-#,4 the owner of the Adjacent Parcel, shall be at least twenty-five (25) feet wide with six (6) inches of rock bed and two (2) inches ' of all-weather asphalt surface and shall have adequate storm drainage adjacent to such roadway, and otherwise shall be constructed in accordance with all federal, state, county and/or y local requirements therefor. 2.5 Location of Second Access . The design and location of the Second Access always ,.,$ shall be such as to minimize interference and detriment to the .` use and/or development of the Adjacent Parcel by the owner of the , Adjacent Parcel, its agents, employees, guests, invitees, ••k lessees, mortgagees, successors and assigns, and shall, in all ' x , respects, be satisff.ctory to the owner of the Adjacent Parcel; .r ' provided however that the Second Access always must be - • " constructed so as to satisfy City of Tigard and/or county �;��.. . requirements for a second means of access to the Parkway should y the Southern Expansion ever be built. The owner of the Adjacent .. ILAft Parcel hereby covenants for itself and for all subsequent owners e$: of the Adjacent Parcel that the Adjacent Parcel shall be burdened 'I ., : may,• by the obligation to allow construction of the Second Access in ,:,• conjunction with construction of the Southern Expansion. by the . i Key Parcel Obligor consistent with this Agreement and further ?• covenants to grant such nor.-exclusive easements, rights of wa y or •�'• ., licenses as are necessary to implement the l' '`"' Y P pro isions of this „�;�,t• Agreement to allow construction of the Second Access on the 14,40%` Adjacent Parcel. Notwithstanding anything in this Agreement to 4e the contrary, should the Seccnd Access be constructed pursuant to r this Agreement g pric,r to the time t`�e Adjacent Parcel has renched . the Planning Stage, and should the owner of the Adjacent Parcel •'�"""" nevertheless subsequently determine that the Second Access is . Au. detrimental in any manner to the contemplated development of the 4 Adjacent Parcel, +:hen the owner of the Adjacent Parcel shall beggti 7 it, M... a..-7.."-1.4.,/,%el".Z.74:ie.:444...4.4..:,1 !•;',.-1 ,4,-e.- -. - . • 4 iit , .N. . 4' :--,-1-J )l,-J.: '«�`i`•:477.;/ 7--II;1 :; :;: �' . •.�4-: '^l dy,'a(::.,44': . ...'_S h. . }. Ate' ', 'st• .LJ• •�4'M1�It'+Ra . _.. traI, ,1. I. e,..'..'1.- ,4- t r 1 entitled to relocate the Second Access so as to minimize or ::. .i eliminate such detriment, pro e1.ded only that such relocation does ie , not substantially and materially defeat the intended use or r..4• enjoyment of the Second Access by the Key Parcel Obligor . The L.,e � i costs of such relocation shall be borne solely by the owner of f. " . the Adjacent Parcel. k•. A 2 .6 Maintenance of Second Access � ''^ a4la 2 .6.1 Should the Second Access have been constructed y*.' ` prior to the time the l.djecent Parcel has reaci.ed the Development �e�:ii- Stage, then the Key Parcel Obligor shall be solely responsible .-N,.. . for the performance and payment of all maintenance and repair of `';1 f the Second Access until the Adjacent Parcel has reached the 1evelopment Stage. At such time as the Adjacent Parcel has s '`. reachei the Development Stage (whether: or not the Southern .- Expansion then has been built or then is contemplated) , financial .e.x•! responsibility for maintenance and repair of the Second Access Ael thereafter shall be shared equally between the owner of the ••:,gyp' Adjacent Parcel and the Key Pacific Obligor. Notwithstanding the ' ':` foregoing provisions of this Section 2 .6 . 1, each party shall be ` solely respoosibl€ for the performance of and costs of f:{ maintaining or repairing any portion of the Second Access to the .kf extent such maintenance or repair results frcm the extraordinary use thereof by such party, its tenants, guests, agents, invitees, ; 1 lessees or mortgagees. ry_ 2 .6 .2 Except to the extent otherwise provided in ''• Section 2 .6 . 1, maintenance and repair of the Second Access shall `` be physically performed by the Key Pacific Obligor prior to "'' ' attainment of the Development Stage on the Adjacent Parcel and - , thereafter shall be performed by the owner of the Adjacent ?• Parcel. Such maintenance and repair shall be in a prompt, diligent and reguler manner in accordance with the generally accepted street and road maintenance standards then existing :i ,; under the laws of Washington County and/or the City of Tigard, including prompt patching or filling of damage to the pavement .04 and resurfacing at least every ten (10) years. Required W"?' maintenance shall include removal of snow, ice and debris as soon .,; as practicable. ;:;m 2 .7 Lien Rights lj If the responsible Key Pacific Obligor or the owner of !,0... the Adjacent Parcel fails to perform any construction, ,;. maintenance or repairs of. the Second Access or to pay for a f portion of such construction, maintenance or repairs as required `3•`; herein, the other party shaJ.l provide such responsible party with WO* notice thereof . Should the party (i_) responsible for performance V•4'• of construction, maintenance or repair not ini _iate such con- x,41 struction, maintenance or repair within ten (10) days of receipt •ee44, of such notice and thereafter diligently complete such construe- tem.; tion, maintenance or repair , or (ii) obligated to pay for a portion of such construction, maintenance and repair not pay such Vit .rr, , • 1 Y �. ' ' J .....0+y}�4 ;.TF'4 . `-.0t�•Ityi,s_ , .:(1:` Lf. • Kr° N. . C. � r•�;. a .+r.. '`? •� le„. ............ _•••7'.. ' ; . •� J il . i portion within ten (10) days of receipt of such notice, eheh the ;'. q other party may cause such work to he done or payments tc be made • with . rignt of reimbursement from the nonperforming party for ' all sums necessarily and properly expended to remedy such failure l ' (including interest and attorneys' fees, as provided herein) . If f�'� the nonperforming party fails to pay such reimbursement within 1 . the time periods provided herein, then the other party causing such work to be done or payment to be trade shall have the immedi- ate right to record a lien against the real property owned or 1` leased by the party responsible under this Agreement for such payment or maintenance. The amount of such lien shall include any and all attorneys' fees incurred in connection therewith, including attorneys' fees incurred on appeal, if any, and further shall include interest at a rate equal to the prime rate plus five (5) percent compounded annually on any amounts expended by 1i such other party as a result of such nonperformance (including t said attorneys' fees) . The parties agree that such lien shall bo treated es a ccnstruction lien pursuant to ORS Chapter 87 , subject to foreclosure and priority as set forth in the construe- A tion lien statutes, and, if Key Pacific is the party responsible 1 ft - for such payment, construction, maintenance or repair, that any &I lien filed by the owner of the Adjacent Parcel against the Key / rarcel shall be treated under thu Lease Agreement as a lien ,_ placed upon the lessor' s property due to the conduct of the lessee. r- 2 .8 Use of Second Access The Second Access may be used by the parties for .i vehicular and pedestrian ingress and egress purposes. Neither party shall have the right to park, load or unload any vehicle in the Second Access other than under emergency conditions or other ' , than in connection with construction, repair or maintenance of improvements on the Adjacent Parcel; provided however that such permitted parking, loading or unloading always shall not 11 � ; unreasonably interfere with normal access. Use of the Second e. Access by each party may be on a regular, continuous, ', . non-exclusive, nonpriority basis, but no party' s rights hereunder shall lapse .:n the event such party fails to utilize the Second 4: Access on a regular or continuous basis. e. S CTION 3 CONSENT AND GRANT O' UTILITY EASEMENTS :3 Key Pacific hereby consent . to the provision of and/or ai. the granting of the Utility Easements and the owner of the Key 11,,t.. Parcel hereby covenants for itself and for subsequent owners of 1.4i A the Key Parcel that the Utility Easements may be located upon the Key Parcel. The cost of subsequently maintaining, repairing, IA and/or replacing the Utility Easements (including repair and '`•+r rest.oraticn of the Access Road required in connection therewith) ;j:r shall be the sole responsibility of the owner of the Adjacent i . Parcels provided however that if the Key Parcel Obligor ever :A utilizes the utilities previously provided through the Utility 4 Easements, then the Key Parcel Obligor shall pay all hook-up fees 'P 9 9 4 s ■ ,..4,___., -. . . , . ''11{.4,0IYfMM 11i..ur/i�r�.Mi+r....a.sr............. .._" y 1f*4 !:>l associated therewith, shall reimburse the owner of the Adjacent. Parcel for one-half of all out-of-pocket e:.penses incurred by 1v.,. such owner in connection with the Utility Easements prior to such I, * _: time , and thereafter shall pay one-half of the costs of w maintaining such ut-lities. e� SECTION 4 STAGING EASEMENTS :Z. Key Pacific, the owner of the Key Parcel and the owner �'.s.,.: K y y of the Adjacent Parcel hereby consent to or grant to the other such .temporary easements, licenses or rights of way as shall be , necessary or reasonably convenient to construct, install and/or r : thereafter repair or maintain the Access Road, the Second Access '•`rs and/or the Utility Easements. Such easements, licenses or rights .of way shall be exercised by a party so as not to unreasonably °interfere Frith the other party' s use or enjoyment of their respective interests, shall ter-ninate at such time as the `� applicable access. oade or utilities are installed , constructed, repaired or maintained and the party benefiting thereby shall restore the property burdened thereby to the condition that existed prior to use thereof by the berefitted party pursuant to the provisions of this Section 4 . • .i SECTION 5 CONDEMNATION; DEDICATION; PROPERTY TAXES; INSURANCE =jq' silo 5.1 In the event that the Access Road or the Second Access..: or any part of either is taken by power of eminent domain, or is ` `.• conveyed under threat of condemnation, and such taking will render the affected access roadway unusable for normal, regular, `1,,' two-way vehicular ingress and egress, this Agreement shall terrinate as to the roadway so affected. If such taking does not render the affected roadway so unusable, the obligations of a party whose portion of the roadway is taken shall be abated to ' �tX the extent of such taking, but this Agreement shall otherwise P;;P continue in fell force and effect. Proceeds from any such :! condemnation shall belong exclusively to the fee title owner of r the property so taken. .� !.' 5. 2 If the parties are requested by an appropriate t_r.4.•. governmental jurisdiction to dedicate the private roadway for '4. 9 j P Y .•�;�; public use, each party shall promptly execute and deliver to such ;'• jurisdiction deeds conveying their respective portions of or dif- " interests in the affected roadway for such purposes. "' 'fit 5 .3 The Key Parcel Obligor and the owner of the Adjacent .. :? Parcel each shall pay when due all real property taxes, 4*.•,,v• assessments or other charges against the land to which each party r':r` holds fee title or a leasehold interest and which is a part of ?0,....,1 the Access Road, Second Access and/or Utility Easements. s:..•,. is sr.i 5 .4 The Key Pacific Obligor and the owner of the Adjacent ,�;�^h* Parcel shall, simultaneously with the execution of this suss' Agreement, provide evidence to the other party that public PR+ lfrr' 10 d ys:i " r ' r F Y r fir{, " . , ,�� .•� ;y2} . ��4'�}; :'..��iii* =r:,.'. . I : •h , •. i t liability insurance wigs minimum combined limits of not leis than I` 4' ` $1 ,000 ,000 is in force at all times reia::ing to all activities, k, conditions; operations and us•igee on or about that portion of the Access Road and/or the Second Access which is demised or owned in fee title by the respective parties. Each such policy required I ' of a pasty hereunder shall contain a waiver of subrogation for .. the `henefit of the other party, shall list each party as a co-inser d and shall contain an endorsement requiring thirty (30) days' notice to such other party by certified mail, return •.ct receipt requested, nrior to a cancellation or any reduction in amount of coverage in such policies. '", SECTION 6 BINDING UPON SUBSEQUENT OWNERS rk The terms, conditions, covenants, easements and _ agreeme..±s contained in this Agreement and the benefits and V:.1 ,. beriens thereof are intended to be perpetual and to run with the land and shall be_binding upon and inure to the benefit of the owiirs of the Key Parcel and the Adjacent Parcel, their ry. successors and assigns. Any person succeeding to the interest of 'sr, a party hereto shall succeed to all of such party' s rights, ;i;r interests tnd obligations, subject to and with the benefit of all ,` terms and conditions of this Agreement. Such covenants are to be i.Af A • enforceable at law or as equitable servitudes in equity or in such other manner as shall be necessary to enforce the provisions . of this Agreement to the fullest extent possible. 7A4',, SECTICN 7 BREACH; INDEMNIFICATION 4 • „,. . 7 . 1 Breach '-r% In the event any party shall fail to perform its obligations under this Agreement, the other party shall be ` entitled to require such performance by suit for specific • performance, or, where appropriate, through injunctive relief. Such remedies shall be in addition to any other remedies provided in this Agreement or available at law or in equity. f��'` .. 4:�i Notwithstanding the foregoing provisions of this Section 7 .1 , and V � except to the extent otherwise specifically provided herein , each >:=y,: party shall provide the other with ten (10) days prior notice of a default under this Agreement and with an opportunity to cure the default within such ten (10) day period. i �• ', r, 7 .2 Indemnification .Also Each party shall indemnify, defend and hold the other ✓ • h' L, party harmless from end against any and all claims, expenses, Li liabilities, loss, damage anc`, costs (including reasonable �{w,a attorneys' fees) incurred in connection with, or arising from, /TG!;: due to, or as a result of: 147.10;(i) the negligence, omission or willful misconduct of y '. the indemnifying party, its agents, servants or employees, or 11;. I I ,, • ,,, „. ' ' 11 rfV •.•• r Pi' fi r• �� •.7f 1. `2 e e l ev- V N 4w 04.{4w.......r k.. ._.._.�._�.�_.• -._.. • - .' 4 ril (ii) injury or death of persons, da,rage to property, or ` .: ".3 claims of lien arising from and attributable to work or labor !-AA performed, materials or supplies furnished in connection with, or other use by a party of the easements and rights granted hereunder. l' { " SECTION 8 DISPUTE* RESOLUTION 1 ..� Any dispute, controversy or claim arising out of or in L' ' . connection with or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of any party :A,: , ee involved, be submitted to and settled by arbitration in Portland, Oregon, pursuant to the rules then in effect of the American Arbitration Association; provided, however, that nothing 1;x2,41 contained in this .Section 8 shalt preclude a party from recording and/or thereafter enforcing the construction lien against the property as provided in Section 1 .2.5 and in Section 2.7 above . , independently of and prior to or simultaneously with arbitration e* :`. thereon or on any other matter. The party to this Agreement - ': requesting arbitratio: shall submit written notice to the other i'.'7'!'• • party hereto of such request. Upon receipt of ouch ,notice, the Key Pacific Obligor and the owner of the Adjacent Parcel ahall within fifteen (15) days attempt to agree upon a single neutral arbitrator. If the parties are unable to agree upon a single ,‘�'lt neutral arbitrator within such fifteen (15) day period, either party may petition a court of competent jurisdiction to appoint a • • single neutral arbitrator. The parties agree to be bound by the Arbitrator' s decision and that, in lieu of litigation, the Arbitrator' s decision shall be final, binding and conclusive upon 1r- ehe parties and tt•at a judgment thereon may be entered in the t.•.4, appropriate court of the forum, state or federal, having ' jurisdiction. The expenses of the arbitration shall be borne •; • ,4 equally by the parties to the arbitration. No arbitration shall r�� be commenced after the date when institution. of legal or ° equitable proceedings based upon such subject matter would be .7. barred. by the applicable statute of limitations. Enforcement of 't`'ai any arbitral judgment in the Oregon courts shall be governed by ";:tl ORS Chapter 3.3 .210-33 .240 . `+. rr SECTION 0 MISCELLANEOUS PROVISIONS '''�='' 4W;).. .. zr. (a) This Agreement shall be construed a- d enforced in '+* ' accordance with tha laws of the State of Oregon. l'..4: (b', This Agreement sets forth the entire agreement of , t•' ; � the parties regarding its subject matter and no modification, r:,; variation or amendment of t1i'.s Agreement shall be effective , 4''+}i unless embodied in a writing signed by all of the parties then it+` t i having an interest in the Key Parcel and/or the Adjacent Parcel, ;,,,sev. including an interest as lessee. e.y. 4*I (c) It any provision of this Agreement or its ; application to any party or circumstance shall be determined by ?: ,, ,. any court of competent jurisdiction to be invalid or ';�' 1 a to 12 , y `,? •, /; 1`y{'7 V14‘'''''i- 4'.1:i rf F°t�l;ijlYS \•* ,i 6: '!}}y�.,;�,�,y[�[ { . ' ,�yy t .' a., f1�.., a .y, .'� !- sn . . iii .3 -• '\ D LM X`'!�:i, ,\ µ'7M'%.'4ti a 'rt1' • 4:: . .ti t�' lam'- ____ _ __ ..r•r nr L r.` 11,* unenforceable to any extent, the remainder of this Agreement or eftil the application of such provision to such person or circumstance, other than those as to which it is so determined invalid or It unenforceable, shall not be affected thereby, and each provision of this Agreement rhall be valid and shall be enforced to the �� fullest extent permitted by law. , (d) Each party hereto shall execute such further documents or instruments as shall from time to time reasonably be 4' requested by the ether party hereto, including, without e. limitation, granting of easements, if such documents or ,, -zst.ruments are necessary to implement or aLe consistent with the t intent and purposes of this Agreement. (e) In the event of any dispute as to tiie meaning or interpretation of any provision of this Agreement or in the event o.•• of any litigation arising under this Agreement, the prevailing ir � party shall recover from the losing party, the prevailing part' s 4 reasonable attorneys fees incurred in connection therewith, 7+ including attorneys' fees incurred at trial or on appeal, as a it djudged by the trial or rppellate court. .N (f) This Agreement shall be recorded in the real :;' property records of Washington County, Oregon. ,tip; E IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. } ry Westwood: WEJTWOOD HOLDING CORPORATION, an • :' Oregon corporation flii - 'i. By �J� L.Q2 :;' n r Title v cr,� ✓t s.d�v�V . Ne,. sitY i Key Pacific: KEY T'ACI! LC SERVICES CORPORATION, A0‘. .RN}, i' an Oreg•. corperat n E.,,..., By A � . Title! j05/ / _ +',,s� • Will 1 •�tigtw to. • i 'i«..nwne►s4� $y d�,?i ' 4,. v i„ ;, .a.. •��'.,`'r, %� rit.:r ��� � _41.:,1',,,A it.t yr, t. . . r ; . �} ;''').4t„. M • . •r+ i+7 , l�ti• vA-",•T;+' � + iy, , ��' i, ` 4 /, �;�.'�'�9 it j. i h'.. .fit'{ } S if. r +' y ..s_�; � � 1l ..,[6 rat, ;ti:�,.+.1'‘'''': : it A• 1 ; � .h�• .. ... :..1.1.r,,,'S 1. -.•.{ •� "1 ■ .L •' i! . f STATE Cr OREGON ) County ...f iL) ss+ A/o v _l,1 r_ • On this /7' day of Sufrtrausbwr 1988, personally appeared before me �//d,•• 1. as AT j of 'Westwood Holding Corporat on and be ng first st duly sworn did r,A ., a.t s/he voluntarily signed this instrument on behalf of the •i• .Corpor4on by authority of its Board of Directors. °; i r� \Git� _ v - � + 1 \.: ��� Rotary P bl c for Oregon ' "••'" c► Mir Commission Expires ; -. �� if,/ F'OfA. STATE OF OREGON • ,--j• se. Eta Co•anty of �j,�,N.,ys (,q , 1:1•;• On this CT /t{dfi�,4.,.:.: dared before me p/ day of 1988, personally AU/D A • AfiTS a8 __ 15.__I/3041f { ,o cey-.. Pacific Services Corporation e.nd beingffirst duly sworn • ,•.:' r1oT� ay that s/he voluntarily signed this instrument on behalf of A, •.,.$n6. rporation by authority of its Board of Directorc. No ary Public for Oregon I M Commission Expires o2 - /e3 -4? / j;` 64/C7/0102/10 Y7A•. b. is 44. .4 , W. ig r 4' t ?E 1 C '+, t • .L•` :f ,1'1 �,.�,•�_ .�.,�', '•‘ „ail,-, f F I ``•'14, .� �{ ,,� r•,( . tr . v N., t y*.✓!••-i .. is iT� .y1`f .f 1 i'•.... �, ;e �`• 'ds "•-: r' .. •1::,1•.ice EXHIBIT A i' (Xoy Parcel) -,',A AUG. 12, 1538 WESTWOOD CORPORATION ')4' PROPERTY DESCRIPTION k PARCEL 1t^^ t ) /4., Description of a parcel of land situated in the S.E. 1/4 Section ,„. 36. Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington and State of Oregon, said parcel ?.i being a part of that certain tract of land conveyed to Portland *,.<:.`,2 General Electric Company by Bargain and Sal, Deed Recorded Jan- uary 29, 1962 in Book 456 Page 433, Deed Pecords far Washington p County, Oregon, said parcel more particularly described as ,: follows; 4. Beginning at a brass cap monument marking the East 1/4 corner of :t"= •Section 36, Township 1 South, Range 1 West, Willamette Meridian; 3L : thence North 87°41 '06" West 4.74. 15 feet to the Ini .�al Point of "Way Lee" , a recorded plat; thence continuing I rth 87°41 '06" •t*r :: fi' ' West along the South line of said plat 1:8.60 feet to a point a;`•.��: therein and the Northwest corner of the aforesaid Portland Gen- 'eral Electric Company tract of land; thence South 01°48'51" West along the Wevt line of said tract 657. 47 feet to the Northeast .;ti— y corner of that certain parcel of land described in Washington • '4'•''; County Recorder 's Fee No. 87061375; thence North 88°1l '35" West ..•' ' along the North line thereof 78.28 feet to the Northwest corner e...:, thereof , said corner being in the Easterly right of way line of V.V. S.W. 68th Parkway, a dedicated street 60.00 feet wide; thence along said line along the arc of a non-tangent 340.00 font radius curve left 24.60 feet through a central angle e'f 04°08'42" (the , chord bears South 37°25 '59" East 24.59 feet) to a point of tangency; thence South 39°30'20" East 114. 11 feet to the beginn-ing of a tangent 559.50 foot radius curve right; thence along the If 4 ; arc of said curve 42.04 feet through a central angle of 06°42'03" !IL:. (the chord bears South 36°09• 18 ' East 42.02 feet) to a point { , therein; thence leaving said right of way line North 50°32 '07" East 113.50 feet; thence South 84°27 '53" East 314. 61 feet to a j',4`: ' i point in the Westerly right of way line of Interstate 5; thence {• ` �� ,9,,'�� alone said line North 06° 19 '27" East 13.50 feet to a point 19b.00 •;.( y '.f.} feet right of Enai {..ers Centerline Station 34+00 P.O.S. ; thence ''.k'��:?�:;' continuing along said line North 25°22'42" East 562.74 feet to a ati '4; point which bears South 25°22'42" West 67.01 feet from a point 1�.•�• 160.00 feat right of Engineers Centerline Station 28+00 N.O.C. ; 1t�; ;.,, said point being in the East line of Section 36, aforesaid; rt`wt'1'! • thence along said section line North 01° 31 '36" East 205.92 feet Y+'jj;.,,,f" hr;;c'}, to the point of beginning. ;us CONTAINING THEREIN an area of 431 ,650. 3 square feet. (9. 909 ! acres, mo. C or less) . ,rte Imo. ,`411`:.was+•!••,y; r•r vv,� ;'F' �.' .'. J•:.''�et•,r. - • • 4•• 13XIIIBIT B t (Adjacent Parcel) • AUG. 12, 1988 •, r..,S WESTWOOD CORPORATION PROPERTY 3ESCR IPT I ON •4.+ PARCEL 2 Description of ♦ parcel of land situated in the S.E. 1/4 Section .i.st 36, Township 1 South, Range I West, Willamette Meridian, City of sz Tigard, County of Washington and State of Oregon, said parcel being a part of that certain tract of land conveyed to Portland General Electric Company by Bargain and Sale Deed Recorded Jan- +` nary 29, 1962 to Book 456 Page 433, Deed Records for Washington °-i County, Oregon, said parcel being more particularl•• described at e • 4011064w: •% Commencing at a brass cap monument marking the East 1/4 corner of Section 36, Township 1 South, Pinge 1 West, Willamette Meridian; si thence South 01°31 '36" West along the East line of said Section 203.02 feet to its intersection with the Westerly right of way line of Interstate 3, said point bears South 25°22'42" West 67.01 feet from a point 160. 00 feet right of Engineers Centerline St..tion 28+00 P.O.C. ; thence along said right of way line South 25°22'42" West 562.74 feet to a point 193.00 feet right of Engin- eers Centerline Station 34+00 P.O.5. ; thence continuing along ,; said Westerly right of way line South 06°19'27" West 13.5C feet to the true point of beginning of the hereinafter described 't parcel of land; thence leaving avid line North 84°27 '53" West 314.61 feet; thence South 50°32'07" West 113.50 feet to a point in the Easterly right of way line of S.W. 68th Parkway, a dedic- ated &tract 60.00 feet wide; thence along said line along the arc 'r '' of a non-tangent 339.50 foot radius curve right 419.03 feet through a central angle of 66°47. 12" (the chord bears South 00° . 35' 19" West 393. 73 feet) to a point of reverse Lurvature; thence along the arc of said curve 11.03 feet through a central angle of r :y 02°27'54" the chord bears South 32°44'58" West 11.03 feet) to a 5, , ! mint of compound curvature; thence along the arc of a 47.00 foot radius curve left 101.37 feet through a central angle of 123°35' ro., 45" (the chord bears South 30°16'21" Eact 82.83 feet) to a point of tangency, said point being in the North line of S.W. Haines Street, variable in widths thence along said North line Aorth 87° :. 56 ' 16" East 57. 77 feet tc Q point 30.00 feet Northerly of (when 44; measured at right angles) "H" line as established by the O. D.3. T. ; thence South 87°48'53" East parallel to said line 51.85 feet to it 's intcrseution with • 209. 15 foot radius non-tangent curve rights thence along the arc of said curve 166.64 feet through a cs.•Aral angle of 43°39 '05" (the chord bears North 73° ; •t 226 '36" East 162.27 feet) ; thence tangent to said curve South 83° 43'40'• East 51 .35 feet to a point in the Westerly line of Inter- • k i `� 8Y . �.4 r . .' yp6 `:i'i "r- f, ' r . '.►� rr?'i•:• 4 .. • • .4 . • .0,.. I N. ■• . . -. ., ,,,,.\ -,,,,,!:. !tr........iii,;,- •r ..k tip• .. T Z f4r.-.4 ..'•y Wet' � i 4•i. �r�ji `. •w Y(41.43144. ;7?1°-. t V. :n Aibt it r a rT !e fi M PARCEL 2 (C or•-:) , s PAGE 2 r y g1„,,,,. state 5, as established by the O.D.O.T. , said point bears North ; 06°19'27' West 44. 17 feet from a point 130.00 feet right of Eng- ineer. Centerline Station 39+00 P.O.S. , thence along said right ,i '� of way line NOrth '06 019'27” East 480.31 feet to the point of Nr beginning. A. Ca CONTAINING THEREIN an area of 175,067.6 square feet. (4.019 acres, more or less) . r 1I. VA . I 1 it.• ' P 4. yj;: 4j. 44: `.w if • k 17 • x , l, nr:, F."N'a ,?: • :. 'i .•weer„. ..,.•: 1,-;,-....!� rte; + �,y!S✓ 'wK rT i �y�_ Y ti ,. •✓iia..+.f'./Iwr�H” Y.. 1.��-r.—....+........wM+a• .f -..•.r,...... ... W. . }r r.% TW.• X/wr g l Y•t EXHIBIT C (Key Access Parcel) 4 *.'a.. 5 AUG. 12, 1988 i t t. WESTWOOD CORPORATION l q►. INGRESS-EGRESS AND UNDERGROUND UTILITY EASEMENT ,00" Description of a strip of land, vc.riable in width, for access and w{ , underground utility purposes situated in the S.E. 1/4 Section 36, .',i`^' .:A" Township 1 South, Range 1 West, Willamette Meridian, City of :' "° Tigard, County of Washington and State of Oregon described as .: . `y' follows! 1 ' Commereirg at the Northwest corner of that certrin parcel of land ,� described in Washington County Recorder 's Fee No. 87061375. said 1L corner being in the Easterly right of way line of S.W. 68th Park- !- 1k way, a dedicated street 60.00 feet wide! .hence along the Wester- ;�' • • : ly line of sair parcel (and the Easterly line of said street) along the arc ..f a non-tangent 340.00 foot radius carve left ir. 24.60 feet through a central angle of 04°08'42" (the chord bears ": , South 37°25'59" East 24. 59 feet) to a point of tangency; thence e, along the Easterly line of said street South 39e30'20•' East to 108. 11 feet to the true point of beginning of the hereinafter . `:`i det:cr i bed easement; thence leaving said right of way line North 'i ,; 59029 '40" Erst 12.50 feet; thence South 45°37'49" East 21. 13 "�'�'+h ' feet; thence North 50°32'07" East 120.(73 feet; thence South 84° li.W• 27 '53•' East 319. 72 feet to a point in the Waster1y right of way , 'ii line of Interstate 5; thence along said line South 25°22'42" West s.- et' bo 28. 17 feet to a point 195.00 feet right of Engineer 's Centerline '., `' Station 34+00 P.O.S. ; thence continuing along said right of way " "i , line South 06°19 '27" West. 13.50 feet; thence leaving said right -e.,: of way line North 84°27 '5:.1" West 314.61 feet; thence South 50 32' `�`"1 1; 07" West 113.50 feet to a point in the Easterly right of way line ':.;e:':, of S.W. 68th Parkway, aforesaid; thence along the arc of a non- `V,1ix tangent 359.50 foot radius curve loft 42.04 feet through a 11' central angle of 06°42.03" (the chord bears North 36°09' 18" West ,,yy; 42.02 feet) to • eoi nt of tangency; thence along said right of �•,..,x�; way line North S9°30 '20" West 6.00 feel to the point of EiI':: ;s. ,V,!!(" yr. , ' 'Tqi ..-7.:,,t',.-- :. '4'_t •. GM ,• ,%�/ 2 s dAAW.I tiJM►ti.W'9't..r .s.•.. .... 2 lik • EXHIBIT D 11 (Adjacent Access Parcel) . ,4' 4 AUG. 12, 1988 WESTWOOD CORPORATION • 4 1 INGRESS-EGRESS AND UNDERGROUND UTILITY EASEMENT .te•'• Descriotion of a strip of land 25.00 fret in width, for accest `r and underground utility purposes situated in the S.E. 1/4 Section 36, Township 1 South, Range 1 West. Willamette Meridian, City of ..-' Tigard, County of Washington and Strte of Oregon described as follows; Commencing at the Northweeit corner of that certain parcel of land described in Washington County Recorder 's Fey No. 87061375, said corner being in the Eatteerly right of way line of S.W. 66th Park- -4i way, a dedicated street 60.00 feet wide; thence along the Wester- ly line of said parcel (and the Easterly line of said s;.r..et) along the arc of a non-tangent 340.00 foot radius curve left 24.60 feet through a central angle of 04°08'42" (the chord bears '1 South 37"29'59" East 24.59 feet) to a point of tangancy; thence along the Easterly line of said street South 39°30'20" East -t• 114. 11 feet to the beginning of a tangent 359.50 foot radius curve right; thence along the arc of said curve 42.04 feet ri through a central angle of 06 42'03" (the chord bears South 36° se 0(.' 19" East 42.02 feet) to the true point of beginning of the hereinafter described easement; thence leaving said right of way liki line North 50°32'07" East 113.50 feet; thence South 84027 '53' 4 il!:: East 35.3i, feet; thence South 50 32'07" Wait 142.32 feet to • ,; pa! nt in the Easterly right of M'.1y line of S.W. 68th Parkway, ` aforesaid; thence along the arc of a non-tangent 339.50 foot '' "$. radius curve Left 25.24 feet through a central angle of 04001 '53" VI? the chord bears North 30°47'21" West 25.29 feet) to the point of a.- . beginning. ti. y r(Kr( a. �a1 M M;,1: 11•.+yam4 watall tirr v�, 19 ,o, rItir .. ' ' 4sje , fe ,ij11n.��>4 ? 1' My .� is 1 t.. “.4..,........ .,t-'114:4. r -., s, ?,..--• . • r .. `• a^ i•� 'i. • 1. • !, EXHIBIT E '1 (Key Utility Parcel) .."`; • w AUG. 12, 1988 Ez- WESTWOOD CORPORATION SANITARY SEWER EASEMENT • Description of -a strip of land 15.00 feet in width (7.30 feet on each side of the following described centerline) for underground , r. sewer line pt.tr'pouea situated in the S.E. 1/4 Section 36, Township 1 South, Range 1 West, Willamette Meridian, City of ` Tig-rd, County of Washington and State of Oregon described as follows: Commencing at the Northwest corner of that certain parcel of land i described in Washington County Recorder ' s Fee No. 87061373, said +�- i`, Northwest corner heir.q in the Easterly right of way line of S.W. ;*0 68th Parkwr•y, a dedicated street 60.00 fee`_' wide; thence along h. the Westerly line of said parcel (ind the Easterly right of way of said street) slung the arc a4 a non-tangent 340.00 foot radius -4 curve left 9.51 feet through a central angle of t0 36' 12" !the N. chord bears South 36°09 '44" East 9.51 feet) to a point therein 4i slid the true point of beginning of the hereinafter described cen- ' terl i nee; thence South 88011 '35" East paral lul to and 7.30 feet ° Southerly from (when measured at right angles) the North line of the aforesaid parcel (Fee No. 87061375) 125.00 feet to a point 11. designated "Point A"; thence continuing South 88°11 '35" East 25.00 feet along said centerline to 'he termination thereof; ..; thence from said "Point A" , South 37°27' 13" East along the con- '" terli.ne of said easement 63. 72 feet to the termination thereof. .•x 4. STATE OF OREGON 85 ;;�; County of Washington .• I.Dnnatd W.Mason,Dime of of Assessment and Taxation and Ex-Officio Recewder of Con- veyances for said county, do hereby-certify that the within instrument of writing wa received •,.; and recorded in book M records • of saloounty. ti_: Donsid W. Mason: Oliector of . Araassinerd and Taxation, Ex- "• OtNdo Canty Clerk J •. ■ 1988 NOY 23 A1110: 19 4 of"• SEP-11-98 16:25 FROM:MILSTEAD&ASSOC. 5036542698 T0:503 598 1218 PAGE:001/001 •; WN i . ..... „ir' .,..•n%Yi.".• •nokrou.'EAgEUENT .•BENCH MARK: • ',f,511.t.'•°j. wed( 506 PAGE 347 City. of Tigard Brass Cap ,t, REC, FE9. 17. 1954•C. 4117.2 No.149 found missing. `• Located previous contol • Z points. Weddle Topogrophic a 7 ; • survey 7/08/88, and verified In :- '4 ..' curb elegy. at destroyed bench tO ""' I mark. Set site T.B.M.s as tr +at noted on the reap. •3, �� '' • '!�•'• •° 6•' sorer . I , • • .70 •1:, •.• y .Jp7.9 ? . .31..1• Op411. ASPHALT 7, y. e I .SrRI j • 301.10 7C • .. .313.5 . • ,2 • a 102,1 i •31t1 •1130 70001 , 4.f' . . . .. 3113•T •Kr1 •3103 101.0 0 }}W, •111.1 1 . R 101.410 •700,I Z .. •3031 Olt" .. MIA* I to 2NN.0 37 00.) 1•• 300 •7 z •YJ I,7 2NT- 513.28 ' . ' • U 5 V • 'A • .4 •013 .1b7.1•211112•may 6 enc. ITIt•Ra CRE55, UNDERGROUND IRIUfl'23529291 ,T• . FEE NO. ego-39637 FEE �• 88-5220B I x1432 •�7 Post-It"Fax Note 7671 Date rr( j111•(1Paof .r swiss g T.• To From 'J"6 jaw 3.N. /1/ •z•Rt Ali; T.B.M. ColDept rA, //f TOP S.E. CORNER METAL BASE / iI1 fl LIGHT POLE. 'ELEV. 300.47' Phone# .f . �# , � _ s.,µ. Fax#J J.. y(./2/ Fax 0 0-)or • Inn TG`' *. .1.7.2 • •710 50 S 4. /2.l"aJ • . RIM 292.60 ,N W..OA 2901.• 4 '4■297.11' • f 1,� . ', 494.17 ' • +.: ., •»9,T J • '0 .904,4• e1 �j •�1 .'V �O •1043 • �� F �1. � � .•490.0 N 05i2'DTE • .= 1oa76' . �� a •15' 290 . ��rT.w/' 1 :/ `get. '� f ?79- .11 — • ' ( i_ —_. -- 1. N g� s� 50'32'07"W � $ ` ' ii.,0 �,�/� ••'• {�wlrrRr . ise- uF,Nr ; I , a• % 113.50' g n q,. .r7 • 1 cm N0. 88-52298 �� `, • FEE N6, s9-39837 -1— t• rERLIKES, POLES e a /c ,. 7.5 7.5 P i .■ND ANCHORS ' • 2N? • 4, $ 1 END, 80018184,-1 r ' ; d S 4537'49'2 G/� y F !�/� I ^r 21.15' a • ��i 1� ' N 542t1'AdE • g, 12.53' � . i. • 1 /� / 5 O1'48'51'W. 100.00' 0 „_.-rte_•INGRESS-£GRESSr UNDEIN1 C0 FEE NO, 88-•52298 �n, �. SD YH P` t FEE NO. DP-39657 ' (1( 2 1 O2280.4 .r. • SEP-11-98 13:41 FROM:MI . 5036542698 TO:503 598 1218 PAGE:001/004 '^ . . - ' �� . ' . • • ^ • N. 1. Sag 07...... —. 77" 4'• 4...r j '9. c..- — � / a, �� . ^ - • /, • _ • f f -..~^� • CI 'mv-mr CO �w'wr Co ° so'.' — - �-_ 4;4 r.i. 4,. k • ',Lt 'lit - - . ' . ; -. *R"S' %, -14`- 1,0 ;-• ^. - TtET151,4i/C-iirj Post-it-Fax Note .7671 waspitilamim 1.3.,--:,,,..„:,-,, •:,,,46..P:t..",,..nr. w ... ...i.... 1r:it:* I SEP-11-98 13:42 FROM:MILSTEAD&ASSOC. 5036542698 TO:503 598 1218 PAGE:002/004 • °7 .::.:+ n! .ii-... t . .: SEP-11-98 13:43 FROM:MILSTEAD&ASSOC. 5036542698 TO:503 598 1218 PAGE:003/004 ey EXHIBIT A WESTLAKE , CONSULTANTS ti'c E G:N ERiNG • Si;RVEYTNG i FLANKING Fhcne: 503 6 4-C65Z Fu: 503 E2i-2157 PERS Sewer Easement Project No_: 560-14-96 April 11, 1997 PROPERTY DESCRIPTION A tract of land situate in the southeast 114 of Section 36,T. 1S.,R. 1W., Willamette Meridian,Washington County,Oregon,also being a portion cf Parcel 2 as shown on Document dumber 89-039637,retarded August 25, 1989, Washington County Deed Records, being a 15-foot yip of land lying 7.50 feet either side of the centerline being more particularly described as follows: Commencing at most westerly northwest tamer of said Parcel 2,being a point on the easterly right of way line of S.W. 68th Parkway; thence,along the northwesterly line of said Parcel 2,North 50°32'07"East, 93.50 feet,; thence North 37°27'15"w cat 25.01 feet to the end of an e stng Sanitary Lit POINT Easement recorded in Document Number 89-039637,being the BEGIN 1 G; thence South 37°27'15"East,79.52 feet to the end of this centerline description. Containing an area of 1,193 square feet,more or less. REGISTER= 3EW: 4/11/97 PROFESSIONAL. SURV'EYCR 4:/a.'rrbd1 6C1 d'sy'maY pe.6E114Acc/jk V 6A,—.... OREGON a1S1,Y 241890 GARY R.ANDERSON 3434 hi S.W.S aoa Park Suite 150,Tigard,Oregoa 511 224 Pli � Pie Corporate Center, 351 � ay,S SEP-11-98 13:43 FROM:MILSTEAD&ASSOC. 5036542698 TO:503 598 1218 PAGE:004/004 1 to • r— EXHIBIT A ( i . ) 1 PARCEL 1 "KEY P1: _'_` / C7 \ l' i r,G• 5 O f t'i R C E L 2- ' PE S 6 6. = 34`37155" PAI \ CEL" R = 359.50' L = 217.30' C = 214.00' P.E.R.S. CS = 515'29'21"`W 54314'23'C 56014EX.OWG as 27.52' SCALE 1' = sc' g 4-07-97 Ix 0446'4537'E a i ✓ 13.95' A R = 773Z5'd0" 10.t7' 1 L = 175.90' C . 162.82' L = 32'C9'2o" CS = 504'31'33'E R = 359.50' L = 201.76 �I43'14'23'W C = 199.12'- '— 1$.45' C8 = 917-54'17—W A = 80'08'48. R = 56.17' / A L = 78.57' = 02i8'01r C =72.32' R = 256.48' rs,r CS = 58318'48"E L = 11.C4'C = 11.04' 'C3 = 532'49'25" 2`i' ,. f / A = 1578'40' A = 123'35'08^ ��.._ R = 209.15' R = 48.95' S87'55'07"1N N87'48'53'w L = 55.59 L = 101.27' 46.37' 43.25' C = 55.72' C = 82.75' C8 • 55816'23'W C3 = 30'17'19"E 8 W HANE5 9Tm't A — 0416'02" R = 258.73' = 20C1' Q 4-3--97 C = 20,01' ��IT ifi W ESTL.4KE CS NSW56'53"w JEW cor�sUl.TA °4t4° 3'GRA KstLYEZIWG • SURVET IC • Praia c a nsaa pr c o V. 3j t srrs 6 �, sais Isc fK �'yi� � NC. 5FC-14 zEJ tszz rzt4 ..:___________ii ent System\� : Public employees Retirement.______ . � i. 'z� re on Headquarters: John A.Knzhaber,M.D.,Governor 11410 S.W.68th Parkway \ Tigard,OR Mailing Address: September 23, 1998 P.O.Box 23700 Tigard,OR 97281-3700 (503)598-7377 TTY(503)603-7766 Brian Rager Engineering Department 13125 SW Hall Boulevard Tigard, Oregon 97223-8144 Dear Mr. Rager: ,,c�,, a►.,"- Attached are tb.reed originals of a document granting a permanent storm sewer easement to the city of Tigard on the PERS property. This document was submitted to the city in draft form by Milstead & Associates on July 31, 1997. On August 26, 1997, you responded to Milstead with a letter stating the language of the document was acceptable to the city. A copy of your letter is also attached. I'm not sure why we delayed completing this easement but it probably had to do with the more difficult issues of the sanitary storm sewer easement. We appreciate your help in this matter and await your review of the easement document. 1 Sincerely, jjt ‘- —J. ,,,,e" David Bailey Deputy Director pE r nrfi.n � ,,,:%,:,,:,, Celebrating 50 years of service to Oregon's public employees&employers 5.1.•m •40/23/98 12:51 $503 598 1218 OREGON PERS 1j001 r` ,. t regon Public Employees Retirement System ,w. :. �+ r i Headquarters: rm` 41 11410 S.W.68th Parkway 14, John A.Kitzhaber,M.D.,Governor Tigard,OR Mailing Address: P.O.Box 23700 Tigard,OR 97281-3700 09/23/98 (503)598-7377 TTY(503)603-7766 FAX Transmittal Sheet TO: Brian Rager Engineering Department City of Tigard FAX: 684-7297 FROM: David Bailey, Deputy Director Public Employees Retirement System PO Box 23700 Tigard,Oregon 97281-3700 Phone (503) 603-7575 FAX (503) 598-1218 SUBJECT: Missing letter copy PAGES (including this cover sheet): 2 MESSAGE: Brian: The letter that accompanies this FAX was left out of the envelope with the storm sewer easements I delivered to your office today. Sorry about that. Thanks, Dfs .6 Rs4,: _Celebrating 50 years of service to Oregon's public employees&employers 1 'M/23/98 12:51 T2503 598 1218 OREGON PERS '002 CITY OF TIGARD August 26, 1997 OREGON Mr.Peter Daniels Mi'stead&Associates,Inc. 10121 SE Stmayside Road, Suite 335 C1acicamas,OR 97015 VIA FAX: 654-2698 RE: PERS PROJECT PUBLIC SANITARY AND STORM SEWER EASEMENT AGREEMENTS Dear Mr.Daniels: I have reviewed the agreement revisions that were faxed to this office on July 31, 1997,and have determined that they are acceptable. The requested changes from our City Attorney's office were adequately addressed. You may now have these documents formally assembled with the proper exhibits,signatures and notaries and sent back to me for recording. Thank you for your attention in this mattes. Sincerely. Brian D. Raga,PE Development Review Engineer 1briann0826pers,ltr 13125 SW Hon Bbd„ Tigard, OR 97223(503)639-4171 TDD(503)684-2772 RE: EASEMENTS BACKGROUND CORRESPONDENCE FROM ENGINEERING DEPARTMENT End of background information regarding Easements