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SDR1996-00001 SDR96 - 00001 WINDWOOD HOMES REAL ESTATE OFFICE CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW (SDR) 96-0001 WINDWOOD HOMES REAL ESTATE OFFICE I. APPLICATION SUMMARY CASE: FILE NAME: WINDWOOD HOMES REAL ESTATE OFFICE Site Development Review SDR 96-0001 PROPOSAL: The applicant requests Site Development Review approval to allow the development of a 7,230 square foot professional office. APPLICANT: Windwood Homes 14076 SW Benchview Terrace Tigard, OR 97224 OWNER: Heather Adams 610 Glatt Circle Woodburn, OR 97071 ZONING DESIGNATION: Professional Commercial (C-P). The Professional Commercial zone permits the provision of a wide range of professional services such as a real estate office. LOCATION: 12655 SW North Dakota.(WCTM 1S1 34BC. Tax Lot 700). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.1 -2, 18.106, 18.108, 18.114, 18,116, 18.120 and 18.164. II. DECISION Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 1 Conditions of Approval PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: NOTE: Unless otherwise noted, the Staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1. The plans shall be revised to reflect that no new driveways are to be constructed from this site onto SW North Dakota Street. 2. 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. 3. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system. STAFF CONTACT: David Scott, Building Division. 4. The applicant shall provide connection of proposed building to the public sanitary sewer system. A connection permit is required to connect to the existing public sanitary sewer system. STAFF CONTACT: David Scott, Building Division. 5. The applicant shall obtain a street opening permit from the City. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. After preliminary review, seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted 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. STAFF CONTACT: John Hagman, Engineering Department. 6. 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 street opening permit has been executed. A 100 percent performance assurance or letter of commitment, and the payment of a permit fee is required. STAFF CONTACT: John Hagman, Engineering Department. 7. The applicant shall submit final plans and calculations for an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. 8. Revised site/landscape plans and permits shall be submitted for review and approval. Staff Contact: Mark Roberts, Planning Division The revisions shall address the following: a. Provide a copy of the site plan for review and approval by the authorized franchised waste hauler. NOTICE OF DECISION SDR 96-0001-WINDWOOD HOMES REAL ESTATE OFFICE PAGE 2 b. The applic shall provide precise calculatic of the landscape to impervious surface ratio and shall revise the plan if necessary to comply with this standard. c. The proposed street trees shall match the existing trees which had previously been planted on adjoining sites. The spacing of these trees must comply with the City's standards which are based on the tree's height at maturity. d. The applicant shall indicate the species of liquidambar to be planted as parking lot trees. These trees shall be spaced to comply with both the parking lot tree ratio and street tree spacing requirements. The trees along the private street shall also serve as parking lot shade trees due to the site constraints with planting additional trees to serve each purpose. e. The applicant shall provide wheel stops within the parking lot or relocate the proposed shrubs to be located a minimum of five feet from the edge of the parking spaces so that parked vehicles will not damage the proposed shrubs. f. The applicant shall revise the plan so that the walkway plan does not require pedestrians to cross a distance of more than 36 feet. The applicant is encouraged to move the structure towards SW North Dakota and provide a direct pedestrian walkway into the building. g. The applicant shall either provide a written waiver from the affected adjoining property owners and record an amendment to the recorded plat, or construct a sidewalk along the private driveway in a manner which conforms with the requirements of the private easement. h. All site improvements shall be installed and maintained pursuant to the revised site and landscape plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 3 • III. BACKGROUNC =ORMATION Property History: This site has been zoned Commercial Professional since the City's Comprehensive Plan was adopted in 1983. The City has no record of other development applications having been filed for these properties. Vicinity Information: The site is located along the east side of SW North Dakota and has direct access to an existing driveway from SW North Dakota which provides access to adjoining existing commercial uses. The property to the north is developed with a medical office building. The property to the east is developed with other commercial uses. Areas to the west of the site are developed with commercial uses. The property immediately to the south is developed with an apartment complex. Site Information and Proposal Description: The site is presently vacant. The site is nearly level and does not contain existing vegetation, significant landforms or other features. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The subject property is zoned Commercial Professional (C-P). The applicant is proposing to develop the site with a Professional Office building which is the primary permitted use of this zoning district. Section 18.42 (Use Classifications) defines the professional office use and allows this type of use in the C-P Zoning District. Minimum Lot Area: Section 18.64 the Commercial Professional Zoning District states that there is a minimum lot area requirement of 6,000 square feet. The average parcel width required within the Commercial Professional Zoning District is 50 feet. The site is approximately .80 acres or 35,261 square feet which exceeds the minimum lot size requirement. The average width of the lot is approximately 171 feet which exceeds the average lot width standard. Setback and Height: Section 18.64.050 does not require front, side or rear yard setbacks for development within the Commercial Professional Zoning District, except that clear vision areas and parking lot screening requirements must be met. The structure complies with the setback requirements as reviewed elsewhere within this report. The maximum building height is 45 feet in the Commercial Professional Zoning District for habitable structures. The height of the buildings main roof line is approximately 17 feet in compliance with the maximum height standard. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 4 Landscaping Plan: Se n 18.100 requires that the appli z submit a landscape plan which provides landscaping for a minimum of 15% of the site. The C-P zone allows a maximum of 85% of the site to be covered with buildings and impervious surfaces. The applicant has submitted a plan indicating the type and location of landscaping to be provided. This plan appears to propose a landscape ratio in excess of the 15% minimum requirement, however no precise calculation was provided. The applicant shall provide precise calculations of the landscape to impervious surface ratio and shall revise the plan if necessary to comply with this standard. Street Trees: Section 18.100.035 states that all development projects fronting on a public street shall be required to plant street trees. This applicant has provided five (5) street trees at 29 feet on center spacing which are to either match the existing tree species, or to be a species as recommended by staff. The applicant shall match the existing trees, where appropriate, which had previously been planted on adjoining sites. The spacing of these trees shall comply with the City's standards which are based on the tree species height at maturity. The site's private street frontage also exceeds 100 feet in length and is therefore also required to provide street trees. The applicant shall indicate the species of liquidambar to be planted as parking lot trees and that these trees be spaced to comply with both the parking lot tree ratio and street tree spacing requirements such that the trees along the private street also serve as parking lot shade trees due to the site constraints with planting additional trees to serve each purpose. 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. The landscape plan, as proposed, appears to partially screen the parking lot from view. Because the parking lot in part has a depth of 192 feet from SW North Dakota, the applicant shall provide details concerning the height of the proposed five (5) gallon "Otto Luyken" shrubs at maturity, or a cross section detail with a landscape berm and shrub combination, or relocate the proposed building and site improvements to effectively screen the parking lot and provide improved pedestrian access to the site. The Development Code also requires that 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 preliminary site plan provides planting details concerning the location of the proposed trees which are to provide shade for the proposed 47 parking spaces. A total of eight (8) parking lot trees have been provided which exceeds the minimum ratio of one (1) tree for each seven (7) parking spaces. Landscape islands require a minimum of three (3) feet of width. Landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The applicant has provided landscape islands which vary between three (3) and 18 feet in width. The applicant shall revise the plan to provide wheel stops or the location of the proposed shrubs shall be a minimum of five (5) feet from the edge of the parking spaces so that cars parked in these spaces will not damage these plantings. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 5 Buffer Matrix: Sect 18.100.130 contains the buff( natrix to be used in calculating widths of suffering and screening to be installed between different types of land uses. A land use buffer is required where a commercial use directly adjoins a residential use. The proposed commercial structure would directly adjoin the access driveway to the existing apartment complex. Because the proposed structure does not directly adjoin the existing dwelling units the buffer standard is found to be inapplicable. This site does not adjoin any other residential uses which require land use buffering. Visual Clearance Areas: Section 18.102 requires that a clear vision area 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, temporary, or permanent obstruction exceeding three feet in height. The code provides that obstructions which 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 from the corner of two intersecting street right-of-ways. The clear vision rule also includes triangular areas on either side of proposed driveway(s). For driveways in excess of 24 feet in width, such as those proposed to serve this site, the clear vision area is measured a 30 foot distance back from the driveway and 30 feet along the adjoining street right-of-way and then connecting these two (2) points. The site improvements, as proposed, appear to comply with these requirements at the intersection of the proposed driveway and the existing private driveway. Minimum Off-Street Parking: Section 18.106 requires a minimum of one (1) off- street parking space for each 350 square feet. The applicant has proposed to develop 7,230 square feet of gross floor area and provide a total of 47 parking spaces which exceeds the minimum required number of 21 parking spaces. The Americans with Disabilities Act (ADA): Revised regulations became effective on January 26, 1992. A minimum of one (1) disabled parking space is required if up to 25 parking spaces are required. The proposed site plan provides two (2) disabled parking spaces near the buildings main entrance which complies with the minimum number of spaces required for the total number of required parking spaces. Bicycle Parking: Section 18.106 requires one (1) bicycle parking rack for each 15 required parking spaces in any commercial development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian pathways. The current site plan provides a bicycle rack for three (3) bicycle parking spaces in compliance with this standard. Access: Section 18.108 requires that where up to 99 parking spaces are required, that one (1) access point with a minimum width of 24 feet of paved width and 30 feet of total width be constructed. The preliminary site plan proposes to use of the existing private street which currently has direct access to SW North Dakota. The applicant has also proposed a second new driveway to SW North Dakota. The proposed new driveway shall be eliminated from the plan due to the potential for turning movement conflicts. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 6 Because the shopping center has a second point of access to SW Scholls Ferry Road, the overall shopping center and the proposed new use will not exceed the minimum access point to parking spaces ratio required of new development. The access point which is proposed to the existing private street is 24 feet in paved width which satisfies the access design standards. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of all new structures to the street which provides the required ingress and egress. The sidewalk shall be designed to minimize the distance in which pedestrians must cross vehicle access driveways or parking lots. Such crossings shall be designed and located for pedestrian safety and to minimize conflicts. Required walkways shall be physically separated from motor vehicle traffic and parking by either a six (6) inch minimum curbed vertical separation or a minimum three (3) foot horizontal separation. Pedestrian walkways which cross traffic aisles are permitted for distances no greater than 36 feet where appropriate pavement markings, or contrasting pavement materials are used. Walkways shall also be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts. The site plan, as proposed, provides a walkway which provides a direct pedestrian sidewalk linkage from SW North Dakota to the main building entrance. This walkway requires pedestrians to cross an unobstructed distance of 54 feet. The applicant shall revise the plan so that the walkway plan does not require pedestrians to cross a distance of more than 36 feet. The applicant is encouraged to move the proposed office towards SW North Dakota and provide a direct pedestrian walkway into the building. Information which was filed with this application indicates that a private easement for a sidewalk was included with the plat map that created this development lot as a legal lot. The sidewalk easement was placed along the site's frontage on the private drive which will provide access to the development. The existing medical office building and Oil Can Henry's have constructed sidewalks along the frontages of their parcels. The applicant shall either provide a written waiver from the affected adjoining property owners and record an amendment to the recorded plat or construct a sidewalk along the private driveway in a manner which conforms with the requirements of the easement. Signs: Section 18.114 lists the type of allowable signs and sign area permitted in the C-P zone. All signage shall be reviewed through the sign permit process as administered by the Development Services Technicians. Mixed Solid Waste and Recyclable Storage: Section 18.116 requires that new construction incorporate functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclable prior to pick-up and removal by the franchised haulers. The site plan proposes a trash and recycling enclosure. The proposed trash enclosure does not provide a clear area to allow a service vehicle to access the facility. The applicant shall contact the franchised hauler and have the enclosure design reviewed and approved in terms of location and size to ensure ease of site servicing. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 7 V. OTHER STAF. DMMENTS The Engineering Department has reviewed this application and provided the following findings: Streets: This site lies adjacent to SW North Dakota Street which is classified as a minor collector street and is fully improved adjacent to this site. There is 35 feet of right-of-way (ROW) east of centerline, which is adequate for the minor collector street standard. No further ROW dedications of street improvements are required. Section 18.108.110 of the Development Code states that in order to provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways to placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions. The proposed driveway onto North Dakota Street poses a potential turning movement conflict and has the potential of increasing the congestion on the roadway. There is an existing driveway on the west side of North Dakota located north of the proposed driveway. This offset condition will result in conflicting left turn movements, which is a safety hazard. When development began on the properties west of North Dakota, a joint ingress and egress easement was established that provides a 30 foot wide paved driveway to serve all parcels. This access currently functions very well and can adequately serve the proposed project. The applicant's narrative suggests the additional driveway onto North Dakota will enhance emergency vehicle access; to date, the City has not received comments from Tualatin Valley Fire and Rescue (TVF&R) that suggest the additional driveway is required. Therefore, Staff recommends that no additional driveways be permitted from this site onto North Dakota Street and that access be taken from the existing joint use driveway adjacent to the north property line. Sanitary Sewer: The applicant's plan indicates that sanitary sewer service will be obtained from the existing eight-inch public sanitary sewer line adjacent to SW North Dakota Street. A street opening permit is required for this work. Storm Drainage: Storm water from this site will be directed to the south into an on-site water quality facility. The storm water will then be discharged into the existing 12-inch public storm drainage line in SW Dakota Street. The plans suggest an open cut in Dakota Street in order to reach the main line, staff recommends the applicant attempt to tie the on-site storm lines into the back of an existing catch basin in the street located near the southwest corner of the site. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 8 The City has agreed enforce Surface Water Manag€ nt (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. The applicant's plan indicates a water quality facility will be constructed adjacent to the southern edge of the site. Preliminary calculations were submitted that suggest the proposed pond will adequately serve the site. However, the geometry of the pond raises several concerns. The plan shows a retaining wall around the entire pond, the bottom of which will be five feet below the top of the wall. The actual treatment depth of the pond will only be approximately one foot. The plan does not indicate how such a pond could be maintained. There would be at least a four foot drop from the top of the wall to the side slope of the pond, which would create a challenge when moving mowing equipment and may pose an overall safety hazard. Staff recommends the applicant look at an alternate design for the water quality facility for this site. Prior to issuance of a building permit, the applicant shall submit final 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. VI. AGENCY COMMENTS The Unified Sewerage Agency reviewed this proposal and stated that the applicant appeared to have acknowledged all of the R & 0 91-47/91-75 requirements except erosion control. The erosion control requirements should be addressed prior to issuance of site permits for the development. The City of Beaverton reviewed this request and had no objections to the proposal as submitted. No other comments have been received. VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 9 Final Decision: THE DECISION SHALL BE FINAL ON MARCH 18, 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 which 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 at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. on March 18, 1996. Questions: If you have questions, please call the City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. 3/7/96 PREPARED BY: Mark Roberts DATE Associate Planner �---- 3/7/96 APPROVED BY Richard Bewersi DATE Senior Planner NOTICE OF DECISION SDR 96-0001-WINDWOOD HOMES REAL ESTATE OFFICE PAGE 10 li. PRIVATE INGRESS/EGRESS I— -- --4- —i— , — -4-t '4; - . ---- -'I ''r . . ; t 1 _ .-1- : , Gi ; ; . . . f 0 - ..:: eIa, ..1 1 i i Q , 1 ,N CL - z i - / -Y- LL! -YriT ZJ :; T I (n , Y O I I' 4 . i , I N ` �T f4 __, s T�, 1 - PROPOSED . J p ,` - .s. >z f 7,230 SQUARE FOOT Q. OFFICE BUILDING . I +~' (P - \ / j} \ 1 t 9:111: • 70�-:.- 1 PRIVATE DRIVEWAY 0 nt FMMI U PLOT PLAN CASE NO. EXHIBIT MAP SDR96-0001 ROYAL OAKS DEVELOPMENT WINDWOOD HOMES REAL ESTATE OFFICE IN INNI 4,,.., ut, „.5„ • 69 IN _________ e€0 , III I a al. so-o-v-s __ __________________________________ co go _______ . 1 d 0_ Ala . W iweT 0) . � 1 SOD _ � �, 4111 . «------5 BJECT PARCEL 1I V111 111 4 - d RI DF a_ ♦ , em m c5 T 0m , \ . 0) 41Ir Z 1 � I 1111 .. ., i Li--�. ' SV PNTON ■ o min —iwigvuerfh,L, 1 - - >, Apo*rite DAKOTA �•∎ \F— m(m) F— ST I . �I I i 1l r , . ".._ Vicinity Map A SDR 96-0001 Note: Map is not to scale Vv1I DWOOD REAL EST. OFFICE N REQUEST FOR COMMENTS RECEIVED PLANNING PT1N V'44 , MAR 0 1 1996 On TUALATIN VALLEY FIRE & RESCUE AND BEAVERTON FIRE DEPARTMENT U �,i4 1 GJ) 4755 S.W. Griffith Drive• P.O. Box 4755 • Beaverton, OR 97076 • (503) 526-2469• FAX 526-2538 RES February 28, 1996 Mark Roberts City of Tigard Planning Department 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re; Windwood Homes Real Estate Office 12655 S.W.North Dakota SDR 96-0001 File Number: 599-96 Dear Mark: This is a Fire and Life Safety Plan Review and is based on the 1991 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. This plan review shall become a part of the approved plans and attached thereto. Plans are approved. Fire apparatus and fire hydrant requirements have been met. If you have questions or need additional information,please contact me at 526-2469 referring to the above noted file number. Sincerely, Jerry L. Renfro, DFM Plans Examiner JLR:kw "Working"Smoke Detectors Save Lives MEMORANDUM CITY OF TIGARD, OREGON DATE: February 22, 1996 TO: Mark Roberts FROM: Brian Rager RE: SDR 96-0001 WINDWOOD HOMES REAL ESTATE OFFICE Description: The applicant is requesting Site Development Review approval to construct a 7,230 square foot(sf)office building at 12655 SW North Dakota Street, also described as Tax Lot 700 (Map 1S1 34BC). The site lies east of and adjacent to SW North Dakota Street, south of SW Scholls Ferry Road and west of SW 121st Avenue. Findings: 1. Streets: This site lies adjacent to SW North Dakota Street which is classified as a minor collector street and is fully improved adjacent to this site. There is 35 feet of right-of-way(ROW)east of centerline,which is adequate for the minor collector street standard. No further ROW dedications of street improvements are required. Section 18.108.110 of the Development Code states that in order to provide for increased traffic movement on congested streets and to eliminate turning movement problems,the Director may restrict the location of driveways on streets and require the location of driveways to placed on adjacent streets,upon the finding that the proposed access would cause or increase existing hazardous traffic conditions. The proposed driveway onto North Dakota Street poses a potential turning movement conflict and has the potential of increasing the congestion on the roadway. There is an existing driveway on the west side of North Dakota located north of the proposed driveway. This offset condition will result in conflicting left turn movements,which is a safety hazard. When development began on the properties west of North Dakota, a joint ingress and egress easement was established that provides a 30 foot wide paved driveway to serve all parcels. This access currently functions very well and can adequately serve the proposed project. The applicant's narrative suggests the additional driveway onto North Dakota will enhance emergency vehicle access;to date,the City has not received comments from Tualatin Valley Fire and Rescue(TVF&R)that suggest the ENGINEERING COMMENTS SDR 96-01 WINDWOOD HOMES PAGE 1 additional driveway is required. Therefore, Staff recommends that no additional driveways be permitted from this site onto North Dakota Street and that access be taken from the existing joint use driveway adjacent to the north property line. 2. Sanitary Sewer: The applicant's plan indicates that sanitary sewer service will be obtained from the existing 8-inch public sanitary sewer line adjacent to SW North Dakota Street. A street opening permit is required for this work. 3. Storm Drainage: Storm water from this site will be directed to the south into an on-site water quality facility. The storm water will then be discharged into the existing 12-inch public storm drainage line in SW Dakota Street. The plans suggest an open cut in Dakota Street in order to reach the main line; Staff recommends the applicant attempt to tie the on-site storm lines into the back of an existing catch basin in the street located near the southwest corner of the site. 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. The applicant's plan indicates a water quality facility will be constructed adjacent to the southern edge of the site. Preliminary calculations were submitted that suggest the proposed pond will adequately serve the site. However,the geometry of the pond raises several concerns. The plan shows a retaining wall around the entire pond,the bottom of which will be 5 feet below the top of the wall. The actual treatment depth of the pond will only be approximately 1 foot. The plan does not indicate how such a pond could be maintained. There would be at least a four foot drop from the top of the wall to the side slope of the pond, which would create a challenge when moving mowing equipment and may pose an overall safety hazard. Staff recommends the applicant look at an alternate design for the water quality facility for this site. Prior to issuance of a building permit,the applicant shall submit final 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. ENGINEERING COMMENTS SDR 96-01 WINDWOOD HOMES PAGE 2 Recommendations: ALL 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. The construction drawings shall indicate that there will be no new driveways constructed from this site onto SW North Dakota Street. 2. 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. 3. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system. STAFF CONTACT: David Scott,Building Division (639-4171). 4. The applicant shall provide connection of proposed buildings to the public sanitary sewerage system. A connection permit is required to connect to the existing public sanitary sewer system. STAFF CONTACT: David Scott,Building Division(639- 4171). 5. The applicant shall obtain a street opening permit from the City. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. After preliminary review, seven(7) sets of approved drawings and one (1) itemized construction cost estimate,all prepared by a Professional Engineer, shall be submitted for fmal 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. STAFF CONTACT: John Hagman,Engineering Department(639-4171). 6. 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 street opening permit has been executed. A 100 percent performance assurance or letter of commitment and the payment of a permit fee is required. STAFF CONTACT: John Hagman, Engineering Department(639-4171). 7. The applicant shall submit final plans and calculations for an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. ENGINEERING COMMENTS SDR 96-01 WINDWOOD HOMES PAGE 3 • • 11, • 8. A grading plan shall be submitted showing the existing and proposed contours. A soils report shall be provided detailing the soil compaction requirements in accordance with Chapter 70 of the UBC. STAFF CONTACT: David Scott, Building Official (639-4171). IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST: SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. • APPROVED N,(/AA 11111 ary • , on, A- g City Engineer i:\eng\brianr\sdr 96-01.bdr ENGINEERING COMMENTS SDR 96-01 WINDWOOD HOMES PAGE 4 VIA g 1REdIVED PLANNING,,,, , f FB 0 1 i9OhTY OF TIGARD REQUEST FOR COMMENTS DATE: January 24, 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) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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 - February 5, 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. r Written comments provided below: ha I f 1" 2 ,1 f we, /// 7-/ v A r 17,,z9 11 4:5" < (cPlease provide the foil-awing information) Name of Person(s) Commenting: Phone Number(s): SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS RECEIVED PLANNIf A O 2919q I CITY OF TIGARD REQUEST FOR COMMENTS DATE: January 24, 1996 TO: Lee Walker, Unified Sewerage Agency/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) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE • Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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 - February 5, 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 Bo - . d, 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. �cor Please refer to the enclosed letter. (� l� Written comments provided below: a, ItU" 4 A 94_14-s -to 1I.Art acbti0ki44ACJot41 jtLt 2 ; D q1-41I 81.75 P � � P re,wuoVt4 CP c vo st,& i teNN-t4.04 . g - C.• s kv w/11 6,4 4i to si Ol44w+1.0. " p.4**-Ni P&ase provide tfiefof fowinginformation) Name of Person(s) Commenting: L 14/4 y Phone Number(s): (o.i g SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS ? k-A.. c._ It\- )( —C. tJg ` f�i I CITY OF TIGARD REQUEST FOR COMMENTS u4 CITY OF F. DATE: January 24, 1996 UAN251J TO: Larry Conrad, City of Beaverton Senior Planner COMMUNITY LA 'wolf FROM: City of Tigard Planning Department STAFF CONTACT: Mark Roberts (x317) Phone: (503)639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE Q Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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 - February 5, 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: e QQ * S , ?av■ y (-30 aka, 5' 3\k C.� W v Li '., \\ t` rte-' cz vw tut o fen B Q'k V-Qrr t n 4 bl (2lease provide the fo1owinginformation) Name of Person(s) Commenting: _ -?_.,,,,_ ■rk.", k,e, /1A/Co Krzci Phone Number(s): c2 ( Z(1 Z 1 SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS ,(j RECEIVED PLANNING _au, Alit MN 2 1996 CITY OF TIGARD REQUEST FOR COMMENTS DATE: January 24, 1996 TO: Kelley Jennings, Tigard Police Department 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) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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 - February 5, 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 kWe 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: (lPkase provide the foaming information) Name of Person(s) Commenting• ry - Phone Number(s): 1 D Do SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS l CITY OF TIGARD REQUEST FOR COMMENTS DATE: January 23, 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) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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 - February 5. 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: (2leaseprovide thefoflowing information) Name of Person(s) Commenting: Phone Number(s): SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAUREOUEST FOR COMMENTS S� Q (lb - o(1-0 I REQUEST FOR COMMENTS i NOTIFICATION LIST FOR LAND USE&DEVELOPMENT APPLICATIONS CITIXENINVOLVEMENT TEAMS (circle one} _CIT Area: (W) (S) (E) (_C) ID Placed for review in Library CIT Book al I CRE DEPARTMENTS BLDG.DEPT./David Scott,ekraro olaod ✓ CE DEPT./Kelley Jennings.C.,,.ne.ene o orr.. �_OPERATIONS/John Acker,Mont spew. _CITY ADMIN./Cathy Wheatley.car Recodo /ENG.DEPT./Brian Roger,o...�...1 Q.,.�Eno.. _COM.DEV.DEPT./DS.T:S ADV.MNG./Nadine Smith, rd.,l,p s.�.� II WATER DEPT./Michael Miller.op..o muJoy..ft•ma e� SPEIQAEtitim ICTS `'FIRE MARSHALL .- UNIFIED SEWERAGE AGENCY _TUALATIN VALLEY WATER DIST. Gene Birchell SWM Program/Lee Walker PO Box 745 Wa.County Fre District 155 N.Fist Street Beaverton,OR 97075 (plek-up box) Hillsboro,OR 97124 I AFFECTED JURISDICTIONS WA.CO.DEPT.OF LAND USE i TRANSP. _METRO AREA BOUNDARY COMMISSION _METRO-GREENSPACES 150 N.First Avenue 800 NE Oregon St.tf 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 _im Tice(IGA S) Sam Hunaidi _000T/REGION 1 Ni —Mile Borreson(Engineer) PO Box 25412 Laurie cholson/Trons.Planning 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 OECD(CPA's/ZOA's) 1175 Court Street.N.E _ODOT/REGION 1.DISTRICT 2-A 1. CITY OF BEAVERTON Salem,OR 97310-0590 Bob Schmidt/Engineering Coord. Larry Conrad,Senior Planner 2131 SW Schols/PO Box 25412 ■ PO Box 4755 _CITY OF PORTLAND Portland.OR 97225 Beaverton,OR 97076 • Planning Diector II 1120 SW 5th _OTHER _CITY Of KING CITY Portland,OR 97204 City Manoger _CITY OF LAKE OSWEGO ■ 15300 SW 116th _CITY OF DURHAM City Manager King City.OR 97224 City Manager PO Box 369 PO Box 23483 Lake Oswego.OR 97034 I _CITY OF TUALATIN Tigard OR 97281-3483 { PO Box 369 i Tualatin,OR 97062 ISPECIAL AGENCIES _GENERAL TELEPHONE ElECT1t1C _PORTLAND GENERAL ELECTRIC _COLUMBIA CABLE CO. Bailee Self.Engineering Brian Moore Craig Eyestone PO Box 23416 14655 SW Old Schols Ferry Rd. 14200 SW&igodoon Court Tigard OR 972813416 Beaverton OR 97007 �eaverton.OR 97005 _NW NATURAL GAS CO. rw..pei rn a«r _METRO AREA COMMUNICATIONS _TRI-MET TRANSIT DEVELOPMENT Scott Palmer ra€ 721.1102 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,PIS-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 ISTATE S I'ED)HRAL AGENCIES I_AERONAUTICS DIVISION(ODOT) DIVISION OF STATE LANDS _US POSTAL SERVICE COMMERCE DEPT.-M.H.PARK _FISH t WILDLIFE Randy Hammock.Growth Cord. _PUC _DOGAMI Cedar Mill Station _DEPT.OF ENVIRONMENTAL QUALITY Portland,OR 97229-9998 i i _OTHER _U.S.ARMY CORPS.OF ENGINEERS MAILING RECORDS Alik .414-Ae� .4 11 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,x applicable) (check appropnate box below) (Enter Public Hearing Date above) City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council u That I served NOTICE OF (AMENDED ❑) DECISION FOR: (Check box above,H applicable) City of Tigard Planning Director ❑ That I served NOTICE OF (AMENDED ❑) FINAL ORDER FOR: (Check box above,rf applicable) {check appropnate box below) L_ City of Tigard Planning Director n Tigard Planning Commission C Tigard Hearings Officer O 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 i attached, marked Exhibit "A", was mailed to each -• pers. (s) at the address(s) shown on the attached lis (s), marked Exhibit "B" o the A _ •- of each -AWL, CI 199 , , and deposited in the Uni •-d States Mail on the ,jaffia, :ay of / I,.? j 199 ( stage prepaid W prepared Notice ''� J • ., CZ. I Subscribed and sworn/affirmed before me on the / day of . aIa , 19 fa�� ?i !' " DIANa NOTAR COMM �—� ■ 14L 'AY COMMISSION EXPIRES SEPTEMBER 07.1999 NOTARY PUBLIC • p OREG My Commission sires: ly FILE INFO :� NAME(S) i/i ,1idg[�Y� .-EK�f E , 1 ��/3 CASE NO(S) so,` 96,Av / TYPE OF NOTICE&DATE: EXHWJT A CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW (SDR) 96-0001 WINDWOOD HOMES REAL ESTATE OFFICE I. APPLICATION SUMMARY CASE: FILE NAME: WINDWOOD HOMES REAL ESTATE OFFICE Site Development Review SDR 96-0001 PROPOSAL: The applicant requests Site Development Review approval to allow the development of a 7,230 square foot professional office. APPLICANT: Windwood Homes 14076 SW Benchview Terrace Tigard, OR 97224 OWNER: Heather Adams 610 Glatt Circle Woodburn, OR 97071 ZONING DESIGNATION: Professional Commercial (C-P). The Professional Commercial zone permits the provision of a wide range of professional services such as a real estate office. LOCATION: 12655 SW North Dakota (WCTM 1S1 34BC, Tax Lot 700). APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18,116, 18.120 and 18.164. II. DECISION Notice is hereby given that the Planning Director for the City of Tigard has APPROVED the above request subject to certain conditions. The findings and conclusions on which the decision is based are noted in Section II. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 1 Conditions of Approval PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED: NOTE: Unless otherwise noted, the Staff contact for the following conditions will be Brian Rager, Engineering Department (639-4171). 1. The plans shall be revised to reflect that no new driveways are to be constructed from this site onto SW North Dakota Street. 2. 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 pail of, all applicable parcel deeds. The agreement shall be approved by the Engineering Department prior to recording. 3. The applicant shall provide for roof and pavement rain drainage to the public stormwater drainage system. STAFF CONTACT: David Scott, Building Division. 4. The applicant shall provide connection of proposed building to the public sanitary sewer system. A connection permit is required to connect to the existing public sanitary sewer system. STAFF CONTACT: David Scott, Building Division. 5. The applicant shall obtain a street opening permit from the City. Two (2) sets of detailed public improvement plans and profile construction drawings shall be submitted for preliminary review to the Engineering Department. After preliminary review, seven (7) sets of approved drawings and one (1) itemized construction cost estimate, all prepared by a Professional Engineer, shall be submitted 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. STAFF CONTACT: John Hagman, Engineering Department. 6. 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 street opening permit has been executed. A 100 percent performance assurance or letter of commitment, and the payment of a permit fee is required. STAFF CONTACT: John Hagman, Engineering Department. 7. The applicant shall submit final plans and calculations for an on-site water quality facility as required by Unified Sewerage Agency Resolution and Order No. 91-47. 8. Revised site/landscape plans and permits shall be submitted for review and approval. Staff Contact: Mark Roberts, Planning Division The revisions shall address the following: a. Provide a copy of the site plan for review and approval by the authorized franchised waste hauler. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 2 b. The applicant shall provide precise calculations of the landscape to impervious surface ratio and shall revise the plan if necessary to comply with this standard. c. The proposed street trees shall match the existing trees which had previously been planted on adjoining sites. The spacing of these trees must comply with the City's standards which are based on the tree's height at maturity. d. The applicant shall indicate the species of liquidambar to be planted as parking lot trees. These trees shall be spaced to comply with both the parking lot tree ratio and street tree spacing requirements. The trees along the private street shall also serve as parking lot shade trees due to the site constraints with planting additional trees to serve each purpose. e. The applicant shall provide wheel stops within the parking lot or relocate the proposed shrubs to be located a minimum of five feet from the edge of the parking spaces so that parked vehicles will not damage the proposed shrubs. f. The applicant shall revise the plan so that the walkway plan does not require pedestrians to cross a distance of more than 36 feet. The applicant is encouraged to move the structure towards SW North Dakota and provide a direct pedestrian walkway into the building. g. The applicant shall either provide a written waiver from the affected adjoining property owners and record an amendment to the recorded plat, or construct a sidewalk along the private driveway in a manner which conforms with the requirements of the private easement. h. All site improvements shall be installed and maintained pursuant to the revised site and landscape plans. IN ADDITION, THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST: SECTION 18.164 STREET AND UTILITY IMPROVEMENT STANDARDS. Section 18.164.180 Notice to City Required Work shall not begin until the City has been notified in advance. If work is discontinued for any reason, it shall not be resumed until the City is notified. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 3 III. BACKGROUND INFORMATION Property History: This site has been zoned Commercial Professional since the City's Comprehensive Plan was adopted in 1983. The City has no record of other development applications having been filed for these properties. Vicinity Information: The site is located along the east side of SW North Dakota and has direct access to an existing driveway from SW North Dakota which provides access to adjoining existing commercial uses. The property to the north is developed with a medical office building. The property to the east is developed with other commercial uses. Areas to the west of the site are developed with commercial uses. The property immediately to the south is developed with an apartment complex. Site Information and Proposal Description: The site is presently vacant. The site is nearly level and does not contain existing vegetation, significant landforms or other features. IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The subject property is zoned Commercial Professional (C-P). The applicant is proposing to develop the site with a Professional Office building which is the primary permitted use of this zoning district. Section 18.42 (Use Classifications) defines the professional office use and allows this type of use in the C-P Zoning District. Minimum Lot Area: Section 18.64 the Commercial Professional Zoning District states that there is a minimum lot area requirement of 6,000 square feet. The average parcel width required within the Commercial Professional Zoning District is 50 feet. The site is approximately .80 acres or 35,261 square feet which exceeds the minimum lot size requirement. The average width of the lot is approximately 171 feet which exceeds the average lot width standard. Setback and Height: Section 18.64.050 does not require front, side or rear yard setbacks for development within the Commercial Professional Zoning District, except that clear vision areas and parking lot screening requirements must be met. The structure complies with the setback requirements as reviewed elsewhere within this report. The maximum building height is 45 feet in the Commercial Professional Zoning District for habitable structures. The height of the buildings main roof line is approximately 17 feet in compliance with the maximum height standard. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 4 Landscaping Plan: Section 18.100 requires that the applicant submit a landscape plan which provides landscaping for a minimum of 15% of the site. The C-P zone allows a maximum of 85% of the site to be covered with buildings and impervious surfaces. The applicant has submitted a plan indicating the type and location of landscaping to be provided. This plan appears to propose a landscape ratio in excess of the 15% minimum requirement, however no precise calculation was provided. The applicant shall provide precise calculations of the landscape to impervious surface ratio and shall revise the plan if necessary to comply with this standard. Street Trees: Section 18.100.035 states that all development projects fronting on a public street shall be required to plant street trees. This applicant has provided five (5) street trees at 29 feet on center spacing which are to either match the existing tree species, or to be a species as recommended by staff. The applicant shall match the existing trees, where appropriate, which had previously been planted on adjoining sites. The spacing of these trees shall comply with the City's standards which are based on the tree species height at maturity. The site's private street frontage also exceeds 100 feet in length and is therefore also required to provide street trees. The applicant shall indicate the species of liquidambar to be planted as parking lot trees and that these trees be spaced to comply with both the parking lot tree ratio and street tree spacing requirements such that the trees along the private street also serve as parking lot shade trees due to the site constraints with planting additional trees to serve each purpose. 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. The landscape plan, as proposed, appears to partially screen the parking lot from view. Because the parking lot in part has a depth of 192 feet from SW North Dakota, the applicant shall provide details concerning the height of the proposed five (5) gallon "Otto Luyken" shrubs at maturity, or a cross section detail with a landscape berm and shrub combination, or relocate the proposed building and site improvements to effectively screen the parking lot and provide improved pedestrian access to the site. The Development Code also requires that 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 preliminary site plan provides planting details concerning the location of the proposed trees which are to provide shade for the proposed 47 parking spaces. A total of eight (8) parking lot trees have been provided which exceeds the minimum ratio of one (1) tree for each seven (7) parking spaces. Landscape islands require a minimum of three (3) feet of width. Landscaping shall be protected from vehicular damage by some form of wheel guard or curb. The applicant has provided landscape islands which vary between three (3) and 18 feet in width. The applicant shall revise the plan to provide wheel stops or the location of the proposed shrubs shall be a minimum of five (5) feet from the edge of the parking spaces so that cars parked in these spaces will not damage these plantings. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 5 Buffer Matrix: Section 18.100.130 contains the buffer matrix to be used in calculating widths of buffering and screening to be installed between different types of land uses. A land use buffer is required where a commercial use directly adjoins a residential use. The proposed commercial structure would directly adjoin the access driveway to the existing apartment complex. Because the proposed structure does not directly adjoin the existing dwelling units the buffer standard is found to be inapplicable. This site does not adjoin any other residential uses which require land use buffering. Visual Clearance Areas: Section 18.102 requires that a clear vision area 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, temporary, or permanent obstruction exceeding three feet in height. The code provides that obstructions which 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 from the corner of two intersecting street right-of-ways. The clear vision rule also includes triangular areas on either side of proposed driveway(s). For driveways in excess of 24 feet in width, such as those proposed to serve this site, the clear vision area is measured a 30 foot distance back from the driveway and 30 feet along the adjoining street right-of-way and then connecting these two (2) points. The site improvements, as proposed, appear to comply with these requirements at the intersection of the proposed driveway and the existing private driveway. Minimum Off-Street Parking: Section 18.106 requires a minimum of one (1) off- street parking space for each 350 square feet. The applicant has proposed to develop 7,230 square feet of gross floor area and provide a total of 47 parking spaces which exceeds the minimum required number of 21 parking spaces. The Americans with Disabilities Act (ADA): Revised regulations became effective on January 26, 1992. A minimum of one (1) disabled parking space is required if up to 25 parking spaces are required. The proposed site plan provides two (2) disabled parking spaces near the buildings main entrance which complies with the minimum number of spaces required for the total number of required parking spaces. Bicycle Parking: Section 18.106 requires one (1) bicycle parking rack for each 15 required parking spaces in any commercial development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian pathways. The current site plan provides a bicycle rack for three (3) bicycle parking spaces in compliance with this standard. Access: Section 18.108 requires that where up to 99 parking spaces are required, that one (1) access point with a minimum width of 24 feet of paved width and 30 feet of total width be constructed. The preliminary site plan proposes to use of the existing private street which currently has direct access to SW North Dakota. The applicant has also proposed a second new driveway to SW North Dakota. The proposed new driveway shall be eliminated from the plan due to the potential for turning movement conflicts. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 6 Because the shopping center has a second point of access to SW Scholls Ferry Road, the overall shopping center and the proposed new use will not exceed the minimum access point to parking spaces ratio required of new development. The access point which is proposed to the existing private street is 24 feet in paved width which satisfies the access design standards. Walkways: Section 18.108.050(A) requires that a walkway be extended from the ground floor entrance of all new structures to the street which provides the required ingress and egress. The sidewalk shall be designed to minimize the distance in which pedestrians must cross vehicle access driveways or parking lots. Such crossings shall be designed and located for pedestrian safety and to minimize conflicts. Required walkways shall be physically separated from motor vehicle traffic and parking by either a six (6) inch minimum curbed vertical separation or a minimum three (3) foot horizontal separation. Pedestrian walkways which cross traffic aisles are permitted for distances no greater than 36 feet where appropriate pavement markings, or contrasting pavement materials are used. Walkways shall also be a minimum of four feet in width, exclusive of vehicle overhangs and obstructions such as mailboxes, benches, bicycle racks, and sign posts. The site plan, as proposed, provides a walkway which provides a direct pedestrian sidewalk linkage from SW North Dakota to the main building entrance. This walkway requires pedestrians to cross an unobstructed distance of 54 feet. The applicant shall revise the plan so that the walkway plan does not require pedestrians to cross a distance of more than 36 feet. The applicant is encouraged to move the proposed office towards SW North Dakota and provide a direct pedestrian walkway into the building. Information which was filed with this application indicates that a private easement for a sidewalk was included with the plat map that created this development lot as a legal lot. The sidewalk easement was placed along the site's frontage on the private drive which will provide access to the development. The existing medical office building and Oil Can Henry's have constructed sidewalks along the frontages of their parcels. The applicant shall either provide a written waiver from the affected adjoining property owners and record an amendment to the recorded plat or construct a sidewalk along the private driveway in a manner which conforms with the requirements of the easement. Signs: Section 18.114 lists the type of allowable signs and sign area permitted in the C-P zone. All signage shall be reviewed through the sign permit process as administered by the Development Services Technicians. Mixed Solid Waste and Recyclable Storage: Section 18.116 requires that new construction incorporate functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclable prior to pick-up and removal by the franchised haulers. The site plan proposes a trash and recycling enclosure. The proposed trash enclosure does not provide a clear area to allow a service vehicle to access the facility. The applicant shall contact the franchised hauler and have the enclosure design reviewed and approved in terms of location and size to ensure ease of site servicing. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 7 V. OTHER STAFF COMMENTS The Engineering Department has reviewed this application and provided the following findings: Streets: This site lies adjacent to SW North Dakota Street which is classified as a minor collector street and is fully improved adjacent to this site. There is 35 feet of right-of-way (ROW) east of centerline, which is adequate for the minor collector street standard. No further ROW dedications of street improvements are required. Section 18.108.110 of the Development Code states that in order to provide for increased traffic movement on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways to placed on adjacent streets, upon the finding that the proposed access would cause or increase existing hazardous traffic conditions. The proposed driveway onto North Dakota Street poses a potential turning movement conflict and has the potential of increasing the congestion on the roadway. There is an existing driveway on the west side of North Dakota located north of the proposed driveway. This offset condition will result in conflicting left turn movements, which is a safety hazard. When development began on the properties west of North Dakota, a joint ingress and egress easement was established that provides a 30 foot wide paved driveway to serve all parcels. This access currently functions very well and can adequately serve the proposed project. The applicant's narrative suggests the additional driveway onto North Dakota will enhance emergency vehicle access; to date, the City has not received comments from Tualatin Valley Fire and Rescue (TVF&R) that suggest the additional driveway is required. Therefore, Staff recommends that no additional driveways be permitted from this site onto North Dakota Street and that access be taken from the existing joint use driveway adjacent to the north property line. Sanitary Sewer: The applicant's plan indicates that sanitary sewer service will be obtained from the existing eight-inch public sanitary sewer line adjacent to SW North Dakota Street. A street opening permit is required for this work. Storm Drainage: Storm water from this site will be directed to the south into an on-site water quality facility. The storm water will then be discharged into the existing 12-inch public storm drainage line in SW Dakota Street. The plans suggest an open cut in Dakota Street in order to reach the main line, staff recommends the applicant attempt to tie the on-site storm lines into the back of an existing catch basin in the street located near the southwest corner of the site. NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 8 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. The applicant's plan indicates a water quality facility will be constructed adjacent to the southern edge of the site. Preliminary calculations were submitted that suggest the proposed pond will adequately serve the site. However, the geometry of the pond raises several concerns. The plan shows a retaining wall around the entire pond, the bottom of which will be five feet below the top of the wall. The actual treatment depth of the pond will only be approximately one foot. The plan does not indicate how such a pond could be maintained. There would be at least a four foot drop from the top of the wall to the side slope of the pond, which would create a challenge when moving mowing equipment and may pose an overall safety hazard. Staff recommends the applicant look at an alternate design for the water quality facility for this site. Prior to issuance of a building permit, the applicant shall submit final 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. VI. AGENCY COMMENTS The Unified Sewerage Agency reviewed this proposal and stated that the applicant appeared to have acknowledged all of the R & 0 91-47/91-75 requirements except erosion control. The erosion control requirements should be addressed prior to issuance of site permits for the development. The City of Beaverton reviewed this request and had no objections to the proposal as submitted. No other comments have been received. VII. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Owners of record within the required distance X Affected government agencies NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 9 Final Decision: THE DECISION SHALL BE FINAL ON MARCH 18, 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 which 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 at Tigard City Hall, 13125 SW Hall Blvd., Tigard, Oregon. The deadline for filing of an appeal is 3:30 p.m. on March 18, 1996. Questions: If you have questions, please call the City of Tigard Planning Department, City of Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon. 3/7/96 PREPARED BY: Mark Roberts DATE Associate Planner / 3/7/96 APPROVED BY: Richard Bewers• % DATE Senior Planner NOTICE OF DECISION SDR 96-0001 -WINDWOOD HOMES REAL ESTATE OFFICE PAGE 10 SD R q(o-OI N D Wes)D )4-DAt.ES OFF/C C P • 1//) EXHIBIT B 1S133AD-12600 1S134BC-00700 BEASLEY, ROBERT S JR&ANN F BERSHENGLE ENTERPRISES L L C 11312 SW SUMMERLAKE DR 610 GLATT CIRCLE TIGARD, OR 97223 WOODBURN, OR 97071 1S133AD-12500 1S133AD-12300 BRAVO,JOSE AND COLLIGAN, MICHAEL S&KRISTIN TODD.ANN TONETTE 11347 SW SUMMERLAKE DRIVE 11334 SW SUMMER LAKE DRIVE TIGARD,OR 97223 TIGARD, OR 97223 1S133AD-12100 1S134BC-00403 COMPTON, MICHAEL T AND JANICE EQR-WEYER VISTAS INC 11307 SW SUMMERLAKE DR BY EQUITY TAX DEPT-MEADOWCREEK TIGARD, OR 97223 PROP TAX DEPT(27118) PO BOX#A-3879 CHICAGO, IL 60690 1 S 133AD-12000 1 S 133AD-12200 ISHIBASHI, YASUJI &TSUZUKO JOREGENSEN,MICHAEL H&TILEES 11285 SW SUMMERLAKE DR 11329 SW SUMMER LAKE DR TIGARD, OR 97223 TIGARD,OR 97223 1 S133AD-02500 1 S133AD-12400 KINDER CARE LEARNING CTR978 MADARANG,GEORGE E AND LUSIA V BY STRATEGIS 987 11356 SW SUMMER LAKE DR 1777 NE LP 410 STE 1250 TIGARD,OR 97223 SAN ANTONIO,TX 78217 1S134BC-00500 1S133AD-16200 MCDONALD'S CORPORATION PACIFIC CREST PARTNER • LS PO BOX 66207 AMF O'HARE 911 OAK ST- 036/0002 -Tao 'IVER, OR 97031 CHICAGO, IL 60666 1 S 133AD-16100 1 S 133AD-16000 PACIFIC CREST PARTNERS SCHOLLS PACIFIC CREST PARTN -•LLS 911 OAK STREET 911 OAK '" HOOD RIVER,OR 97031 :•i RIVER, OR 97031 1S134BC-00300 1S134BC-00401 PORTLAND FIXTURE LTD PTNRSHP SISTERS OF PROVIDENCE IN OR 13635 NW CORNELL#200 BY ST VINCENT HOSPITAL PORTLAND, OR 97229 ATTN: GREG VAN PELT 9205 SW BARNES RD PORTLAND, OR 97225 1S134BC-00600 1S134BC-00900 THOMPSON, DENNIS C AND THOMPSON, DENNIS C AND DAVIDSON,WILLIAM G DAVIDSON,WILLI 12475 SW MAIN ST 12475 S N ST TIGARD, OR 97223 RD,OR 97223 1 S 134 BC-00800 Witt 3I KlvES THOMPSON/DAVIDSON LEASE 14076 Snl BENEFiVIIIn1 TERRACE PROPERTY VENTURE,THE TIGARD CR 97224 12475 SW MAIN ST TIGARD, OR 97223 H&Arr ADAMS 610 GLATT =IE VACCDI CR 97071 COMMUNITY NEWSPAPERS, INC. Legal P.O. BOX 370 PHONE(503)684-0360 Notice TT 8 4 1 2 R E C E I V BEAVERTON, OREGON 97075 Legal Notice Advertising MAR 1 k. iv, ;, ❑ Tearsheet Notice •City of Tigard ^tT OF TIGARD • el 31 2 5 SW Hall Blvd . • ❑ Duplicate Affidavit Tigard ,Oregon 97223-8199 •Accounts Payable-Terry • SITE DEVELOPMENT REVIEW(SDR)96-0001 WINDWOOD HOMES REAL ESTATE OFFICE The Director has approved, subject to conditions, a request for Site Development Review approval to build a 7,200 square foot office buiding AFFIDAVIT OF PUBLICATION for use as a real estate office. LOCATION: 12655 S.W. North Dakota STATE OF OREGON, ) Street (WCTM IS1 34BC, Tax Lot 00700). ZONE: Commercial COUNTY OF WASHINGTON, )ss. Professional (C P). The C-P zoning district provides a range of professional office services and employment in close proximity to I, Kathy Snyder residential neighborhoods and major transportation facilities. being first duly sworn, depose and say that I am the Advertising APPLICABLE REVIEW CRITERIA: Community Development Code Director, or his principal clerk, of theTigard-Tua 1 at i n Tj.me; Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116,__a newspaper of general circulation as defined in ORS 193.010 18.120 and 18.164. and 193.020; published at Tigard in the — ---- aforesaid county and state; that the NI �— ` SDR 96-0001 Windwood Homes a printed copy of which is hereto annexed, was published in the • ll entire issue of said newspaper for ONE successive and t0 r- 1 consecutive in the following issues: i it March 7 , 1996 _ ,■ ' 1. El■ ` EJECT PARCEL ��f"H ` r \�� ,HHH11 A Ark. 411a-. ` • '..i NG Acco Subscribed and sworn to b- re me this7th day of March, 19 '• , m 1.1.... • 0.,_ .6 �� i� 0m 0 Notary • •lle for Oregon :`I�� % My Commission Expires: r��; 0 CO I AFFIDAVIT �'H 11111111111111111111�� mu A i! I1111H111111111113 MM ��= a will!�I,W4H IPi me MI Ti oink 144...14dijeasirr ATI NO= riTnllllilil'---, q r The adopted finding of facts,decision,and statement of conditions can be obtained from the Planning Department,Tigard Civic Center, 13125 S.W. Hall Blvd.,Tigard,Oregon 97223.The decision shall be final on March 18, 1996. Any party to the decision may appeal this decisionin 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 P.M.,March 18, 1996. TT8412-Publish March 7, 1996. q;, FAX TRANSMITTAL DATE: January . 1996 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) 96-0001 ➢ WINDWOOD HOMES REAL ESTATE OFFICE The Director has approved, subject to conditions, a request for Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 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: SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS , Ill r RD C -------1 '--- R , 1S133AD-16000 çisi JI 1.133 D-161 is 1S1334D-16200 — 1S134B600300 1 C‘), 1513480-00000 1S133AD-025)3 0 1S134BC-00700 1S13.4 -COEOC 151348600300 CD ,3341-12 "r0 C 13Li&1 .*' i 1M ( CU .13341-1/ C ,/ S13341)12111 4 513341-1 HI .C.0) ill DR 1S13486-00403 C "2 H1H42 sa \ T EEL V ill w Z or mill 1 1 ANT a*Jr. l' SW \ \ / ^ \ / /\ / 5' Vicinity Map NOTIFICATION MAP SDR 96-0001/WINDWOOD HOMES R N _ _ _ _ PRIVATE.INGRESS/EGRESS _206.17 -, --- ----- - --; -7 7 'I— :-.-1 ,,--- f:1711- —1 -7, 7— 7 II ' ' —r • , L - .- . i 1 1 1 1 -6. ,Le.i. -Li ! 1 1 4 . , . I >`rI j 1 I I I i rn ` -- __ ...-- pa, . ` — I�l1 / T 24.00' \ / _. ' iii W r se N - el 1-7•—•-•••• lk (49 .• / .:''' . I yil .9\,t I,D./Al k• , 1_09 l.l y i N •v 1 I � �,- ' .i4 �� -• Z > t x N 1 _ - PROPOSED •, J 4 7,230 SQUARE FOOT i d OFFICE BUILDING t• U) '13 .. \ \ T . . r . /)... : , ! \ „flu,. _ -:. = ,....:,_; 1 \f -_-.• I,. .-, . .,•_.. ._ , , •..... ... .. , . • ....,- .11..W. "t• -".. rs ; : . . . .• . i 1 . f,,1,i.::•': , T 11 , PRIVATE DRI VEKAY• 8 Ili 0 PLOT PLAN CASE NO. EXHIBIT MAP SDR96-0001 ROYAL OAKS DEVELOPMENT WINDWOOD HOMES REAL ESTATE OFFICE l APPLICANT MATERIALS AioCITY OF TIGARD, OREGON SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. --!< 96- C c'O OTHER CASE NO'S: RECEIPT NO. 6:ke -?-7-c/(0i(�Y APPLICATION ACCEPTED BY: DATE: 0 1. GENERAL INFORMATION Appli on elements submitted: PROPERTY ADDRESS/LOCATION 614-) N 2 , d7A (A) lication form (1) jI B) Owner's signature/written TAX MAP AND TAX LOT NO. 71 7000 /S/ 3 ya • authorization I (C) Title transfer instrument (1) SITE SIZE . ,4 / "cS ` �/ , (D1 ssessor's map (1) �v�✓ I PROPERTY OWNER/DEED HOLDER* t ff/1 / E lot plan (pre-app checklist) ADDRESS `(O tjl L4,10 HONE F) Applicant's statement CITY 1. ) J u ,.y& o4? ZIP q7 007 / (pre-app checklist) APPLICANT* evkNOt"UG ,Q // fta S. IN 47(G) List of property owners and ADDRESS 14074 &„6L L4) lea 1, PHONE s50 /7 e • addresses within 250 feet (1) CITY /76444) ZIP ' 1..//(H) Filing fee ($ �/S ) *When the owner and the applicant are different ) I) Construction Cost Estimate people, the applicant must be the purchaser of record or a leasee in possession with written authorization DATE DETE MINE TO BE COMPLETE: from the owner or an agent of the owner with written / / -Z../ authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: 5 �1 14 submit a written authorization with this application. COMP. PLAN/ ONE DESI NATION: 2. PROPOSAL SUMMARY The owners of record of the subject property 61-T61-T-7177�--Y //// request site development review approval to , r —tfu ber: allow (WA-C�u4'4Joi/ �J� - 5;1i 0, a 04' 4' 6/(6 O�! ld4 ei'/i,/ Sl/r Approval Date: Final Approval Date: Planning Engineering 0524P/13P Rev'd 5/87 ._ 3. List any variance, conditional use, sensitive lands, or other land use actions to be considered as part of this application: • 4. 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 ,r .L' day of Ci4A441Wj 19 Qr SIGNATURES of each owner (eg. husband and wife) of the subject property. /54(eeeP,ZO.V (KSL:pm/0524P) 1.1TV CITY OF TIGARD PROPOSAL DESCRIPTION FILE NO: SITE DEVELOPMENT REVIEW (SDR) 96-0001 FILE TITLE: WINDWOOD HOMES REAL ESTATE OFFICE APPLICANT: Windwood Homes OWNER: Heather Adams 14076 SW Benchview Terrace 610 Glatt Circle Tigard, OR 97224 Woodburn, OR 97071 (503) 590-4700 (503) REQUEST: Site Development Review approval to build a 7,230 square foot office building for use as a real estate office. LOCATION: 12655 SW North Dakota Street (WCTM 1S1 34BC, Tax Lot 00700). ZONE: Commercial Professional (C-P). The C-P zoning district provides a range of professional office services and employment in close proximity to residential neighborhoods and major transportation facilities. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.96, 18.100, 18.102, 18.106, 18.114, 18.116, 18.120 and 18.164. CIT: West 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 SDR 96-0001 ROYAL OAKS DEVELOPMENT PROPOSAL/REQUEST FOR COMMENTS AFFIDAVIT OF MAILING STATE OF OREGON ) SS CITY OF T1GARD ) I. 1 1W rA,Li L . tom'A^- , being duly sworn, depose and say that on N. eM(3E12-- 3-l sT. 19 ? , I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at (2.tvS.5 -7 N 0 rum c7 2 a copy of which notice so mailed is attached hereto and made a part of hereof l further state that said notices were enclosed in envelopes plainly addressed to said persons and were deposited on the date indicated above in the United States Post Office at ,..... 1-r y --7) 1Y/LD , with postage prepaid thereon. '14/1./ 'br ' V Sig � Subscribed and sworn to before me this 2 h s r day Of I�L w P I'i hp .,- , 19 9- Notary Public /1/47 /6 a My Commission Expires: // 9 7 --�� . `-- --��ti-'. - - ..z ?►, OFFICIAL SEAL f �'ct� ELLEN P FOX _ NOTARY PUBLIC-OREGON COMMISSION NO.024561 4 e,j MY COMMISSION EXPIRES MAY 16,1997 1 .,DIVE h:\fcgin\jo\aifmail.at 3bte 9lv-00 ol Name of applicant ) `J IAI O 0 13 O 'f ICs Subje Property: Tax Map and Lot # / S 1 3 On 70 0 Address or General Location (Z6 55 Cr-0 'U { DA-Kb T7(0'nC AFFIDAVIT OF POSTING NOTICE 6 J 1, -771-011111 L. 1 "t-5 , do affirm that I am (represent) the parry initiating interest in a proposed l 7 Q p w1 G-1.e� geN11 affecting the land located a t 1265-C —' N D 27-74 DA-g D T1 c- and did on the 21 51 day of Nil \revYl oY , 19 personally post notice indicating that the site may be proposed for a 73 Sot P1 FF a 1-44"-/2/ application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at EN Di FAt'.0/v Qi Al 714 b 4-Kt rh (state location on property) This 021 day of N011 , 19�l�j Signature Subsc lbed and sworn tc, affirmed, before me this ) � ' day of 1\1 ov ew►(er , 19 c15 OFFICIAL SEAL t Notary Public for the Stare of Oregon ELLEN P FOX 1 My Commission Expires: /day I6 (9 X17 NOTARY PUCLIC-OREGON f ' COMM;SSION NO.024561 S MY C'O'MMISSION EXPIRES MAY 16,1997 WITHIN SEVEN (7) CALENDAR DAYS OF THE SIGN POSTING, RETURN THIS AFFIDAVIT TO: City of Tigard Planning Division 13125 SW Hall Blvd_ Tigard, OR 97223 tro\p MEETING NOTICE WINDWOOD HOMES IS PROPOSING TO BUILD A 7320 SQUARE FOOT OFFICE BUILDING FOR A REAL ESTATE OFFICE 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 ATTENDING A MEETING ON: Thurday, December 7, 1995 7:00 PM Tigard City Hall 13125 Sw Hall Blvd TIGRRIJ OR 97223 PROJECT DEVELOPER CONTACT: DALE RICHARDS PHONE NUMBER: 590-4788 PLEASE NOTE: THIS IS AN INFORMAL MEETING ON PRELIMINARY PLANS. THESE PLANS MAY BE ALTERED PRIOR TO SUBMITTAL OF THE APPLICATION TO THE CITY. 11 /21 /95 CLARK G. ZELLER 13290 SW SHORE DR. TIGARD OR 97223 RE: Site Development Review Dear Interested Party: Windwood Homes is representing the owner of the property located at 1 26 55 SW North Dakota ,one lot south of Scholls Ferry Rd, legal description 1 S134BC Tax Lot 700. We are considering proposing to build a 7320 square foot office building for a real estate office at this location. Prior to applying to the City Of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to a meeting on: Thursday December 7, 1995 Tigard City Hall 13125 SW Hall Blvd Tigard OR 97223 7:00 PM Please notice this will be an informal meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at 590-4700 if you have any questions. Sincerely, Dale Richards 11 /22/95 RE: Site Development Review Dear Interested Party: Windwood Homes is representing the owner of the property located at 12655 SW North Dakota ,one lot south of Scholls Ferry Rd, legal description 1 S134BC Tax Lot 700. We are considering proposing to build a 7320 square foot office building for a real estate office at this location. Prior to applying to the City Of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to a meeting on: Thursday December 7, 1995 Tigard City Hall 13125 SW Hall Blvd Tigard OR 97223 7:00 PM Please notice this will be an informal meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at 590-4700 if you have any questions. Sincerely, Dale Richards ABDULLAH ALKADI BILL GROSS KATHIE KALLIO 11905 SW 125TH CT 11035 SW 135TH AVE 12940 SW GLACIER LILY C TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 ED HOWDEN BONNIE & JIM ROACH CLARK G. ZELLER 11829 SW MORNING HILL 14447 SW TWEKESBURY DR 13290 SW SHORE DR. TIGARD OR 97223 TIGARD OR 97224 TIGARD OR 97223 LARRY WESTERMAN CHRISTY HERR BARBARA SATTLER 13665 SW FERN ST 11386 SW IRONWOOD LOOP 11245 SW MORGEN COURT TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 JUNE SULFFRIDGE BEVERLY FROUDE KATHY SMITH 15949 SW 146TH AVE 12200 SW BULL MOUNTAIN RD 11645 SW CLOUD CT TIGARD OR 97224 TIGARD OR 97224 TIGARD OR 97224 LINDA MASTERS SCOTT RUSSELL CAL WOOLERY 15120 SW 141ST AVE 31291 RAYMOND CREEK RD 12356 SW 132ND CT TIGARD OR 97224 SCAPPOOSE OR 97056 TIGARD OR 97223 KINDERCARE LEARNING MEADOWCREEK APARTMENT MCDONALDS CORP. 12658 SW NORTH DAKOTA 12505 SW NORTH DAKOTA 12388 SW SCHOLLS FERR1 TIGARD OR 97223 TIGARD OR 97223 TIGARD OR 97223 THOMPSON & DAVIDSON PACIFIC CREST PARTNER 12398 SW SCHOLLS FERRY RD 12526 SW SCHOLLS FERRY RD TIGARD OR 97223 TIGARD OR 97223 Dennis Thompson PACIFIC CREST PARTNERS S William Davidson PORTLAND FIXTURE LTD PTN 911 Oak St 12475 SW Main St 13635 NW Cornell Rd #200 Hood River, OR 97031 Tigard, OR 97223 Portland, OR 97229 Duane Liebewager EQR-WEYER VISTAS INC Care Learning Kinder 11307 SW Summer Lake Dr PO Box A3879 1777 NE Loop 410 #1250 Tigard, OR 97223 Chicago, IL 60690 San Antonio, TX 78217 Davidson Lease Thompson Yasuji Ishibashi MCDONALD'S CORPORATION PROPERTY VENTURE THE Tsuzuko Ishibashi 1 Mcdonalds Plz 12475 SW Main St 11285 SW Summer Lake Dr Oak Brook, IL 60521 Tigard, OR 97223 Tigard, OR 97223 Michael Joregensen Jose Bravo Robert & Ann Beasley Jr. Tileese Joregensen Ann Tonette Todd 11312 SW Summer Lake Dr 11329 SW Summer Lake Dr 11334 SW Summer Lake Dr Tigard, OR 97223 Tigard, OR 97223 Tigard, OR 97223 Michael Colligan Kristin Colligan George & Lusia Madarang 11347 SW Summer Lake Dr 11356 SW Summer Lake Dr Tigard, OR 97223 Tigard, OR 97223 City of Tigard Room Use Application Reservation Date Event date: I 2 '7' 9- Hours of event From 7:°° amlrn To ®:DO am/6 Organization/individual requesting use: (A) IlD ° "1-30111 -1..5 Mailing address: 13872 emu) (j..I L C, 7/2-6 bite-• City: 1-)67141Z-0 Zip Code: 9 7 Contact person: a:).Gt-f2.-e_ f(2.-1C.,kaithA Day phone: 5io -17100 Evening phone: !' Person who will pick''u__prr..room key from the Police Department: v l' Alm"1 +�rt°rl�l6e Type of event:T tAtX i rDi +II er-7 S Ue- Classification (see policies): Size of group: Lit) "V"'Y (Note: tf group exceeds size stated, the function may be terminated). FACILITIES REQUESTED `Town Hall Room ❑ Red Rock Creek Conference Room ❑ Richard M. (Dick) Brown Auditorium ❑ Water Building Conference Room Room Rental Fees: Room Capacity Class 1 and 2 Class 3 Class 4 Town Hall Room 90 No fee $20.00/hr $25.00/hr Red Rock Creek Conference Room 20 No fee $10.00/hr $15.00/hr Richard M. (Dick) Brown Auditorium 150 No fee $30.00/hr $35.00/hr Water Building Conference Room 12 No fee $10.00p/hr $15.00/hr Please see the Policies and Procedures for Resenting City of Tigard Meeting Rooms to determine what class your event/meeting falls into. Building Rental Fee $ Cleaning/Security Deposit: A cleaning/security deposit is required for parties, receptions and potlucks. The cleaning/security deposit must be paid seven (7) days in advance of your event. The deposit is as follows: Groups of 80 or less $150.00 -Groups of more than 80 $250.00 Deposit Amount $ Please forward the application, rental fee, and/or deposit to: City of Tigard, 13125 SW Hall Blvd., Tigard, OR 97223. Please read the Policies and Procedures for Reserving city-of Tigard Meeting Rooms and the following information prior to signing the Room Use Application. I agree to protect, indemnify, and defend the City, its authorized agents, elected and appointed officials, and all employees against any and all claims as a result of persons attending any function at the facility. This provision includes any expenses incurred by the City defending such claim. I further understand the City, its elected and pa pointed officials, and all employees will not be held responsible for any lost or stolen articles, clothing, etc., as a result of persons attending any function in the building. I have read the Policies and Procedures for Reserving City of Tigard Meeting Rooms and the information on the reverse side of this form. I further agree to abide by the Policies and Procedures as well as the ordinances of the City of Tigard and I accept responsibility for any violations as they may pertain to the application. Signatures, %/I�( i Date l frg 5 Rental Periods The City of Tigard Meeting Rooms are available for reservation Monday through Sunday from 8:00 a.m. to 10:00 p.m. November through April the Richard M. (Dick) Brown Auditorium and Water Building Conference room are not available after 5:00 p.m. Reservations To allow many different groups an opportunity to use the facilities, repetitive room requests will be reviewed on a monthly basis through the application process. Priority room use is given in ascending order beginning with Class 1. Please see the Policies and Procedures for Reserving City of Tigard Meeting Rooms to determine what class your function fits into. All efforts will be made to keep the room schedule intact once reservations are made; however, the City retains the right to cancel or relocate a meeting upon 24 hours notice. Rental Fee and Cleaning/Security Deposit If a rental fee is required, it must be posted not less than seven (7) days in advance of the meeting date. The amount of the rental fee is based on the group classification. If a refundable cleaning/security deposit is required, it must be posted no less than seven (7) days in advance of the reservation date. The amount of the cleaning/security deposit is based on whether food and/or beverage will be served, and the size of the group. Cleaning supplies and equipment must be provided by the user. Please see the Policies regarding room use for details on the return of the deposit. FOR OFFICE USE ONLY Room Use: Approved ❑ Disapproved ❑ Date Administrative Services Manager Date logged Date Applicant notified Date P.D. notified Date rental fee paid Amt $ Rec# Date deposit paid Amt $ Rec# Checklist received Yes ❑ No ❑ Any unusual cleaning or damage? Yes ❑ No ❑ If yes, please document and attach document to application. Date of refund Amt $ January 8,1996 To: City of Tigard From: Windwood Homes Inc. Re: Property located at 12655 SW North Dakota Tax Lot 700 Map#151-34-BC All engineering will be done by Kurahashi &Associates Inc. Project consultant is Dale Ross, 968-1605. Architecture designed by Richard White, 590-7425. Builder is Windwood Homes Inc., Dale Richards 590-4700(office) 780-4375(mobile). Issues at Pre Application: -Building height is 28'-4", not to exceed 45' per city code section#18.98.020. -Required parking ratio of 1/350 sq.ft. = 20.57 spaces required per section 18.106.030, 47 parking spaces provided. -Required one handicap parking space as per section 18.108, 2 provided. -Walkway and access requirements as per section 18.108.050, addressed on site plan. -Clear vision issue is mitigated by the landscape plan, with plants not to exceed 3-8 feet in height. No berms are built to impair vision. -Screening of parking is provided through landscape of 5 gallon rosy glow barbery, shore pine and rhodo pjm - Landscape issues addressed on landscape plan, sheet L-1. -Neighborhood meeting materials attached. -Pride Disposal has been contacted to discuss the recycling issue and will be approved before the review is complete. Address of additional concerns and comments: 1) The building was not moved forward due to the desire to provide for double access parking off single lane and adequate plant buffering between the parking and the private ingress-egress. 2) Access to the interior of the site will be required following a conversation and review by the staff fire marshall. Multiple access to the site is preferable for apparatus access. 3) Access to the future cellular site improvements at the SE corner of the property have been addressed on site, civil and landscape plans. 4) Easement descriptions are attached and shown on civil plans. 5) Agreement concerning private access driveway ingress-egress in place and to be provided. Sincerely, Dale Richards . t 3 ��alr._Ao C 2ou b o/7z; 6-2 za A. 7A/ --s2-7/ ye, /v7' 12G 6 vi 770z, In In N H H F / 3 / i✓ c D/ /� �-V 7�D• / i`iL ,(... ..I4'; V W W W 222 NfA VI Q 0 e N a' c C i', C-.77O � gym eav e4 N rnn q r--77 1Lo-;y Cafy.i x./gvb 2 j Ae, �z o-a7 hl -, 1 r-4 °4 ge-e , '/ a° G ,ae.aa ( /. 2,7;,j1� B-7 oyt 74 (77/7v ' o%t, d Aa d ,--27-c ,Vor 4 p..". a iag-e-7z /4 Q& e' 7206 5 3,u6;,, A)r cA, sc C'�,Zloxt IG bird 041. 61.0`1-4u�r>��lZ • . ' r^ arrc'r/A21,-W-e/Z- rl 4 &te:/‘.6).7 "„ ,f7 -4,4,, 4, k�?ia A _/ „‘- 44' 74, ...€,6,-; 77e-4.4 W W W 5315 W i N O O .• H -f'4•f Q�Q r r ;,44 i !L111v�� Co: 71( ,vo-Zez mt o f,GU a � r"' ,c l?s 'd , e" ,/_,,e9 . 74 Q dt..G p'-- Go a . II//MP a2/ a ra = ZZIo 54- lrniafitKOCA7 a : Polk/ZS-Ny - ;5000 5,c 4 ecZeed-,f /ocz Oe ';°rid 72 d O _ 2Z; IoDO / "4- 'Cldae &'-Pa = /4 626 5A7 .e4u4.,y_e a/ ,2 QGlQ I{C, QGltil�= o 36' iA ofra-61 A oZR,600 k r Cv?8 C.F. 747 ./vo.LizitZ Lt bz �Y �� a cr4'a&o.0 c/ Jae u 7`7! a/ 7 4 'et";fin , C-4/7 p2 /- 7/ d i.e j . • . 3/ 3 fid- "&. �1 U 40662a- a--egaa) NNN /(611/f sss [[[iii 76 u x I e W W W 6 N N N 0.0 94 /74e GOB lOs.2G -r4a oca rCVn r r n o. ooCFS ( • BG�c J _ a SALE AGREEMENT AND RECEIPT FOR EARNE' MONEY This is a legally hinding document;if not understood,seek competent .e before signing. 7 • c re undersigned Buyer offers to purchast. following described real property situated in the County of L J P-1AJ l 7V k/ ,State of Oregon egos (legal description): 7 f 1LTr t'.J Tf e,A-T i913 -056 -TAY- 1 IS I BLf 60706 2 A and commonly known as(street address): —T0 l.) 3 for the purchase price of $ c 7O ' DOb . 4 on the following terms:Earnest money herein receipted for $ 6-0 CO •00 5 as additional earnest money,the sum of $ 8 at or before dosing,the balance of down payment $ 7 at closing and upon delivery of DEED ❑ CONTRACT the sum of(Lines 5,6,7,and 8 must equal Line 4) $ �COO • 6 payable as follows: h54 � s 10 11 12 13 If Buyer assumes indebtedness, then in addition to the purchase price, Buyer is to pay required assumption fee and reimburse Seller for sums held in 14 reserve accounts. 15 L0 H g BUYER'S REPRESENTATION: Buyer represents that Buyer has sufficient funds available to close this sale in accordance with this Agreement, and is is 15 not relying on any contingent source of funds unless otherwise disclosed in writing in this Agreement. 17 IF NEW LOAN IS REQUIRED, TRANSACTION SUBJECT TO BUYER AND PROPERTY QUALIFYING FOR THE LOAN.Buyer agrees to make written is loan application not later than'/ business days from date an agreement is made, complete cessary papers and exert best effo s to procure le g the I n.If discount points are re wired for financing, they shall be paid as follows: Buyer — - %up to $ ; Seller 20 2 %up to$ ' .Lender required repairs to be paid as follows 21 22 Unless otherwise provided herein,lender required inspection fees to be paid by Buyer. 23 SPECIAL CONDITIONS: • yr a I 24 25 26 m8 §- 27 8 28 29 30 For additional provisions,see Exhibit(s) 31 Seller acknowledges that if property is new construction,Seller must comply with FTC insulation disclosure requirements.THE PROPERTY DESCRIBED 32 IN THIS INSTRUMENT MAY NOT BE WITHIN A FIRE PROTECTION DISTRICT PROTECTING STRUCTURES. THE PROPERTY IS SUBJECT TO LAND 33 USE LAWS AND REGULATIONS, WHICH, IN FARM OR FOREST ZONES, MAY NOT AUTHORIZE CONSTRUCTION OR SITING OF A RESIDENCE 34 a' AND WHICH LIMIT LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 IN ALL ZONES. BEFORE SIGNING OR 35 ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR 36 COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND EXISTENCE OF FIRE PROTECTION FOR STRUCTURES. Unless otherwise 37 herein provided, the property is to be conveyed by statutory warranty deed free and clear of all liens and encumbrances except taxes which are 38 2 a lien but not yet payable, zoning ordinances,building and use restrictions, reservations in Federal patents, utility easements of record which benefit 39 the property or area in which the property is located,private covenants,conditions and restrictions of record for the development of which the property 4o is a part,and Le—Pr�i� —� 41 FIXTURES: All built-in appliances; attached floor covering; drapery rods and curtain rods; window and door screens, storm doors and windows; 42 irrigation, plumbing, ventilating, cooling and heating fixtures (including all tanks but excluding detached fireplace equipment); water heaters; attached 43 electric light and bathroom fixtures; light bulbs, fluorescent lamps; window blinds; awnings; attached television antennae• fences; all planted shrubs, 44 plants,and trees and all fixtures are to be left upon the premises as part of the property purchased,EXCEPT: A)!? ,f)776)A/S 4s U u 46 ow The following PERSONAL PROPERTY,in"as-is"condition,is included in the a7 purchase price: Ct 48 Unless otherwise stated,personal property included in this transaction has no value and shall not be security for the unpaid price. The following fixtures 49 are not owned by Seller and are not being sold: &I/76r- 50 E ALARM S TEMS(if any)❑OWNED❑LEASED.If leased,Buyer❑will not❑will assume the lease at closing.Approximate monthly lease payment is 51 $ 52 SELLER REPRESENTS OR AGREES: (1) The above dwelling is connected to ❑ a public sewer system, or ❑ a cesspool or septic tank; (2) at 53 the earlier of possession or closing date, the dwelling will have an approved and operating smoke detector properly installed as required by law;(3) 54 Seller has no knowledge of any hazardous substances on the property other than substances (if any) contained in appliances and equipment; (4) 55 that Seller knows of no material structural defects; (5) that all electrical wiring, heating, cooling, plumbing and irrigation equipment and systems will 56 be in good working order and that the balance of the property, including the yard, will be in substantially its present condition at the time Buyer is 57 entitled to possession;(6)that Seller has no notice of any liens to be assessed against the property;(7)that Seller has no notice from any governmental 58 agency of any violation of law relating to the property.These representations are of Seller's actual knowledge.Seller has made no investigation. se o Exceptions to items(1)through(7)are: �� , 7 7 g Il - 60 N 61 2 and (8) that property is connected to; ❑ A public water system or ❑ A private well. If connected to a well Seller represents that the private water well 62 a located on or serving the property has provided an adequate supply of water during the entire year fcr household use, and to the best of Seiier's 63 0C knowledge, the water is fit for human consumption and the continued use of the well and water is authorized by and complies with the laws of the State 64 m of Oregon and appropriate governmental agencies. No other representations are made concerning the water supply and well except as expressly stated 65 'cp in this agreement. If the well provides water for domestic purposes, upon Seller's acceptance of Buyer's offer Seller will have the well tested for nitrates 66 and total coliform bacteria and for such other matters as are required by the Oregon Health Division. Seller shall submit the test results to the Oregon 67 Health Division and Buyer, upon receipt. Buyer may have the well water tested for quantity or quality by a qualified tester, and obtain a written report 68 of such test or tests, showing the deficiencies (if any) in the well and the standards required to correct the deficiencies, all within days (seven s9 business days if not filled in) after the date an agreement is made.If the written report of the test made by Seller or the written report of any test made 70 by Buyer shows deficiencies in quantity or quality of the water,then unless Seller agrees in writing to correct the deficiencies shown on the report,Buyer 71 may terminate the rights and obligations of Seller and Buyer by delivering written notice of termination, together with a copy of the report, to Seller or 72 the listing broker within 24 hours after the receipt by Buyer of the written test report. Seller shall have 24 hours after delivery of notice of termination, 73 to agree in writing to correct the deficiencies shown on the report. 74 "AS IS": Except for Seller's express agreements and representations of Seller's knowledge on Lines 53 through 74, and Seller's Property Disclosure, 75 if any,Buyer is purchasing the property as is,in its present condition and with all defects apparent or not apparent.Buyer has not relied on any additional 76 representations made by Seller,selling REALTOR firm,or listing broker(if any)regarding the size,condition,utility or any other aspect of the property. 77 v Buyer recognizes that asbestos commonly exists in insulation, ceilings, floor coverings and other areas in many residential properties. Seller makes 78 no representations regarding the presence or condition of asbestos in the property. 79 111 • Earnest Money Receipt No. 94 . 15500 2 ® 1993 Portland Board of REALTORS(Rev. 10/93) Buy9rs Inita ,.�"ate REALTOR° SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY-Page 1 of 3 C� /d"24-��.-••••••• REALTOR'S COPY Sellers Initials es t Date INSPECTIONS:Buyer understands that a complete professional inspection of the property is advis, d0 0 • PROFESSIONAL INSPECTION: A, 3r's expense Buyer may have the property inspected by one or more professionals of Buyer's choice. 81 - • ' If Buyer obtains such a written inspection report indicating infestation of wood-destroying pests or organisms and the necessity of repair of 82 damage caused thereby, or indicating any other substantial defect in the property, Buyer may terminate all obligations of Seller and Buyer a3 hereunder by delivering written notice to do so,together with a copy of the report,to Seller or listing broker within business days(seven 84 if not filled in) after the date this agreement is made,unless Seller notifies Buyer within business days (two if not filled in) thereafter, es .4 of Seller's agreement to do the work recommended by that report or reports. so t • BUYER UNDERSTANDS THAT:(1)IF BUYER DOES NOT GIVE NOTICE WITHIN THE TIME PROVIDED ABOVE,THAT CONSTITUTES ACCEPTANCE 87 OF THE CONDITION OF THE PROPERTY; (2) IF BUYER GIVES THE NOTICE ALLOWED ABOVE, AND SELLER DOES NOT AGREE WITHIN THE ea TIME PROVIDED ABOVE TO DO THE RECOMMENDED WORK,THAT WILL TERMINATE THE RIGHTS AND OBLIGATIONS OF SELLER AND BUYER; ae AND(3)AN OFFER BY BUYER TO PROCEED WITH THE PURCHASE ONLY IF SELLER AGREES TO DO ALL OR PART OF THE RECOMMENDED eo WORK, WILL BE TREATED AS A TERMINATION NOTICE AND TERMINATE THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNLESS WITHIN 91 THE TIME PROVIDED ABOVE, SELLER AGREES TO DO THAT WORK.In the event of termination,Buyer's earnest money will be refunded to Buyer. 92 If Seller agrees to do any recommended work, before closing Seller will do the work or cause it to be done, in a good workmanlike mariner. At or ea before closing Seller will pay the cost of all labor and materials expended. 94 BUYERS INSPECTION:Buyer has personally inspected the property and all elements and systems thereof. Buyer is fully satisfied and has as elected NOT to have an inspection performed by anyone else. 98 2 THIS SALE WILL BE CLOSED IN ESCROW: Costs of escrow shall be shared equally between Seller and Buyer, unless Buyer is financing through 97 L Federal VA,in which case Seller shall pay escrow costs. ea CLOSING: TIME IS OF THE ESSENCE. CI sing documents shall be executed and Buyer's funds deposited in escrow and closing shall occur on 99 .c-6 or before -- — , 19 or as soon thereafter as financing documents can be prepared and marketable title delivered, but not loo 0• to exceed ten (10) additional business da s. This transaction is "closed" when the deed or contract is recorded and funds are disbursed to 101 Seller. t02 POSSESSION:Seller shall remove all personal property not sold to Buyer and deliver possession to Buyer:(Check one only)(1 'on recording and 'o3 " " disbursement of funds to Seller;(2) ❑ days after recording and disbursement of funds to Seller; (3)❑on: , 19_. 104 PRORATIONS: Prorates for rents, current year's taxes, interest on assumed obligations, insurance premiums (if Buyer assumes the existing policy), ,os 3 and other prepaid expenses attributable to the property shall be as of: (Check one only) (1) ❑ recording and disbursement of funds to Seller; toe &S (2 to Buyer is entitled to y possession;or(3)n , 19 107 CLOSING/POSSESSION RENTAL:Seller agrees to pay Buyer rent at the daily rate of$ ,for each day after the date 108 of closing that Seller remains in possession of the property.Such rent shall be due at closing. 109 Ol UTILITIES:Seller to pay all utility bills accrued to date Buyer is entitled to possession and Buyer to pay Seller for heating fuel then on premises,payment i to 5:: to be handled between Buyer and Seller outside of escrow. 111 s m INSURANCE:Seller to keep the property insured until closing.Insurance will be secured by Buyer at . 112 ESCROW DEPOSIT:The neutral escrow depository in Oregon designated below is hereby instructed by Seller,Buyer, selling REALTOR'firm and the 113 listing broker (if any) as follows (1) Upon your receipt of a copy of Buyer's offer marked "rejected" by Seller or of selling REALTOR' firm's written 114 ,, , advice that the offer is "rejected" by Seller you are to refund the earnest money to Buyer. (2) Upon your receipt of a copy of the sale agreement 116 5 as signed by Seller, Buyer,selling REALTOR' firm and the listing broker (if any), set up an escrow account and proceed with closing in accordance with no 1118 the terms of the sale agreement.If you determine that the transaction cannot be closed for any reason(whether or not there is then a dispute between 11r the parties),hold the earnest money deposit until you receive mutual written instructions from Seller,Buyer,selling REALTOR'firm and the listing broker 110 (if any)as to disposition of the deposit. 19 . c d TITLE INSURANCE:Within 30 days of closing,Seller shall furnish to Buyer an ALTA standard form of title insurance policy insuring Buyer in the amount 120 S of the purchase price and showing good and marketable title. Prior to closing, Seller will furnish to Buyer a preliminary title report made by a title 121 i= Co insurance company showing the condition of the title to the property. 122 EARNEST MONEY PAYMENT/REFUND:If Seller does not approve the sale,or cannot furnish marketable title within thirty days after notice containing t23 l S a written statement of defects is delivered to Seller, or having approved the sale, fails to consummate it, the earnest money shall be refunded, but 124 o,- acceptance by Buyer of the refund does not constitute a waiver of other remedies available to Buyer.If Seller approves the sale and title is marketable 125 ¢ 2 and either:(1)Buyer has misrepresented Buyer's financial status;or(2)Buyer's bank does not pay any check given as earnest money,when presented; t26 T,w or (3) Buyer fails to redeem any note given as earnest money, when due; or (4) Buyer fails to complete the purchase or perform any other act as 127 • herein provided;then the earnest money herein receipted for and any additional earnest money paid or agreed to be paid shall be paid to Seller,treated 128 w1° as option money and this contract thereupon shall be of no further binding effect.It is the intention of the parties that under no circumstances shall 129 Buyer be liable to Seller under this agreement beyond the amount of earnest money provided for herein. 1 3 o o1._ C a 0 BINDING EFFECT/CONSENT: This agreement is binding upon the heirs, personal representatives, successors and assigns of Buyer and Seller. 131 c-`=3 However,Buyer's rights under this agreement or in the property are not assignable without prior written consent of Seller. t32 mw FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT: The Foreign Investment in Real Property Tax Act ("FIRPTA"), requires every person who 133 g purchases real property located within the United States from a"foreign person"to deduct and withhold from the Seller's proceeds ten percent (10%) lois a of the gross sale price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A "foreign person" includes a 135 CC non-resident alien individual, foreign corporation, foreign partnership, foreign trust and foreign estate. Seller and Buyer agree to execute and deliver, 136 as appropriate,any instrument,affidavit or statement,and to perform any acts r sonable or necessary to carry out the provisions of FIRPTA. 137 LEVY OF ADDITIONAL PROPERTY TAXES: The property (check one) 0 is not specially assessed for property taxes (e.g. farm, forest or 13a r other) in a way which may result in levy of additional taxes in the future. If, as re ult of Buyer's actions or this sale of the Property, the Property 13e o t either is disqualified from special use assessment or loses its deferred prope y tax status, unless otherwise specifically provided in this agreement, 140 1 nd shall be responsible for and shall s h vdeferred and/or additional sinterest Property att hd Pu hallhold Sellerr completely harmless s teef om. Howeerr,ifas a result ofthe Seller's actions prior to closing, the eher isi qalif disqualified 142 from its entitlement to special use assessment or loses its deferred property tax status,Seller shall be responsible for and shall pay at or before closing, 143 all deferred and/or additional taxes and interest which may be levied against the Property and shall hold Buyer completely harmless therefrom. 144 ADDITIONAL LAND SALES CONTRACT/TRUST DEED PROVISIONS:Legal fees for contract preparation to be paid by:❑Seller or OBuyer(indicate 146 which).If this transaction is for a real estate contract or trust deed, after closing date Buyer agrees to pay when due all taxes and liens placed on the 146 c o property and have fire and standard extended coverage insurance satisfactory to Seller on the property. Buyer's breach of any contract/trust deed term 147 .N shall entitle Seller to all rights available by contract/trust deed,in law or in equity,including the right to call the balance due and payable and to be reimbursed 148 $ for all costs and reasonable attorney's fees.Unless assumed by Buyer,Seller to pay all prior indebtedness on the property when due.The Buyer has the 149 • option to pay any such prior indebtedness,if Seller fails to do so,and apply the amount paid against the sums due on the contract/trust deed. 150 MEDIATION/SMALL CLAIMS/ARBITRATION:Seller(s),Buyer(s),Selling REALTOR'firm and all other real estate licensees involved in this transaction 151 each agree that all claims,controversies and disputes,whether they be statutory,contract or in tort(including claims of misrepresentation,concealment, 152 negligence,fraud and for fees or commissions)between or among any of them which arise out of or are related to this agreement, or which relate to 163 the interpretation or breach of this agreement(hereinafter collectively referred to as"Claims")shall be resolved in accordance with the mediation,small 154 4 claims and arbitration provisions specified herein. The obligation of all parties to comply with these provisions shall survive closing of the sale and tss i° purchase of the property.The following matters are excluded from these provisions and do not constitute Claims:(a)judicial or non-judicial foreclosure, 156 {o o forfeiture or any other action or proceeding to collect any amount secured by or to enforce or for breach of a trust deed, mortgage or land sale 157 a 8 contract; (b) a forcible entry and detainer action; or (c) the filing or enforcement of a construction lien. The filing of a notice of pending action ((is ,sa o-- g' pendens) or the application to any court having jurisdiction thereof for the issuance of any provisional process or other remedy described in Oregon too o`-5 rules of civil procedure 79 through 85 (or corresponding federal remedies) including a restraining order, attachment or appointment of receiver shall teo a not constitute a waiver of the right to,or waiver of the duty to,utilize the procedures specified herein. The proceeds resulting from the exercise of any 161 such remedy shall be held by the party obtaining such proceeds,for disposition as may be determined either by an agreement of the parties pursuant 162 to a mediation,by the Small Claims judgment or by the arbitration award. 163 1.t)$ MEDIATION: All Claims shall be submitted to mediation in accordance with the rules and procedures of the Home Seller/Home Buyer's Dispute 164 Resolution System of the National Association of REALTORS'. 185 m E SMALL CLAIMS: All Claims that have not been resolved by mediation and which are within the jurisdiction of the Small Claims Department of the 166 El§ District Court of the State of Oregon shall be brought and determined there,and all parties waive their right to a jury trial with respect to such Claims. 167 C ARBITRATION:All Claims that have not been resolved by mediation(including a non-resolution due to the inability of the parties to agree on a mediator) too 2 and which are not within the jurisdiction of the Small Claims Department of the District Court of the State of Oregon, shall be resolved by arbitration toe F-' in accordance with the then effective arbitration rules of the Arbitration Service of Portland or the American Arbitration Association, whichever 170 organization is selected by the party who first initiates arbitration by filing a Claim in accordance with the filing rules of the organization selected,and 171 • any judgment upon the award rendered pursuant to such arbitration may be entered in any court having jurisdiction thereof. 172 NOTE:Fill in preprinted number from Page 1 is Earnest None-�y��R,,ecceeipt Na q i...5,5_00z, © 1993 Portland Board of REALTORS° (Rev. 10/93) Buyers Initiafs�+"� Oate REALTOR. SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY-Page 2 of 3 ` /0-20- REALTOR'S COPY Sellers Initials.Veg... Date (,19/2.0/,(Z.'1 - N TO BE COMPLETED T1 EOFCON1KACI: Inetouowingagencyrekl/1011S1 Nt;i ,1 ° , '1°w•,..,.....0 •..,,,... .•....•..~••- _•'••___. n (.) !411 �l� sellin.QrALT9R'}-pfD S ling A 7R'firm)is the agent of(check one): »• 5, the B&lyer ex lusivel -1- • a•- of ,uyer. - a eflaf exclusively as an gent of the oeller. both the Seller and the Buyer as 175 -31 set out i the in-company agreement. 178 (3. (b) (listing agent if not the same as selling agent)of (listing broker)is the agent of 177 . (check one): the Seller exclusively as Seller's agent. both the Seller and the Buyer as set out in the in-company agreement. 178 RECEIPT FOR EARNEST MONEY: The undersigned Selling REALTOR' firm acknowledges receipt of earnest money (which Selling REALTOR' firm 179 agrees to handle as provided below)from Buyer in the sum of$ •4°C' evidenced by❑CASH,❑CHECK(bank/branch) 180 �' , ROMISSCJ�Y NOTE,payable before 181 M 1 /N a2 N1102. +/ �/Vv.m,/• s /U �� „f, • 1112 -,,, EARNEST MONEY INSTRUCTIONS: Buyer instructs the undersigned Selling REALTOR irm: (check one) (1) ❑ To •eposit the earnest money in 183 wSelling REALTOR' Firm's client's trust account or(? posit with as escrow or (3)❑ Once funds are 18+ collected transfer earnest money from Selling REALTOR' firm's client's Trust Account to . SELLING REALTOR' 185 a FIRM SHALL HAVE NO FURTHER LIABILITY WITH RESPECT TO THE EARNEST MONEY AFTER DEPOSIT PER (f • TRANSFER PER lee a1 (3) / 187 ci Selling REALTOR firm: ii.iaf►<d. ■_ �L. . By Agent • 7u _ r Branch Address: BZZ/ .— - " 1 ,��j ) fr� Phone: ••r�l - '°A. F. : or, - -D ' lea Main Office Address 14°77 JAA� iJT UL` l' ' one: ' i .•1 F.X: 1B0 (SELECT ONE): 191 A O Buyer acknowledges receipt on Date: , 19 ='-': P.M., of a copy of Seller's • ••-• 92 r'F, disclosure dated ; 193 2e ❑ Buyer acknowledges receipt on Date: Ail 1�4 A.M.; of a copy of Seller's written 194 • N disclaimer regarding the prop 95 o ❑ Buyer has not rece :• of either Seller's property : osu - or written dis I -r. 196 1(o Buyer has a statu • • revoke Buyer's offer within five business •-ys aft- - eipt of Seller's property disclosure, or within seven business 197 o days - : - • of Seller's written disclaimer,or any time before closin. • '-r does not receive either a disclosure or disclaimer. 198 Buyer❑waives❑does not waive Buyer's right to revoke.Seller authorizes the listing broker to receive Buyer's notice of revocation,on Seller's behalf, 199 cu Delivery of photo,telefax,carbon or NCR copies of an original signed document shall be treated the same as delivery of the original. 200 BUYER(Print full name(s): f �1 -te . Pe Q IA4115 ;71 m(l �r Z-- 201 HEREBY ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY HEREOF WHICH BUYER HAS FULLY READ AND UNDERSTANDS AND 202 ACKNOWLEDGES THAT BUYER HAS NOT RECEIVED OR RELIED UPON ANY STATEMENTS MADE BY SELLER OR ANY REAL ESTATE AGENT 203 WHICH ARE NOT HEREIN EXPRESSED.NEITHER SELLER NOR AGENT WARRANTS THE SQUARE FOOTAGE OF ANY STRUCTURE OR THE SIZE 204 OF ANY LAND BEING PURCHASED.IF SQUARE FOOTAGE OR LAND SIZE IS A MATERIAL CONSIDERATION,ALL STRUCTURES AND LAND SHOULD 205 BE MEASURED BY BUYER PRIOR TO SIGNING THIS SALE AGREEMENT. �., • \ �/�� 206 2• Deed or contract to be prepared in the name of: L L--•U r'` ' �/ 207 o▪ This offer shall automatically expire on Date: /D A' 19 ' - AM.; �.O DPM., if not accepted within that time. 208 • However, Buyer may withdraw this offer any time prior to acceptance. This offer may only be accepted by Seller in writing delivered to Buyer or 209 the undersigned Selling REALTOR' firm. �j 210 Buyer Signature:(A) ` '! 44 or 1. 0 Date: /0 20, 19Ci ; A.M.;�'�P.M. 211 ' r� I y / T Buyer Signature. ' allli ,�n Date: ' o_2O 19 • A.M.;S'a�.M. 212 Address: 15e) --2 7 � )-6 L K kinet! / Zip ‘77V.V% 213 Phone:Home !-a 7 Z:) Work (A) -4=03) — 3 214 PRESENTATION DATE:This offer was presented to Seller on:Date ./C0/71'0 f'J Seller's Initials: 215 OSeller hereby accepts the foregoing off Seller agrees to pay to the above-na d Selling REALTOR'firm or,if this is a co-op transaction,the listing 216 broker, thg sum of $ at closing for services rendered in this transaction. Seller hereby grants such Selling 217 REALTOR firm or listing broker a lien on he proceeds of sale to secure payment of said sum,and irrevocably assigns to such Selling REALTOR'firm 218 or listing broker an amount of those proceeds equal to said sum. Seller authorizes listing broker to order a title report and title insurance at Seller's 219 expense and further authorizes them and escrow to pay out of the cash proceeds of sale the expenses of furnishing title insurance,Seller's recording 220 fees,Seller's closing costs and any encumbrances on the property payable by Seller on or before closing.Seller is a U.S.citizen unless otherwise stated 221 - herein(See FIRPTA clause Lines 133 through 137.)SELLER ACKNOWLEDGES RECEIPT OF A COMPLETELY FILLED IN COPY OF THIS AGREEMENT, 222 (% WHICH SELLER HAS FULLY READ AND UNDERSTANDS. Seller acknowledges that Seller has not received or relied on any statement made by any 223 o real estate agent which is not herein expressed.In the event Buyer fails to complete the sale as herein provided,the earnest money shall be distributed 224 - as follows after deduction of any title insurance and escrow cancellation charges:(check one)❑First to the listing broker,to the extent of the agreed 225 $ commission just as if the transaction had been consummated,with residue to Seller;or ❑ 226 Z SELLER(Print full name(s): 227 Seller Signature:(A) Date: , 19 A.M.; P.M. 228 Seller Signature:(B) Date: , 19 A.M.; P.M. 229 Address: Zip 230 Phone:Home Work(A) Work(B) 231 ❑ Buyer acknowledges the foregoing agreement and acknowledges receipt of a copy thereof signed by Seller. 232 h PDate:, 19 A.M.;, P.M. 233 - SIGNATURES:Buyer Buyer 234 REJ CT1ON/COUNTEROFFER: 235 Seller does not accept the tifigoing offer,but mikes thee tta hed counteroffer;OR❑ Seller rejects Buyer's offer without a counteroffer. 238 SELLER(Print full na s l S e i ht.`" t `�k t Seca 237 c Seller Signature:(A) e/ a�-J -- Date: /at° 4's 19 ; A.M.; P.M. 238 41 0 �� Seller Signature:(B) Date: , 19 A.M.; P.M. 239 Address: ( 1 0 (! (4.,iD C - £ ) u d 'A-r'4 v G Zip 7 2-b.,/ 240 Phone:Home 67 Q 1 — 1 '7 3 3 Work(A) g,f--/ ^C)/S J _ Work(B) 241 o.1 c Co-op transaction between above named Selling REALTOR' firm and (listing broker)and 2.2 84 (listing agent).Selling REALTOR'Firm to receive %of purchase price. 243 Listing broker phone: FAX: 2.4 Listing Broker initials Selling Broker initials 245 I NOTE:Fill in preprinted number from Page 1 I . I l Earnest Money Rece1W No. !7.-i I k 0 1993 Portland Board of REALTORS'(Rev. 10/93) REALTOR' SALE AGREEMENT AND RECEIPT FOR EARNEST MONEY-Page 3 of 3 REALTOR'S COPY PORTLA''^ BOARD OF REALTORS OWNER'S COL ER OFFER • To Me-x ■ .c35 + -IJ� Broker Under date of /C' -Zek_ , 19 , e.11aNd `at►.3 :.a• & . _.s] . .. - 1 as Purchaser offered in writing to purchase from the undersigned Seller,the following described pr+perty: p1/4-12:7-.tea T-L,...A.--T— l ic'j -sue, JZT2- X i /5 13L so._ ©0703 W Wr N.G T ri C i tii cni on the terms and conditions set forth in Purchaser's offer, reference to which hereby is made. Having considered the said offer, but not being satisfied therewith, the undersigned Seller hereby makes the following counter-offer and agrees to accept and consummate the sale of said property for the price and on terms and conditions as follows: 4 4- /owl 0 b k -12 S ,i►2r-- `1D 20 0 f iJ Tff'4-T , Ci-kl►'R E--- 3 • _ •.! IiLY -.. /:E■ ' fl21— %nr�l �C�f�S 'TO � Tn T �� s/ti 1 1 Any part of Purchaser's original written offer not changed as set forth above is approved and accepted by the Seller;time is of the essence of this counter-offer and unless the Purchaser accepts the same,in writing within days from the date hereof,this cptfifer-o.•-r shall automatically esire and be of no force and effect. S - Seller 0• , 1 . 0 � . . _ Seller Dated l {/� /i-'S , 19 ,A.M. G01�� I PURCHASER'S ACCEPTANCE OF SELLER'S COUNTER-OFFER Dated /Z) -13 19 5 , A.M., I (we) hereby accept Seller's counter-offer and agree to purchase said property in accordance with the terms and conditions of said counter-offer. Purchaser ,iii L. / /aJi d/4 // Purchaser Dated ! 6 -0 , 1b- , A.M Gip SELLER'S AGREEMENT AND CLOSING INSTRUCTIONS Dated /a 2 3 , 1 �, A.M., P.M. The Purchaser having accepted my counter-offer, I agree the above named broker, or if this is a co-op transaction the listing broker at closing of this transaction, the sum of$ for services rendered in this transaction. Seller hereby grants such broker or listing broker a lien on the procee s of sale to secure payment of said sum. Seller authorizes broker or listing broker to order title report and title insurance at Seller's expense, and further authorizes them and escrow to pay out of the cash proceeds of sale the expenses of furnishing title insurance, Seller's recording fees, Seller's closing costs, and any encumbrances on the property payable by Seller on or before closing. In the event Purchaser fails to complete the sale as herein provided, forfeited earn monies shall be distributed as follows after deduction of any title insurance and escrow cancellations charges: -to broker, or if this is a co-op transaction to the listing broker, to the extent of the agreed commission,just as if the transaction had been consummated, with residue to Seller I acknowledge receipt of executed copies of the said original offer o m counte -offer and of thi ntract bearing Buyer's signature. l S Seller I Lill I " G12 i'�/J " Seller REALTOR° AEALI OZ'S COPY / v Aux-10 • Li' . • . . 0 ► ' r' I a 1 � a' ►1C 4,, . ■.• .. ' 1 jf q ... .. . 1i ` S.W. NORTH DAKOTA ST. - , D :,..-...,• .---N-----7- -•---r—-7-V"bcm 4134-7.7,4 a ir.nr I /1 RZ I:8' :11 . \ . . . 5-'=1::-T,' /Kit - -7,714- -1\i„. • I'l m) .,,....,,-.1-. ell.. ;?s; il-t(y, A-,---- r--V„,r-- , i 1---rij" 1� - ! e a`'�'� N \\\ 0.i.,, v.:fc:...: : .• . tg-1 s,Nc -- ° kz,,, . 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' "14.' tO�_ :'';ii.'}:;;4 `i?-4,1,�_• •Tc'v f4;iia' i_s i _.j : ':t,j % ltf.:16 4r.,d, . 0 ' PE ..''',!:•..:-,;;.;14•.,i': • 1 4 v ,. ._.•�<L i! :( c fi`r. ?� `'.,,4 7`7'•.t.;. 2 ./ 1_-i .* : '• : ` -� " Yi :t tij.r "i L1��f M + � ‘. 4,a._` •�tvC �r '4 ' - %... ' • '• s L.,. ts* 1c- -,. ,451. i, it 'A-,1-F.-.1.0%.,,v, ,"`:{f%' , • - Y�..0 .Lf'7.•..'`y•7:-� •- .•_.i � � -- ^.?,�77 1 ,r�1J.'• •1•y;, F' 4F7�"? Rf ' ;1'-4: "�C`n7 f . _ yr- : ida j 2 � f : A _py � .- ,. ' phi- J. 1 t. . [..43:1?,1 , li`;' PARCEL 2 i 1; �If , tract or lane Situated in the Northwest 1/4, Section. 4 T .c +E �. R.l ., W.u., City of Tigard, �dashington County, O:eoon, J inc -e >, rt described as fo_lo is: .:--. :' • �+.o.. tea. �cui=_r..r =: CO ii4Ei'Cif G at the west 1/4 corner of Said Section 34; thence, t •�� - along the west line of said Section 34 , North 0010 '43n. West, }} mot. r. 835.57 feet; thence, North 39°54'18" East, 35.00 feet to a point ta5� on the east right-of-way of „S.W. North Dakota St. and the true i i;8'' point of beginning; thence, along the said east right-of-way the � � North 0 °10 '43" Pest, 195.55 feet; thence; ,�*� e e r feet; ',? following courses , 4,1,-.4k.:: c1- . p,. t� th S°31'SC w East, , North 18°49' 12 " East, 9.11 feet; thence, Nor ,..�..., , 57.96 fa t; thence, North 0°l0 '48" West, 76.6€ feet to a point 1 -z ck,. • • 50 .00 feet from, when measured at right angles to, the centerline � ` ' of S.W. Scrolls Ferry Road; thence, parallel with and 50 .00 feet :�� .^w' :_ from the said centerline, North 84°21 '49" East, 243.14 feet; r0F,4.. ` t S,nee, parallel with the west line of that tract of land con- ;-� �"- veyed to Portland Fi.::t:ure Company, described in Fee No. 73-9703, l ti Washington County deed records, South 0°05'42" East, 361.45 feet; i,lf ' thence, South 89°54 ' 18" West, 253.00 feet to the true point of t;..7.•-;;;;..,: • b'=9 inn'-n9• s;.;r�cr c^_�.e,t X -- ;' Canty of=`.:a.shk:cien 1 u.-:,.,--4, Contains 87,034 square feet. r•' I.Jerry R.Hanson meter of Assessment r t- "2i, '' an:I icx_icn oc^'.':-.•:.�•t,_.�CCrd^r cf(a:,- „�'.�• ve "nces fc�::s`�t":."''a `sreb co'niiv •'~'. ? shot the ',ict-1 i�•sLaIra e:+„F"wjt,og t'tas . ,, rec3:veti , r'Z;�r�=?Y±`7^..._r_<-',1 .-.:,c:C;s CO i�'r .i:ap. ..:,ICI G.^.il i� .`nti.:^.; -• ; ::� � �1.y,� • - . 1�:.ti . " et: 1:, : . w r:;• �.i . ..1.-;:::!,.";:k.--.te!.' . :::.-s.. .N '/ a • Doc . 92023707 ;t ; ..Y 1 .ect: 75017 ?03.04 ti; - , 'z.rt. s 04/10%].99:. 03: 10:47 :1 ,_ :_`+ . .-w►•---;c---- -- . cr.i -_:r►:i??F:'rr �•.rr�.•� �. -�1•^' •t Sx..:._.. .-_ r:av'�': s.. «'. T• •.::1i�tA J::�_ �[•l }L:. _1..1 iA:�-.ii4:1,w: :,r Q'. •3 1.`•1•:L.`:••`.6 .rear_.` ..r..•'. -.�- _ _ _ �'- .—nevi•�p•,..�_� ..a=.-. q,.— —I tr:r•—s��wT-7 .T;.—.,.x.17:Tr_ir—.fir til-t 1•, qtr.• 'A. �i •r- %•+''•Lab,.•,• ,.P s:l.s-'7. ..;: '!• - " . -•i. r •4;...,, 'q. • :1fi j�-:�;. nr.•�. ' •.b.4,- y.-w• State Oregon City Tigard Cell ID. SW N. Dakota St. MICROCELL SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT (this "Lease") is entered into this y-'`;' day of March, 1995, between BERSHENGLE ENTERPRISES, L.L.C. , an Oregon Limited Liability Company, ("Landlord") and INTERSTATE MOBILEPHONE COMPANY, a Washington general partnership ("Tenant") . 1. Premises. Subject to the following terms and conditions, Landlord leases to Tenant exclusive use of a portion of the real property (the "Property") described in the attached Exhibit A. Tenant' s use of the Property shall be limited to that portion of the Property together with easements for access and utilities, described and depicted in attached Exhibit B (collectively referred to hereinafter as the "Premises") . The Premises, located within Parcel 1, of PARTITION PLAT NO. 1993-058 , as found in Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon, comprises approximately 300 square feet. 2 . Term. The initial term of this Lease shall be five years, commencing on the first day of the month following four (4) months from the Execution Date of this Lease (the "Commencement Date") , and terminating at Midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. 3 . Permitted Use. The Premises may be used exclusively by Tenant only for permitted uses, which are the transmission and reception of radio communication signals in the 800-900 megahertz frequency range and for the construction, operation, maintenance, and repair of microcellular antenna facilities: antenna pole, antennas, coax, electronic equipment and microcell equipment cabinet(s) or vault (s) and related improvements described in attached Exhibit C and/or to replace antennas (with antennas of equal or smaller size) or electronics within equipment cabinets or vaults. Tenant shall obtain, at Tenant's expense, all licenses and permits required for Tenant's use of the Premises from all applicable government and/or regulatory entities (the "Governmental Approvals") and may, prior to the Commencement Date obtain a title report, perform surveys, soils tests, and other engineering procedures on, under and over the Property, necessary to determine that Tenant's use of the Premises will be compatible with Tenant' s engineering specifications, system Page 1 design, operations and Governmental Approvals. Landlord agrees to reasonably cooperate with Tenant (at no cost to Landlord) , where required, to perform such procedures or obtain Governmental Approvals. 4 . Rent. a. Upon the Commencement Date, Tenant shall pay Landlord, as rent, the sum of Four Hundred Dollars ($400) per month ("Rent") . Rent shall be payable on the first day of each month in advance to, BERSHENGLE ENTERPRISES, L.L.C. , at Landlord' s address specified in Paragraph 12 below. b. Rent shall be adjusted on each annual anniversary of the Commencement Date throughout the initial term and any Renewal Term of this Lease (each date of adjustment being referred to as an "Adjustment Date") by multiplying the Monthly Rent then in effect by the CPI Adjustment. The "CPI Adjustment" shall be a fraction, the numerator of which shall be the CPI for the Adjustment Date and the denominator of which shall be the CPI for the Commencement Date (as to the first rental adjustment) or the immediately prior Adjustment Date (as to subsequent adjustments) . "CPI" shall mean the All Items, All Urban Consumers Price Index for the Portland-Vancouver Consolidated Metropolitan Statistical Area (1982-84=100) , as published by the United States Department of Labor, Bureau of Labor Statistics. If the CPI is discontinued or revised during the term hereof then such other index or computation with which it is replaced or another index reasonably chosen by Landlord and Tenant shall be used. If the CPI is not published for the Commencement Date or any Adjustment Date, then the CPI published closest to and after such date shall be used. In the year in which each Adjustment Date occurs, Landlord shall submit a statement to Tenant reflecting the increase, if any, as herein provided. If such statement is delayed, Tenant shall continue to pay the Rent then in effect and shall promptly pay to Landlord any deficiency in Rent due upon submission of said statement. In no event shall monthly Rent be less than that in effect immediately preceding the applicable Adjustment Date. In no event shall the CPI adjustment exceed 5% of the monthly rent in effect immediately preceding the applicable Adjustment Date. c. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated as of the date of termination for any reason other than a default by Tenant, and all prepaid Rents shall be refunded to Tenant. d. If Tenant shall not have obtained all Governmental Approvals necessary to construct, operate, occupy and maintain a cellular antenna facility within 1 year from the Commencement Date specified above, then Tenant shall, by notice to Landlord, have the right to cancel all rights and obligations under this Lease, provided Tenant reimburses Landlord for actual, reasonable, legal or other preparatory expenses incurred to a maximum of $500. 00. Page 2 5. Renewal . Tenant shall have the right to extend this Lease for five additional, five-year terms ("Renewal Term") . Each Renewal Term shall be on the same terms and conditions as set forth herein except that Rent shall be adjusted as identified in paragraph 4-b above. This Lease shall automatically renew for each successive Renewal Term unless Tenant shall notify Landlord, in writing, of Tenant's intention not to renew this Lease, at least 60 days prior to the expiration of the term or any Renewal Term If Tenant shall remain in possession of the Premises at the expiration of this Lease or any Renewal without a written agreement, such tenancy shall be deemed a month-to-month tenancy under the same terms and conditions of this Lease. 6. Interference. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or other tenants or licensees of Landlord, with rights to the Property prior in time to Tenant's (subject to Tenant's rights under this Lease, including non-interference) . Similarly, Landlord shall not use, nor shall Landlord permit its tenants, licensees, employees, invitees or agents to use, any portion of Landlord' s properties in any one or more of the following ways: a. In any way which would interfere with Tenant's physical access to the property as provided in Section 7 (d) of this lease agreement, or b. In any way which would interfere with the permitted use as described in Section 3 of the lease agreement, including, but not limited to, allowing ham operator radio transmission or other radio or communications transmission which would disrupt or interfere with Tenant's permitted use, described herein. 7 . Improvements; Utilities; Access. a. Tenant shall have the right, at its expense, to erect and maintain on the Premises microcellular antenna facilities: antenna pole, antennas, coax, and microcell electronics and equipment cabinet(s) or vault(s) as identified on Exhibit C, (collectively the "Antenna Facilities") . Landlord's prior consent to the plans and specifications for improvements shall be required but shall not be unreasonably withheld or delayed and shall be deemed given as to those items listed in Exhibit C hereto. Tenant shall cause all construction to occur lien-free and in compliance with all applicable laws and ordinances. The Antenna Facilities shall remain the exclusive property of Tenant. Tenant shall remove the Antenna Facilities upon termination or expiration of this lease and shall return the Premises to approximate original condition. Page 3 b. Tenant shall, at Tenant's expense, keep and maintain the Premises and improvements now or hereafter located thereon in commercially reasonable condition and repair during the term of this Lease. c. Tenant shall separately meter and pay any additional utilities charges due to Tenant's use. Tenant shall have the right to install utilities, at Tenant's expense, and to improve the present utilities on the Premises. Landlord hereby grants an easement to permanently place any utilities on, or to bring utilities across, the Property in order to service the Premises and the Antenna Facilities. d. As partial consideration for rent paid under this Lease, Landlord hereby grants Tenant an easement ("Easement") for ingress, egress and access (including access as described in paragraph 1) to the Premises adequate to service the Premises and the Antenna Facilities at all times during the term of this Lease or any Renewal Term. Upon notice, Landlord shall have the right, at Landlord's sole expense, to relocate the Easement to Tenant, provided such new location shall not materially interfere with Tenant ' s operations. Any Easement provided hereunder shall have the same term as this Lease. e. Tenant shall have 24-hour-a-day, 7-day-a-week access to Premises at all times during the term of this Lease and any Renewal Term. 8 . Termination. Except as otherwise provided herein, this Lease may be terminated, without any penalty or further liability as follows: a. upon 10 days' written notice by Landlord if Tenant fails to cure a default for payment of amounts due under this Lease within that 10 day period; b. upon 30 days' written notice by either party if the other party defaults and fails to cure such default within that 30-day period, or such longer period as may be required to diligently complete a cure commenced within that 30-day period; c. upon ninety (90) days' written notice by Tenant, if it is unable to obtain, maintain, or otherwise forfeits or cancels any license, permit or Governmental Approval necessary to the construction and/or operation of the Antenna Facilities or Tenant 's business; d. upon ninety (90) days' written notice by Tenant if the Premises are or become unacceptable under Tenant's design or engineering specifications for its Antenna Facilities or the communications system to which the Antenna Facilities belong. e. immediately upon written notice if the Premises or Property are destroyed or damaged so as in Tenant 's reasonable judgement to substantially and adversely affect the effective use Page 4 of the Premises. In such event, all rights and obligations of the parties shall cease as of the date of the damage or destruction, and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant. If Tenant elects to continue this Lease, then all Rent shall abate until the Premises are restored to an usable condition. f. at the time title of the Property transfers to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premises unsuitable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with respect to such taking. Sale of all or part of the Premises to a purchaser with the power of eminent domain in the face of the exercise of the power, shall be treated as a taking by condemnation. g. On expiration or termination of the lease terms, Tenant shall, at its expense, deliver and return possession of the leased property to the Landlord in the same condition, appearance and functional order as when first leased, reasonable wear excepted, and shall remove all 'of Tenant's personal property, both above ground and underground, prior to such delivery. 9. Taxes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes attributable to, the Antenna Facilities. Landlord shall pay when due all real property taxes and all other fees and assessments attributable to the Premises. However, Tenant shall pay, as additional Rent, any increase in real property taxes levied against the Premises (excluding any additional taxes that relate to the period prior to the Commencement Date, i.e. roll-back taxes) which is directly attributable to Tenant's use of the Premises, and Landlord agrees to furnish proof of such increase to Tenant. 10. Insurance and Subrogation. a. Tenant will provide Commercial General Liability Insurance in an aggregate amount of $1,000, 000, and name Landlord as an additional insured on the policy or policies. Tenant may satisfy this requirement by obtaining appropriate endorsement to any master policy of liability insurance Tenant may maintain. b. Landlord and Tenant hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. 11. Hold Harmless. Tenant agrees to hold Landlord harmless from any and all claims arising from the installation, Page 5 use, maintenance, repair or removal of the Antenna Facilities, except for claims arising from the negligence or intentional acts of Landlord, its employees, agents or independent contractors. 12 . Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by overnight carrier to the following addresses: If to Landlord, to: If to Tenant, to: BERSHENGLE ENTERPRISES, L.L.C. INTERSTATE MOBILEPHONE CO. Attn: Bob Engle, Attorney 610 Glatt Circle dba Cellular One Attn: Real Estate Manager Woodburn, OR 97071 P.O. Box 1119 Portland, OR 97207 with a copy to: with a copy to: ,McCaw Cellular Communications 12112 115th Avenue N.E. Kirkland, Washington 98034 Attn: Legal Department 13 . quiet Enjoyment, Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power, and authority to execute this Lease; (ii) it has good and unencumbered title to the Premises free and clear of any liens or mortgages except those disclosed to Tenant which will not interfere with Tenant's right to or use of the Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinances, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord. Landlord covenants that at all times during the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenant is not in default beyond any applicable grace or cure period. 14 . Environmental Laws. Tenant represents, warrants and agrees that it will conduct its activities on the Premises in compliance with all applicable Environmental Laws (as defined in attached Exhibit D) . Landlord represents, warrants and agrees that it has in the past and will in the future conduct its activities on the Property in compliance with all applicable Environmental Laws and that the Property is free of Hazardous Substances (as defined in attached Exhibit D) as of the date of this Lease. Landlord shall be responsible for, and shall promptly conduct any investigation and remediation as required by any Environmental Laws or common law, of all spills or other releases of Hazardous Substance, not caused solely by Tenant, that have occurred or which may occur on the Property. Page 6 Tenant agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, causes of action, demands and liability including, but not limited to, damages, costs, expenses, assessments, penalties, fines, losses, judgements and attorney's fees that Landlord may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, that relate to or arise from Tenant's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from and against any and all claims, causes of action , demands and liability including, but not limited to damages, costs expenses, assessments, penalties, fines, losses, judgements and attorney's fees that Tenant may suffer due to the existence or discovery of any Hazardous Substance on the Property or the migration of any Hazardous Substance to other properties or released into the environment, that relate to or arise from Landlord' s activities during this Lease and from all activities on the Property prior to the commencement of this Lease. The indemnifications in this section specifically include costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal or restoration work required by any governmental authority. 15. Assignment and Subleasing. Landlord agrees that Tenant may assign or sublet this Lease, and all rights, benefits, liabilities and obligations hereunder, to any person or business entity which is licensed by the FCC to operate a wireless communications business, is a parent, subsidiary or affiliate of Tenant, controls or is controlled by or under common control with Tenant, is merged or consolidated with Tenant or purchases a majority or controlling interest in the ownership or assets of Tenant. Upon notification to Landlord by Tenant of any such action, Tenant shall be relieved of all future performance, liabilities and obligations under this lease. Tenant may not otherwise assign or sublet this lease without Landlord's consent, not to be unreasonably withheld or delayed. 16. Successors and Assigns. This Lease shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective successors, personal representatives and assigns. 17 . Waiver of Landlord's Lien. Landlord hereby waives any and all lien rights it may have, statutory or otherwise, concerning the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, regardless of whether or not same is deemed real or personal property under applicable laws, and Landlord gives Tenant the right to remove all or any portion of same from time to time in Tenant's sole discretion and without Landlord's consent. Page 7 18 . Miscellaneous: a. The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. b. Each party agrees to furnish to the other, within ten (10) days after request, such truthful estoppel information as the other may reasonably request. c. This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements. There are no representations or understandings of any kind not set forth herein. Any amendments to this Lease must be in writing and executed by both parties. d. If either party is represented by a real estate broker in this transaction, that party shall be fully responsible for any fee due such broker, and shall hold the other party harmless from any claims for commission by such broker. e. Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease) necessary to protect its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease, by either party. f. This Lease shall be construed in accordance with the laws of the state in which the Property is located. g. If any term of this Lease is found to be void or invalid, such invalidity shall not affect the remaining terms of this Lease, which shall continue in full force and effect. The Execution Date of this Lease is the 6 day of March, 1995. LANDLORD: BERSHENGLE ENTERPRISES, L.L.C. an Oregon Lim'te ability Company, Y• B • F. Clarke Berryman, sident Federal Tax ID Number 93-1167384 TENANT: INTERSTATE MOBILEPHONE COMP. , a genera p tnershi• _�- By: Iv, lIi • William D. McAllister, General Manager for and on behalf of McCaw Communications of the Pacific Northwest, Inc. , general partner Page 8 STATE OF OREGON ) ss: COUNTY OF MARION) On this 0 day of March, 1995, before me, a Notary Public in and for the State of Oregon, personally appeared F. Clarke Berryman, known to me to be the President of BERSHENGLE ENTERPRISES, L.L.C. , an Oregon Limited Liability Company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and pur.•-es therein mentioned, and on oath stated that he was author' -d to :xecute said instrument. IN WITNESS WHEREOF, I ha•e hereunt4 set my hand and affixed my official seal the da and year first above written. ,f f'1•,. OFFICIAL SEAL ) 0;� ''� ROBERT L. ENGLE () NOTARY PUBLIC - OREGON() '�� () \� COMMISSION NO. 036721 NOTAR' PUBLIC in and for the is •I� MY COMMISSION EXPIRES SEPT.14.1••:( State •f Oregon. My Commission Expires: STATE OF OREGON ) ss: COUNTY OF MULTNOMAH ) On this 2-2! day of March, 1995, before me, a Notary Public in and for the State of Oregon, personally appeared William D. McAllister known to me to be the General Manager of Interstate Mobilephone Co. , dba Cellular One, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.AA- 4 .. ,t a i i k i i t Ei...... ICIAL SEAL NOTARY PUBLIC in and for the B. FR ANKLIl�POLIC•OREGON State of Oregon. ION NO, 417201 My Commission Expires: P r `t'6 IRCS A'J , 4, 1Af 1 / Page 9 EXHIBIT A to the Site Lease Agreement dated March ,r , 1995 between BERSHENGLE ENTERPRISES, L.L.C. , as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Legal Description The Property is legally described as follows: Parcel 1, of PARTITION PLAT NO. 1993-058, as found in Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon. • Page 10 EXHIBIT B to the Site Lease Agreement dated March F , 1995 between BERSHENGLE ENTERPRISES, L.L.C. , as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. The location of the Premises (including easements ) within the Property is more particularly described or depicted as follows: The East 12 feet of the North 25 feet of the South 45 feet of Parcel 1, of PARTITION PLAT NO. 1993-058, as found in Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon. Easement for Ingress, Egress, & Utilities. The East 12 feet of Parcel 1, of PARTITION PLAT NO. 1993-058, as found in Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon, excepting the South 45 feet thereof. Page 11 EXHIBIT C to the Site Lease Agreement dated March j' , 1995 between BERSHENGLE ENTERPRISES, L.L.C. , as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Site Plan Pages 12 a, b, & c, showing drawings of site plan, easements and perspective of pole/antenna/equipment vault are attached hereto as Exhibit C. Page 12 1 12' - REVISIONS TAX LOT 700 'ACCESS TAX LOT 800 'EASEMENT C; o W ' a ":"5 1 Cf j r :\ x v ; 2 . Pi n n 7' SECURITY J 3 N N ' 3' ` 6' 3' FENCE U ` a 10 uY � v 25' p _ z t Q 5' —171711- NN EQUIPMENT 0_ CABINET H- 5' r •• 05 i c„ I 55' MONOPOLE o cn ril 20' SETBACK 1 N N PROPERTY � LINE N pATF• 2/24/95 TAX LOT 403 JlR aY-np' pROJ I SHEET OF • N. DAKOTA ST. 1 1 1 I I 1 1 1 1 II I I 1 1 1 I I I 1 1 ' 1 I 1 I 1 II I 1 I I ' I I 1 I I I I > 0 n 1 ri i 1 1 1 K Ln I m I ' Z I � I --1 --I - I D D x 1 I x x1 x I r 1 I r O O 0 �o N -I I --I I K1 4=.0 1 0 I I O co x » I _N I Z1 U �g ••• I• to R -I I I X I I I 1_ I 1 0 1 CO I I I I 0 I I Cn o CELLULARONE ° A c McCAW CELLULAR COMMUNICATIONS. INC. < rn o �-I ° A 125TH & SCHOLLS SITE PLAN SYSTEMS DEVELOPMENT o Lo 1600 SW 4th AVE.. PORTLAND. OR 97201 in ts Lo (503) 243-3333 -1 I —1 > > X X 1- o 0 -1 N) N) -1 CD - (n J o (n (JA P1 0 CO I I ....-u-i...........c." ----_,...,.....ui_....... n I - - C,i P1 > ' 1 m N ' • — _ I K CI)_ X P, � 1 ,U4 1 , Z (51 > O rrl 1 MO CJC z (.!) Z n Fri n m 0 Pi < c� I z —I rn C -< 0 z 0 --I -H 0 -< I f- -1 m D I X 1 I- I O I -1 CO 1 0 I 0 1 1 =o CELLULARONE ® A r7 \ McCAW CELLULAR COMMUNICATIONS, INC. II, o -1 ° : 1-25TH & SCHOLLS SITE PLAN SYSTEMS DEVELOPMENT to 1600 SW 4th AVE.. PORTLAND. OR 97201 g o ice- (503) 243-3333 1 N. DAKOTA ST. 1 1 1 I 1 I I I 1 1 I1 1 I I I I I II I I 1 I I I I I I I I I I I II I I 1 I I II I I I I I I I I r'l D I 1 mm1 ' K U I I 1 rllU1 I Z I —i -� --1 I D D X I X X 1 1 r- I 0 r I �o N I I V I O I m OO I I LA 1 o 1 L• i `"N- - - - - - - - - - � I II Al p tog z� Z I 1 I y2 I I x I I I r 1 1 I 1 I I O I 1 I 0 1 1 I. =o r J CELLULARONE rn McCAW CELLULAR COMMUNICATIONS. INC. < - - N 125TH & SCHOLLS SITE PLAN SYSTEMS DEVELOPMENT z V• 1600 SW 4th AVE.. PORTLAND. OR 97201 N to 0 (503) 243-3333 TG 12 A REVISKt4S Drawing provided for perspective only. Antenna /tower height to be 55' . Antenna type anticipated as shown. Other antennas subject to owner approval. W Owners do request parking lot lighting, on pole. Z ANTENNAS O z 07 Z n ANTENNAS • n 1 J � - n CIO u V . ' O „� b' N x n 1 POLE COLOR TO —W � NO2 MATCH EXISTING U 3 " n PLAN VIEW PARKING LOT NOT 70 SCALE LIGHT POLE 45' POLE PARKING LOT LIGHTS C =_-.- ----- PER OWNERS REQ. LIJ � N EQUIPMENT U .9 CABINET Pt- U_ 3- 5' - 6 " F—Tr► n ELEVATION VIEW oA,E 10i4/94 NOT TO SCALE [jt Br.nPJ PROJ 1 SHEET 2 or 2 EXHIBIT D To the Site Lease Agreement dated March , 1995 between BERSHENGLE ENTERPRISES, L.L.C. , as Landlord, and INTERSTATE MOBILEPHONE CO. , a general partnership, as Tenant. Environmental Laws As used in this Lease, "Environmental Laws" means all federal, state and local environmental laws, rules, regulations, ordinances, judicial or administrative decrees, orders, decisions, authorizations or permits, including, but not limited to, the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq. , the Clean Air Act, 42 U.S.C. 7401, et seq. , the Federal Water Pollution control Act, 33 U.S.C. 1251, et seq. , the Emergency Planning and Community Right to Know Act, 42 U.S.C. 1101, et seq. , the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601, et. seq. , the Toxic Substances Control Act, 15 U.S.C. 2601, et. seq. , the Oil Pollution Control Act, 33 U.S.C. 2701, et. seq. , and Oregon Revised Statutes, or any other comparable local, state or federal statute or ordinance pertaining to the environment or natural resources and regulations pertaining thereto. As used in this Lease, "Hazardous Substance" means any hazardous substances as defined by the Comprehensive Environmental Response, Compensation and Liability Act, as amended from time to time; any hazardous waste as defined by the Resource Conservation and Recovery Act of 1976, as amended from time to time; any and all material or substance defined as hazardous pursuant to any federal, state or local laws or regulations or order; and any substance which is or becomes regulated by any federal, state or local government authority, any oil, petroleum products and their by-products. Page 13 After recording please return to: McCaw Cellular Communications, Inc. Attn: Real Estate Manager P.O. Box 1119 Portland, OR 97207 MEMORANDUM OF LEASE BETWEEN BERSHENGLE ENTERPRISES, L.L.C. , an Oregon Limited Liability Company, ("LANDLORD") , and INTERSTATE MOBILEPHONE COMPANY, dba CELLULAR ONE, a Washington general partnership ("TENANT") A Lease between BERSHENGLE ENTERPRISES, L.L.C. ("Landlord") and INTERSTATE MOBILEPHONE COMPANY, dba CELLULAR ONE ("Tenant") was made regarding the following premises: The East 12 feet of the North 25 feet of the South 45 feet of Parcel 1, of PARTITION PLAT NO. 1993-058, as found in Partition Book 1993, Page 058, of Plat Records of Washington County, Oregon, in the City of Tigard, County of Washington and State of Oregon. The date of execution of the Lease was March P , 1995. Subject Lease is for a term of five (5) years and shall commence upon written notification by Lessee to Lessor of Lessee's receipt of all governmental approvals or on July a , 1995, whichever occurs sooner (the "Commencement Date") and terminating at midnight on the last day of the month in which the fifth annual anniversary of the Commencement Date shall have occurred. Lessee shall have the right to extend this Lease for five (5) additional 5-year terms. IN WITNESS WHEREOF, the parties hereto have respectively executed this memorandum this e day of March, 1995. BERSHENGLE ENTERPRISES, L.L.C. an Oregon Limited Liability Company, By: F. Clarke Berryman, President INTERSTATE MOBILEPHONE COMPANY, a gene 1 p `tnershi.1 l elmw manor Lti alieair - By: William D. McAllister, GENERAL MANAGER ,for and on behalf of McCaw Communications of the Pacific Northwest, Inc. , general partner Page 14 STATE OF OREGON ) ss: COUNTY OF MARION) On this day of March, 1995, before me a Notary Public in and for the State of Oregon, personally appeared F. Clarke Berryman, known to me to be the President of BERSHENGLE ENTERPRISES, L.L.C. , the Oregon Limited Liability Company, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and the official seal affixed the day and year first above written. NOTARY PUBLIC in and for the State of Oregon. My commission expires STATE OF OREGON ) ss: COUNTY OF MULTNOMAH ) On this 27- day of March, 1995, before me a Notary Public in and for the State of Oregon, personally appeared William D. McAllister, known to me to be the General Manager of Interstate Mobilephone Company, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. WITNESS my hand and the official seal affixed the day and year first above written. c. OFFICIAL.SEAL NO ARY PUBLIC in and for the State t BETTE B. FRANKLIN of Oregon. My commission expires NOTARY PUBLIC-OREGON y G . COMMISSION NO.017261 P1:'r C9MMISS!ON EXPIRES AUG. 4, 1996 Page 15 ter. CITY OF TIGARD ti's, Washington County, Oregon A NOTICE OF FINAL ORDER a BY THE HEARING'S OFFICER CITY OF TIGARD OREGON • Concerning Case Number(s): CONDITIONAL USE PERMIT (CUP) 95-0004 Name of Owner: Berschengle Enterprises LLC Name of Applicant: AT & T Wireless Services Address of Applicant: 1600 SW 4th Avenue/P0 Box 1119 City: Portland State: Oregon Zip: 97207 Address of Property: 12655 SW North Dakota Street City: Tigard State: Oregon Zip: 97223 Tax Map and Lot No(sl.: WCTM 1S1 34BC, tax lot 700 Request ■ A request for approval of a Conditional Use Permit to erect a fifty-five (55) foot tall steel cellular monopole tower with antennas and an electronic equipment shelter to the west of the Oil Can Henry's site. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130 and 18.164. Zone: C-P (Professional Commercial). The Professional Commercial zone allows public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, and business support services. Utilities with significant visual impact are also permitted subject to review and approval of a Conditional Use Permit. Action ■ ❑ Approval as requested ® Approval with conditions ❑ Denial Notice: Notice was published in the newspaper, posted at City Hall and mailed to: ® Owners of record within the required distance ® Affected governmental agencies ® The affected Citizen Involvement Team Facilitator ® The applicant and owner(s) THE DECISION SHALL BE FINAL ON 9-13-95 ,1995 UNLESS AN APPEAL IS FILED Final Decision \ The adopted findings of fact, decision and statement of conditions can be obtained from the City of Tigard Planning Department, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon 97223. Appeal: Any party to the decision may appeal this decision in accordance with 18.32.290 (B) and Section 18.32.370, which provides that a written appeal may be filed within ten (10) days after notice is given and sent. The appeal may be submitted on City forms and must be accompanied by the appeal fee(s) of $315.00 plus transcript costs, not in excess of $500.00. THE DEADLINE FOR FILING OF AN APPEAL 1S 3 30.P.M. ON <` 9.-,13-.95 '; 1995 Questions: If you have any questions, please call the City of Tigard Planning Department at (503) 639-4171. CUP 95-0004 NOTICE OF HEARING'S OFFICER 8/14/95 PUBLIC HEARING AT&T CELLULAR MONOPOLE BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application for a conditional use permit ) FINAL ORDER for a 55-foot tall tower for cellular telephone antennas ) in the C-P zone south of Scholls Ferry Road and east of ) CUP 95-0004 SW North Dakota Street in the City of Tigard, Oregon ) (AT&T Wireless) I. SUMMARY The applicant requests approval of a conditional use permit for a 55-foot tall tower that will support antennas for cellular telephone services and for a related equipment building and associated development. The proposed use will occupy roughly 300 square feet of land at the southeast corner of an existing undeveloped parcel. Access will be provided by means a driveway to a private street north of the parcel and hence to North Dakota Street. The cellular tower site will be fenced and landscaping will be installed on the site and on the host parcel. A duly noticed public hearing was held to review the application. City staff recommended conditional approval. The applicant accepted the recommendation without objections. One occupant of a property adjoining the site testified with questions. The hearings officer approves the conditional use permit as provided herein. II. FINDINGS ABOUT SITE, SURROUNDINGS AND PUBLIC FACILITIES The hearings officer incorporates by reference the findings about the site and surroundings in Section II of the City of Tigard Staff Reported dated August 4, 1995 (the "Staff Report"), and the agency comments in Section IV of the Staff Report. III. APPLICABLE APPROVAL STANDARDS The hearings officer incorporates by reference the approval standards in Section III of the Staff Report. IV. HEARINGS AND RECORD 1. Hearings Officer Larry Epstein (the "hearings officer") received testimony at the public hearing about this application on August 14, 1995. The record closed at the conclusion of the hearing. The testimony is included herein as Exhibit A (Parties of Record), Exhibit B (Taped Proceedings), and Exhibit C (Written Testimony). These exhibits are filed at the Tigard City Hall. 2. At the hearing, city planner Mark Roberts summarized the Staff Report. The applicant's representative, Kevin Martin,accepted the Staff Report including the conditions of approval. Jodi Duty, representing Kinder Care, a nearby daycare center, testified with questions about potential health impacts of cellular telephone transmissions. The hearings officer and applicant's representative responded to those questions. V. EVALUATION OF REQUEST City staff recommended conditional approval of the conditional use permit subject to conditions for the reasons listed in the Staff Report. The hearings officer concludes those reasons are sufficient to warrant approial of the application, and adopts and incorporates those findings about compliance with the Community Development Code and Comprehensive Plan in Section III of the Staff Report as the basis for approval of the conditional use permit. VI. CONCLUSION AND DECISION 1. Based on the findings adopted and incorporated herein, the hearings officer concludes that the proposed conditional use permit complies with the applicable criteria and standards of the Community Development Code,provided development that occurs after this decision complies with applicable local,state, and federal laws and with conditions of approval warranted to ensure such compliance occurs. 2. In recognition of the findings and conclusions contained herein, and incorporating the Staff Report and other reports of effect agencies and public testimony and exhibits received in this matter, the hearings officer hereby approves CUP 95-0004, subject to the conditions of approval in Section VI of the Staff Report. DATE is 24th day : : .gust, 1995. i�ii(e/ :# 1 Larry Eps , ''C _ A City of Ti . d ' • . • :s Officer +GENDA ITEM: 2_2 BEFORE THE LAND USE HEARINGS OFFICER FOR THE CITY OF TIGARD, OREGON Regarding an application by AT & T STAFF REPORT to construct a 55 foot antenna tower CUP 95-0004 and a 60 to 77 square foot equipment shed. I. SUMMARY OF THE REQUEST CASE: Conditional Use Permit CUP 95-0004 SUMMARY: The applicant requests Conditional Use approval to allow construction of a 55 foot cellular tower to improve cellular phone service. APPLICANT: AT & T Wireless Services OWNERS: Berschengle Enterprises LLC P.O. Box 1119 610 Glatt Circle Portland, OR 97207 Woodburn, OR 97071 COMPREHENSIVE PLAN DESIGNATION: C-P (Professional Commercial). ZONING DESIGNATION: C-P (Professional Commercial). LOCATION: The parcel south of the southeast corner of North Dakota and SW Scholls Ferry Road (WCTM 1S1 34BC, tax lot 700). APPLICABLE LAW: Community Development Code Chapters 18.64, 18.100, 18.102, 18.106, 18.108, 18.114, 18.130, 18.132 and 18.164. STAFF RECOMMENDATION: ■ Approval subject to conditions • 11. FINDINGS ABOUT SITE AND SURROUNDINGS A. Background Information: The City has no record of any other recent land use applications having been submitted for this property. The applicant has proposed to develop the cellular phone site to improve cellular phone service for this part of the Beaverton/Tigard Metropolitan Area. HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 1 B. Site size and sh The subject parcel contains approximately .81 acres of which a total of 300 square feet have been leased. The site which has been leased consists of an access easement to a private drive which serve other existing commercial uses and a rectangular leased area which would measure 12 feet by 25. The site is relatively level and contains no existing vegetation. C. Site Location: The site is located approximately 450 feet south of the south east corner of SW North Dakota Street and SW Scholls Ferry Road. D. Existing uses and structures: The subject property is a vacant .81 acre site. The proposed lease hold area for development of the antenna is 300 square feet. E. Surrounding land uses: The properties immediately to the north of the site is a parcel which is zoned Neighborhood Commercial and is developed with a medical office building. To the west of the site proposed for the cellular monopole are remaining vacant areas which are also zoned Commercial Professional. To the south is a property which is zoned Multiple Family Residential (R-25) and is developed with an existing apartment complex. III. APPLICABLE APPROVAL STANDARDS A. Community Development Code: 1 . Section 18.64 (Development Standards) allows Utilities subject to approval of a Conditional Use Permit. The Development Code defines uses such as the proposed antenna tower as a utility which is a conditionally permitted use within Commercial Professional (CP) Zoning District. Section 18.64 specifies that a minimum of 6,000 square feet shall be provided in the CP Zone. The applicant has proposed to lease a portion of a site which is 35,284 square feet in size. For this reason the site meets the minimum development site square footage requirement. The parcel averages 171 feet HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 2 in width rich exceeds the 50 foot average w requirement. Section 18.64 does not require that setbacks be provided other than from the centerline of certain streets, within clear vision areas and for parking lot screening purposes. These standards either do not apply due to the nature of the proposal or are addressed elsewhere within this report. A minimum of a 20 foot setback is required between development within the rear yard of a CP zoned site and an adjoining residential zoning district. Because the site adjoins an R-25 site the applicant has provided a 20 foot setback on the preliminary site plan in compliance with the applicable setback standard. Section 18.64 specifies that a maximum height of 45 feet is permitted for habitable structures. Section 18.98 provides an exemption to this standard which allows habitable structures to be developed up to 75 feet in height provided certain setback requirements are met. Section 18.98 provides an exemption from height limits for all non-habitable structures. Section 18.64 specifies that the minimum landscaping requirement shall be 15 percent. Fifteen percent of the leased area of the site is 45 square feet. The applicant has shown a Photinia Hedge to be planted within a four foot by 25 foot area to the west of the actual lease hold area. The area to be landscaped meets the minimum 15% area standard however the applicant shall demonstrate that as a part of the lease agreement that they are entitled to plant landscaping outside the leasehold area. The applicant shall also demonstrate how the proposed landscaping will be irrigated where necessary. 2. Section 18.100 (Landscaping and Screening) provides standards for landscaping and screening for between uses of varying intensity. This section does not provide specific land use buffers between a Utility use and a residential or commercial use. The applicant has proposed to provide a Photinia Hedge to screen the facility from view of SW North Dakota. The applicant has also proposed to plant two Pine trees towards the apartment site to the south of this property. 3. Section 18.102 (Visual Clearance) requires that a visual clearance area be maintained along the intersections of all public and private right-of-ways. Because no site improvements are proposed at the intersection of the access easement to this site and the existing commercial driveway that no structures have been proposed which would interfere with a motorist's vision entering HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 3 or exiting, .lie site. 4. Section 18.106 (Parking) does not specify a specific parking ratio for an unmanned utility use. Section 18.106.050.J.1 specifies that with the exception one and two family residential dwelling units, temporary uses and fleet storage uses that all areas to be used maneuvering of vehicles shall be paved. For this reason the site plan shall be revised to indicate that the driveway and leasehold areas to be used for vehicle maneuvering are shown to be paved with a minimum of an asphalt surface. Section 18.106 (Bicycle Facilities) requires one bicycle parking space is for each 15 required automobile parking spaces. Because this site is not intended to be an unstaffed utility this standard is not deemed to be applicable. 5. Section 18.108 (Access and Circulation) requires that a pedestrian walkway extend from the ground floor entrances from commercial and industrial development to the streets which'provides the required pedestrian access and egress. Because the site is an unstaffed utility facility this standard is not deemed to be applicable to this proposal. Section 18.108.080 does not provide a minimum standard for utility facilities. • Because the proposal is not planned to be a staffed installation a residential type driveway with 15 feet of access width has been proposed in compliance with the Development Code requirements. This access road is of sufficient width given the limited periodic site maintenance access which is necessary to service this facility. 6. The Americans with Disabilities Act (ADA). Became effective on January 26, 1992. The act requires one disabled person parking space if one (1) to twenty-five (25) parking spaces are provided. Because this facility does not require parking The Building Department will review the site for ADA compliance through the Building Permit Plan Check Review. 7. Section 18.114 (Signage) states that one freestanding sign up to 32 square feet per face may be permitted in the Commercial-Professional zone. Wall signs are limited to five (5) percent of the size of the wall which the sign is to be mounted on. No signs have been proposed as a part of this application. Sign permits must be obtained prior to the installation of any sign on the premises. HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 4 8. Section lb. i 30.040 (Conditional Use Permits) co.Mains the following general approval criteria for a Conditional Use: 1) The site size and dimensions provide: a. Adequate area for the needs of the proposed use; and b. Adequate area for aesthetic design treatment to mitigate possible adverse effects from the use on surrounding properties and uses. 2) The characteristics of the site are suitable for the proposed use considering size, shape, location, topography, and natural features. 3) All required public facilities have adequate capacity to serve the proposal. 4) The applicable requirements of the zoning district are met except as modified by this chapter. 5) The supplementary requirements set forth in Chapter 18.114 (Signs) and Section 18.120.180 Site Development Review are met. 6) The use will comply with the applicable policies of the Comprehensive Plan. The use as revised through the recommended Conditions of Approval complies with all site development standards set forth for the Commercial Professional Zoning District. The property is physically separated from most residential areas due to its location which provide buffers from adjoining residential uses. Existing vegetation will partially screen the monopole from the adjoining multiple residential development to the south. The applicant has not requested that public facilities be made available to serve this development as proposed. All applicable standards of the zoning district are met by this proposal as reviewed within this staff report. The use complies with the site development standards as provided by the applicable standards reviewed within this report. The use is defined as a Minor Impact Utility due to the type of proposed facility. The locational criteria for a Minor Impact Utility is that the site have HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 5 i access t minor collector street. The site is p Dsed to be provided within an easement to commercial driveway which provides direct access to SW Scholls Ferry Road and SW North Dakota which are designated as an Arterial and Minor Collector Streets respectively. Traffic will not be routed through local streets to access this facility. The antenna facility will not generate substantial traffic, light or other impacts because the facility will be an unstaffed utility site. The development of this 300 square foot area will not generate large scale construction impacts due to the type of improvements which are planned. The site will also not require a parking lot area due to the type of proposed facility. Because the facility is an unmanned facility the privacy of neighboring residential areas is maintained. The applicant has also proposed to blend the antenna into the area and reduce the visual impact of the antenna through the planting of trees and shrubs. The antenna itself is depicted in the applicants submittal as being a neutral sky blue or grey in color so as to not draw attention to the structure. No other unique natural features have been noted on this site. The property is level and requires no significant grading or engineering to develop the site as proposed. The applicant has not proposed to develop a site larger than needed for the proposed use which maximizes energy efficiency and convenience. 9. Section 18.164 (Streets and Utilities) contains development standards for streets and utilities. a. Section 18.164.030(A) requires streets within and adjoining a development to be dedicated and improved based on the classification of the street. b. Section 18.164.030(E) requires a Minor Collector street to have a minimum 60 feet of right-of-way, a 40 feet minimum roadway width, and 2-3 moving lanes. c. Section 18.164.070(A) requires sidewalks adjoining both sides of a major collector streets. d. Section 18.164.090 requires sanitary sewer service. HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 6 e. Section 18.164.100 requires adequate provisions for storm water runoff and dedication of easements for storm drainage facilities. The Engineering Department has reviewed the street and public utility needs for this site. Because this facility will not directly adjoin or access a public street no conditions of approval have been recommended concerning street or sidewalk improvements. The applicant has also not proposed to extend utility services to the site. IV. OTHER STAFF COMMENTS The Engineering Department has reviewed the proposal and had no comments or concerns because no public works driveway or to bring utilities to the site. V. CIT & AGENCY COMMENTS 1 . The Land Use Subcommittee for the West Citizen Involvement Team was notified of the proposed Conditional Use Permit. The Involvement Team has not provided any comments or objections to this development. In addition, applicant conducted a neighborhood meeting regarding this request. 2. No other comments were received by the Planning Division. VI. CONCLUSION AND RECOMMENDATION The Planning Division concludes that the Conditional Use request for this existing site will promote the general welfare of the City and will not be significantly detrimental nor injurious to surrounding properties provided that development which occurs after this decision complies with applicable local state and federal laws. In recognition of the findings staff recommends APPROVAL of Conditional Use Permit proposal CUP 95-0004 subject to the conditions which follow. ALL CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. 1 . The applicant shall submit a revised site and landscaping plans that shows provision for the following: STAFF CONTACT: Mark Roberts, Planning Division. a. The driveway and lease hold area to be used for vehicle maneuvering are HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 7 shown t, a paved with a minimum of an asp surface. b. The applicant shall demonstrate that as a part of the lease agreement that they are entitled to plant landscaping outside the leasehold area. The applicant shall also demonstrate how the proposed landscaping will be irrigated where necessary. CONDITIONAL USE APPROVAL SHALL BE VALID FOR EIGHTEEN MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. 41 /��i 8/4/95 Prepared By: Mark Roberts Date Associate Planner C Q,�/ C I l� 8/4/95 Approved By: Dick Bewersdorff � Date Senior Planner HEARING'S OFFICER CUP 95-0004 - AT&T CELLULAR MONOPOLE PAGE 8 ' S it'. NORTII DAKOTA ST. (s.r. 125Th) i N 00•10.4'w 17►.I9• 13(1 „... ,,,,.. II ■ (�-_w w -w {!— i 5aux l& / P1 fir- n } til 7.30• — ""l T r v o a o r N II I I. -d } _�_�� ! 1000 fn a k 6 — q k:f-- n a- . Q, D { N 00.05 �r w 171.0!! H C awn I s..• p 4:, m i 141i 4 ,•'. A ti g ,L Z ..:i.i,: 1 (' i p O . t ' I 1\it. co ! 1 • ,A n j ;• . 'J i E: , N 0 I I r u M • Z D . . M Z • CITY OF TIGARD PLANNING DEPT . I . . 'ERCHERON¢z L ■■ N r gm Tirol I! 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IM -- _ - 'EDG NATE- MILLJI 1 T 4 r I VICINITY EXHIBIT MAP CASE: CUP 95-0004 a NO'T;{ AT&T CELLULAR MONOPOLE Y\GKOAr\T cov\,LgpyrhsxN1] 3113/9s • • CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES NON-RESIDENTIAL /1 •d e CITY OF TIGARD DATE: l / qs STAFF: 1446ei g APPLICANT: II"A p Q�te� AGENT: Da c Phone: ( ) Phone: ( ) PROPERTY LOCATION / /� /� , //\ ADDRESS: I'Z.6S5 L� ( �d4 O4t'co�'CQ OliJ2- I t i Ql� Sc TAX MAPITAX LOT: I S I "3 L4 lr3 C- fo . ! ,* '-7 on NECESSARY APPLICATION(S): �ee ``"'�� 144444— �EvJR-C{) PROPOSAL DESCRIPTION: &(,f;1 i a !, 32 u ' Of i) p � i i / ✓' Q tom. Jr.I'& COMPREHENSIVE PLAN DESIGNATION: �(3 14442.,r'ALr lettO r`�SS�vt ZONING DESIGNATION: G L'Kt'''t•Gec"'ti/ Piro SS)c' to ( C C p� CITIZEN INVOLVEMENT A ) I FACILITATOR: 5es2 TEAM AREA: W 42-.51 PHONE: (503) ZONING DISTRICT DIMENSIONAL REQUIREMENTS Minirriym lot size:‘0,0 q_ ft. Average lot width: CO ft. Maxim m building height: 445ft. Setbacks: front heu.e ft. ' 'sfd�vlo,e .ft. e`r�ar Not? ft. corner out ft. from street. Maximum site coverage: 65 I Minimum landscaped or natural vegetation area; /5 °,'n 9 c ! 4r yr —ioa pav-1C l tL..c4- Q4 (Refer to Code Section 18. ) b� 1°i'�" e9. �.0 6 u y tA.)o 's aev �'' Is Ked—r re—co �l� ADDITIONAL LOT DIMENSIONAL REQUIREMENTS q Minimum lot frontage: 25 feet unless is created through the minor land partition process. Lots created as part of a partition must have a minimum of 15 feet of frontage o ave a minimum 15 foot wide access easement. CITY OF TIGARD Pre-Application Conference Notes Page 1 of 6 NON-Residential appucation/P!anning Department Section • 'The depth of all lots shall not ex( 21/2 times the average width, unless the pan less than 11/2 times the minimum lot size of the applicable zoning district. (Refer to Code Section 18.164.060 lots) SPECIAL SETBACKS Gi e, /� 6Q��1" • Streets: - feet from the centerline of LA.) •ad't • Established areas: - feet from vI • Lower intensity zones: < feet, along the site's boundary. .• 0 1$foot (Refer to Code Section 18.106.040 and 18.96) SPECIAL BUILDING HEIGHT PROVISIONS 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 b_ eat least '/z (half) of the building's height; and c • - 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): Required parking for this type of use: I l sioctGe.. 350 {#- Secondary use required parking: 11/4 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 lmandated by the Americans with Disabilities Act (ADA). A handout is available upon request. A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be posted. 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 1 fifteen (15) required vehicular parking spaces. Minimum number of accesses: VLT Minimum access width: Minimum pavement width: 11 All driveways and parking areas, except for some fleet storage parking areas, must be paved. Drive-in use queuing areas: s'1 a (Refer to Code Section 18.106 and 18.108) _ J CITY OF TIGARD Pre-Application Conference Notes Page 2 of 6 NON-Residential application/Planning Department Sono WALKWAY REQUIREMENTS- -- Walkways shall extend from the and floor entrances or from the ground flt, anding 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 compleses. Unless impractical, walkways should be constructed between a new develpment and neighboring developments. (Refer to Code Section 18.108.050) — LOADING AREA REQUIREMENTS 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. (Refer to Code Section 18.106.070-090) CLEAR VISION ARE The City requires that clear vision areas be maintained between three and eight feet in height at road/driveway, roadlrailroad, 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) _____......) BUFFERING AND SCREENING ---- --- In order to increase privacy and to either reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must he occupied by a mixture of deciduous and evergreen trees and shrubs and must also achieve a balance between vertical and horizontal plantings. Site obscuring screens or fences may also be required; these are often advisable even if not required by the Code. The required buffer areas may only be occupied by vegetation, fences, utilities, and walkways. Additional information on required buffer area materials and sizes may be found in the Community Development Code. (Refer to Code Chapter 18.100) The required buffer widths which are applicable to your proposal area are as follows: i ft. along north boundary. ft. along east boundary. N ft. along south boundary. by 4 ft. along west boundary. In addition, sight obscuring screening is required along I f/a 10 Vi 4Q ,"p per. 14€ c �I,(,�h �s °OQ- lose- k5 S � w( k U a o iL4 i4I✓ Q l eci "' 0 ^ r',", � ��► i -- k LC/� t .Q 1-e5 pu/ s v I..i 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. i Street trees should be spaced 20 to 40 feet apart depending on the branching width of the proposed tree species at maturity. i Further information on regulations affecting street trees may be obtained from the Planning Division. A minimum of one tree for 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 walls, 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 6 NON.Residential appiicationjPlanning Department Section SIGNS - 'Sign permits must be obtained pr 3 installation of any sign in the City of Tig,. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development review application. Alternatively, a Sign Code Exception application may be filed for review before the Hearings Officer. (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 floodplain, natural drainageways, wetland areas, on slopes in excess of 25 percent, or on unstable ground. Staff will attempt to preliminarily identify sensitive lands areas at the pre-application conference based on available information. HOWEVER, the responsibility to precisely identify sensitive laqds 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 18.84 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 a condition of the approval of a development application. N. (Refer to Code Section 18.84) NARRATIVE The applicant shall submit a narrative which provides findings based on the applicable approval standards. Failure to provide a narrative or adequately address criteria would be reason to consider an application incomplete and delay review of the proposal. \\ , (Refer to Code Section 18.32) 1 CODE SECTIONS - 18.80 18.98 _ 18.114 18.150 18.84 L/ 18.100 `` 18.116 18.160 18.88 ✓ 102 I- 18.120 18.162 18.92 V .106 18.130 L./11.164 18.96 V 18.108 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 ■ subcommittee(s) 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 your( 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 NON-Residential applicauonlPlannmg Department Section ADDITIONAL CONCERNS OR COMMENT P c?-e sed' R.Gie2iirla e_Ces5'}62li 1-79 e s,42_ )4 d .Q eo 71a.a.P Wee -to bee- 1-14ev s 14 Ge e4 ( _ ciece -s-11011A7 if-le 1.4,1v- 4,Li Lo L./.,td) - Q S J te--- a cce SS d►^ 1,6/J2_ lc-eel-4i v p1,4/4)k �c3 tM,w►4��e►�( el N 1 t)G„,) tea.ti Le_ i- ov)dE J e). I El A- cc.sz5s 175 — t ter, bop D1e_ - Lc,els- olJSet( (1-7) 5(Aft) Pi 4'.P.1,f4411}— de s c-fr1 o//s r.../146 • • •gre4vor Kae GU 111(11 -y?:3 .5•e_c. s AP, Prou)die, C-01.4e-424,14)149 ct I PROCEDURE f,l' �t u C- ss d� bo o Administrative staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Public hearing before the Planning Commission with the Commission making a recommendation on the proposal to the City Council. An additional public hearing shall be held by the City Council. APPLICATION SUBMITTAL PROCESS All applications must be accepted by a Planning Division staff member of the Community Development Department at Tigard City Hall offices. PLEASE NOTE: Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications submitted after 4:30 P.M. on Thursday will be batched for processing with the following week's applications. Applications will NOT be accepted after 3:00 P.M. on Fridays or 4:30 on other days. Maps 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 project should be submitted for attachment to the staff report or administrative decision. Application with unfolded maps shall not be accepted. CITY OF TIGARD Pre-Application Conference Notes Page 5 of 6 NON-Residential appiicationiPlannmg Department Section • 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 (7) days prior to the public hearing. A 10, to 20 day public appeal peri5d follows all land use decisions. An appeal on this matter would be heard by the Tigard P/ard,,ct)Kq u41.1, �c 'otA . A basic flow chart which illustrates the review process is available from the Planning Divisions 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(VOTE: 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) is/are required if an application(s) islare to be submitted more than six months following this pre-application conference, unless the additional conferences) is deemed as unnecessary by the Planning Division. PREPARED BY: 1/1/1644 (."&jAP-4' CITY OF TIGARD PLANNING DIVISION PHONE: (503) 639-4171 FAX: (503) 684-7297 h:Iagmipatty n,astersmreapp-cmst iEngineertng Section:mastersipreapp-c.engl CITY OF TIGARD Pre-Application Conference Notes Page 6 of 6 NON-Residential applicationPlannrng Department Section • .A PUBLIC FACILITIES CITY OF TIGARD The purpose of the pre-application conference is to: OREGON (1.) Identify 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 appropriate authority. There will be no final recommendation to the decision making 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 and area be dedicated to the public: (1.) To increase abutting public rights-of-way to the ultimate functional street classification right-of-way width as specified by the Community Development Code; or (2.) For the creation of new streets. Approval of a development application for this site will require right-of-way dedication for: r (1.) 7 _to feet from centerline. (2.) to feet from centerline. (3.) to feet from centerline. Street imorovements: � street improvements will be necessary along ^,y�ti,r/?._ e ' ( '.) street improvements will be necessary along (3.) Street improvements shall include feet of pavement from centerline, plus the instailation of curb and gutters. storm sewers, underground placement of utiiity wires (a fee may be collected if determined appropriate by the Engineering Department), a five-foot 'hide sidewalk (sidewalks may be required to be wider on arterials or major collector streets, or in the Central 3usiness District), necessary street signs, streetlights, and a two year streetlighting fee. oget./044,1 : 4jeux-olfeet1 Gotim:444*LIAL en1 a-7,74190442,, 44;4. 1? CITY OF TiGARO ?re-Application Conference Totes ?age 1 of 3 3esiaennai .e3uc3;iomcr.,^.ceer.nq: -m _ec::cn • In some cases, where street improvements or other necessary public impro' --'ients are not currently practical, the sire: - improvements may be deferred. uch cases, a condition of development apps may be specified which requires the proper' owner's) to execute a non-remonstrance agreement which waives the property owner's right to remonstrate against the formatic of a local improvement district formed to improve: (1.) (2.1 Pedestrianwaysibikeways: Sanit ry Sewers: The nesanitary sewer line to this property is a(n) " inch line which is located Nr <f)7 . The proposed development must be connected to a sanitary sewer. It the eve 's responsibility to extend the sewer along the proposed development site's Water Suooly: The r4-e-) Water District - Phone:(503) provides public water service in the area of this site. The District should be contacted for information regarding water supply for your proposer development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, (503) 525.2502) provides fire protectioi services within the City of Tigard. The District should be contacted for information regarding the adequac• of circulation systems, the need for fire hydrants, or other questions related to fire protection. Other Aaency Permits: Storm sewer improvements: STORMWATER QUALITY FEES The Unified Sewerage Agency has established, and the City has agreed to enforce, Resolution No. 90-43 Surface 'Nate: Management Regulations which requires the construction of on-site water quality facilities. At the discretion of the City, th applicant may be offered an opportunity to pay a fee in lieu of the construction of such a facility. The resolution requires the construction of a water quality faciiity andlor the payment of a fee. The fee shall be based upon the amount of impervious surface; for every 2,540 square feet, or portion thereof, the fee shall be $285.00. The City of Tigard shall determine 3 fee may be paid or a facility shall be constructed. 4' i -4,t,tel CIT'f OF TIGARD Pre-Appiication Conference .'dotes Page 2 of 3 ieydentiai •ooticancri:rgIneenng:acarrrent :ac::an 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: L/14136(61/ (-)(3 Date: / ! APPLICATION & RELATED DOCUMENT(S) SUBMITTAL REQUIREMENTS INCLUDE ✓ MARKED ITEMS A) Application form (1 copy) 19� B) Owner's signature/written authorization C) Title transfer instrument/or grant deed m� D) Applicant's statement No. of Copies _2:‘_7 E) Filing Fee $ 11S�e ;ee_ 5 l�C eta/GN Q ;S lct ed/°Ai cosi SITE-SPECIFIC MAP(S)/PLAN(S) SUBMITTAL REQUIREMENTS INCLUDE ✓ MARKED ITEMS !`'''irk. A) Site Information showing: No. of Copies 20 1 . Vicinity map r� 2. Site size & dimensions 3. Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) 4. Drainage patterns, courses, and ponds 5. Locations of natural hazard areas including: 0 (a) Floodplain areas (b) Slopes in excess of 25% ❑ (c) Unstable ground ❑ (d) Areas with high seasonal water table ❑ (e) Areas with severe soil erosion potential ❑ (f) Areas having severely weak foundation soils ❑ 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 pA 11 . Location of existing dedicated right-of-ways d�/ LAND LSE APPLIC4TION J LIST PAGE 1 OF 5 • • TRAFFIC IMPACT FEES In 1990, Washington County adopted a county-wide Traffic impact Fee (TIF) ordinance. The Traffic Impact Fee program coilec:: fees from new development based on the development's projected impact upon the City's transportation system. The appiicon• 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 TIF is based on the proposed use of the land, the size of the project, and a general use based fee category. The TIF 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 /4.4111..e_ �....� 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 snail indicate the elevations of the four corners of that plan along with elevations at the corner of each lot. PREPARED BY: ' " "*. ENGINEERING DIVISION PHONE: (603) 639-4171 ,;1ogu ieatty preaca.ms iengsecnon�reaoo.anq; .anuary , CITY OF TIGARO Pre-Aopiication Cjnference 'Dates Page 3 of 3 Residential:em icatioruE^gmeennq Oecar^-+ent iecc:an B) Site Development I Indicating: Ao. of Copies 20 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 C1 (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 m/ (c) Loading and services area (d) Pedestrian and bicycle circulation o---'- (e) Outdoor common areas ❑ (f) Above ground utilities 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 m� 6. Storm drainage facilities and analysis of downstream conditions m� 7. Sanitary sewer facilities 8. The location areas to be landscaped 9. The location and type of outdoor lighting considering crime prevention techniques q� 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 20 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 rte' (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/LIST PAGE CF 3 D) Architectural Drawings Indicating: No. of Copies (24 The site developr 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 2.2, 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 2. Location and height of fences, buffers and screenings 3. Location of terraces, decks, shelters, play areas, and common open spaces 4. Location, type, size and species of existing and proposed plant materials d� 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 Generation Estimate: ❑ H) Preliminary Pa tion/Lot Line Adjustment Map Indicating: No. of Copies 1 . The owner of the subject parcel ❑ 2. The owner's authorized agent ❑ 3. The map scale (20,50,100 or 200 feet- 1) inch north arrow and date ❑ 4. Description of parcel location and boundaries ❑ 5. Location, width and names of streets, easements and other public ways within and adjacent to the parcel ❑ 6. Location of all perman t buildings on and within 25 feet of all property lines ❑ 7. Location and width of all ater courses ❑ 8. Location of any trees within " or greater caliper at 4 feet above ground level ❑ 9. All slopes greater than 25% ❑ 10. Location of existing utilities and utility easements ❑ 11 . For major land partition which crests a public street: (a) The proposed right-of-way location and width ❑ (b) A scaled cross-section of the proposed street plus any reserve strip ❑ 12. Any applicable deed restrictions ❑ 13. Evidence that land partition will not preclude efficient future land division where applicable ❑ LAND LSE APPLICATION J LIST PAGE 3 OF 3 I) Subdivision Preliminary Plat Map and Data Indicating: No. of Copies 1 . Scale equaling J0,50,100 or 200 feet to the inch and limited to one phase per sheet ❑ 2. The proposed name of the subdivision ❑ 3. Vicinity map showing property's relationship to arterial and collector streets ❑ 4. Names, addresses and telephone numbers of the owner, developer, engineer, surveyer and designer (as applicable) ❑ 5. Date of application ❑ 6. Boundary lines of tract to be subdivided ❑ 7. Names of adjacent subdivision or names of recorded owners of adjoining part s of un-subdivided land ❑ 8. Contour lines related to a City-established benchmark at 2-foot intervals for 0-10% grades` greater than 10% ❑ 9. The purpose, loca ion, type and size of all the following (within and adjacent to the pr osed subdivision): (a) Public and private right-of-ways and easements ❑ (b) Public and priJ(ate sanitary and storm sewer lines ❑ (c) Domestic wate mains including fire hydrants ❑ (d) Major power telephone transmission lines (50,000 volts or greater) ❑ (e) Watercourses ❑ (f) Deed reservations\for parks, open spaces, pathways and other land encumbrance ❑ 10. Approximate plan and pr` files of proposed sanitary and storm sewers with grades and pipe size indicated on the plans ❑ 11 . Plan of the proposed water distribution system, showing pipe sizes and the location of valves and fife hydrants ❑ 12. Approximate centerline profiles showing the finished grade of all streets including street extensions for a reasonable distance beyond the limits of the proposed subdivision ❑ 13. Scaled cross sections of proposed street right-of-way(s) ❑ 14. The location of all areas subject\ .;) inundation or storm water overflow ❑ 15. Location, width & direction of flow of all water courses & drainage-ways ❑ 16. The proposed lot configurations, approximate lot dimensions and lot numbers. Where lots are to be used for purposes other than residential, it shall be indicated upon such lots. ❑ 17. The location of all trees with a diameter 6 inches or greater measured at 4 feet above ground level, and the loc'tion of proposed tree plantings ❑ 18. The existing uses of the property, including the location of all structures and the present uses of the structures, and a statement of which structures are to remain after platting ❑ 19. Supplemental information including: (a) Proposed deed restrictions (if any) ❑ (b) Proof of property ownership ❑ (c) A proposed plan for provision of subdivision improvements ❑ 20. Existing natural features including rock outcroppings, wetlands & 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 ❑ LAND LSE APPLICATION/LIST PACE 4 OF 5 J) Solar Access Calculations: ❑ K) Other Information No. of Copies ❑ • h:Vog in\patty\mastersVtkl ist.mst may 23,1995 LAND USE APPLICATION J LIST PACE 5 OF 5 lb eo ■ Ni (s6> 11 _____________. e,6, „so, i 1 c ii _____________ so-kov-" ? AV ,.= co Rp fir lye c',„, W N « SUBJECT PARCEL Mal .- �I IE E 1 I RINGV1�pOp II,___________________I cz 1 fr,; Al . ,c , <6Q ... r 0 44 -1... , , ,,) & 6, , _-_,1 wild. , ,. ,...., 6, t■i'ili , ,, (3) VSW ANTON 01 sr*. 1111111111111111111 ____/ < ,- >, 4...111= mpreilvfinfr ' -, ) ___ ..- �r' �� DAKOTA , i „ . , , N._ Vicinity Map A SDR 96-0001 Note: Map is not to scale WINDWOOD REAL EST. OFFICE N ADDITIONAL DOCUMENTS • April 9, 1996 Meadows Group Corporate Offices Landscape to Impervious Surface Ratios Mr. Mark Roberts, City of Tigard. Please accept this letter as calculations for the requested Meadows Group Corporate Offices Landscape to Impervious Surface Ratios as requested. Site Total Sq. Ft. : 35261.59 24354.74 sq. ft. hard surface - streets, building, sidewalks, parking, drive access 3104.39 sq. ft. hard surface - offsite existing private access 1122.24 sq. ft. hard surface - future cell site and access Hard Surface Total Sq. Ft. : 28581.37 5558.08 sq.ft. soft surface - edges at street, side of building, water treatment area 1122.14 sq. ft. soft surface - interior planters, building planting area Soft Surface Total Sq. Ft. : 6680.22 81% Hard Surface area provided 19 % Soft Surface area provided Altrnate Ratio's with existing access street easement removed Site Total Sq. Ft. : 32157.20 (3104.39 sq. ft. access drive removed) 24354.74 sq. ft. hard surface - streets, building, sidewalks, parking, drive access 3104.39 sq. ft. hard surface - offsite existing private access removed 1122.24 sq. ft. hard surface - future cell site and access Hard Surface Total Sq. Ft. : 25476.98 5558.08 sq.ft. soft surface - edges at street, side of building, water treatment area 1122.14 sq. ft. soft surface - interior planters, building planting area Soft Surface Total Sq. Ft. : 6680.22 79.2% Hard Surface area provided 20.8 % Soft Surface area provided • 9 SANITARY SERVICE, INC. Date : 7 " ?(.9 Dear Sirs, We have reviewed your plan and/or attachments for the proposed CrYWC2 (a W 5 Gro iry) development at See ccM gkrli A)• WO rXI _DA4C0 Tip (QC, RP, D rFdCve___ ) and find them to be in compliance with our compatibility requirements with the following exceptions : Thank you for your consideration and timely submittal of these materials for our review. Sincerely, L17/6(1d Vi--g64f; q01114,41-r> `0 t MILLER' S SANITARY SERVICE, INC. P.O. BOX 217 • BEAVERTON, OREGON 97075-0217 • (503) 644-6161 5L & (6 - 0001 April 16, 1996 RECEIVED Mr. Mark Roberts City of Tigard APR 1 6 i996 RE: Meadows Group COMMUNITY DEVELOPMENT 12655 S.W. North Dakota PC2-22C BUP96-0080 Please accept the following plans and letter as my response of corrections which were requested in your letter for conditions of approval dated March 4, 1996. Thank you again for meeting with me to discuss this letter and our options for making the appropriate corrections. 1. The plans have been revised to reflect that no new driveways will be constructed from this site onto North Dakota. See sheet A-1, C-1, C-2, L-1 of the plan set. 2. A joint maintenance agreement shall be provided and recorded as requested prior to building occupancy by the owner. 3. The applicant has provided for roof and pavement rain drainage to the public storm water drainage system as requested. See sheet C-1. 4. The applicant has provided for the planning to connect the proposed building to the public sanitary sewer system. A connection permit will be obtained prior to execution of the work. 5&6. The applicant has applied for a street opening permit for the proposed work within the right-of-way of North Dakota as located on Sheet C-1 of the plans. The owner will provide a 100% performance assurance letter as requested prior to issuance of the street opening permit. 7. Please see the proposed plans and the water quality calculations which are attached to this cover letter for the on-site water quality facility provided at the South side of the proposed building. 8. Please see sheet L-1 of the plan set for the revisions requested. � o a. The authorized franchised waste hauler has reviewed and approved the L1/14/424 plans as proposed. Please see the attached letter of approval. b. The Landscape to Impervious Surface Ratios comply with the City's min. standards. Please see the attached Surface Ratio's information dated April 9. c. The proposed street trees will match the existing street tree planting which was established by the adjoining Hospital. d. See sheet L-1 of the plan set for the species of the liquidambar which is to be planted at the parking lot areas. Also see sheet L-1 for the location of the proposed trees. e. See sheet L-1 of the plan set for the location of wheel stops at the proposed tree locations. All shrubbery at the parking bays have been removed to better integrate with the surrounding existing landscape designs. f. See sheet A-1, C-1, C-2, L-1 of the plan set for the relocation of the accessible sidewalk area to the interior of the site. As previously discussed, the sidewalk has been relocated to the South West corner of the site, and no crossover of the proposed parking areas will be required. g. A sidewalk will be constructed from North Dakota along the joint access to connect with the existing Oil Can Henry's parking area. See sheet A-1, C-1, C- 2, L-1 of the plan set. h. All site improvements shall be made and maintained which have been proposed. Please call me if you should have any further questions or concerns. Sincerely, _, op Richard L. White cc: Ralph G. Tahran Dale Richards Meadows Group Realtors April 9, 1996 Meadows Group Corporate Offices Landscape to Impervious Surface Ratios Mr. Mark Roberts, City of Tigard. Please accept this letter as calculations for the requested Meadows Group Corporate Offices Landscape to Impervious Surface Ratios as requested. Site Total Sq. Ft. : 35261.59 24354.74 sq. ft. hard surface - streets, building, sidewalks, parking, drive access 3104.39 sq. ft. hard surface - offsite existing private access 1122.24 sq. ft. hard surface - future cell site and access Hard Surface Total Sq. Ft. : 28581.37 5558.08 sq.ft. soft surface - edges at street, side of building, water treatment area 1122.14 sq. ft. soft surface - interior planters, building planting area Soft Surface Total Sq. Ft. : 6680.22 81% Hard Surface area provided 19 % Soft Surface area provided Alternate Ratio's with existing access street easement removed Site Total Sq. Ft. : 32157.20 (3104.39 sq. ft. access drive removed) 24354.74 sq. ft. hard surface - streets, building, sidewalks, parking, drive access 3104.39 sq. ft. hard surface - offsite existing private access removed 1122.24 sq. ft. hard surface - future cell site and access Hard Surface Total Sq. Ft. : 25476.98 5558.08 sq.ft. soft surface - edges at street, side of building, water treatment area 1122.14 sq. ft. soft surface - interior planters, building planting area Soft Surface Total Sq. Ft. : 6680.22 79.2% Hard Surface area provided 20.8 % Soft Surface area provided I 9 SANITARY SERVICE, INC. Date: 9(D Dear Sirs, We have reviewed your plan and/or attachments for the proposed A ` C m 4a%Wu 5 C ro e development at I ceA / Wo ! T ico TQ eo rz i, O Fp/c , and find them to be in compliance with our compatibility requirements with the following exceptions : AI 6AI 1 Thank you for your consideration and timely submittal of these materials for our review. Sincerely, LigGai qatiLah;rx, c0,401evA/L) MILLER' S SANITARY SERVICE, INC. P.O. BOX 217 • BEAVERTON, OREGON 97075-0217 • (503) 644-6161 • I 3 �ftQahree,,o C izou o ; I �GI�Ct r scga. Atio,b e_AcQ 7 / 0.,1. x ixaiv N N N H F H W W W ___ / (A, ` / )l /W (/D• NON 000 N O 0 ,ia jvyt al C a i-)e-il 441 __,/..Jyteleee/ h., - 71- Aa41.1-71.; �Q�o�rJxi 2 ,cam-w7/, /2o2%' E / Jo -e,i, 7r ng .�-;, .'t cia4 icc'9, on aia,e4/2eald &L-.1 ga'7L ,07-1041°1 /1c-c.Z %i elo7/ ..cY d c /t/or 54.x,1 p_ a ,gin /4 74e if-6,e-4, 74,/ 74k a,42-/7z 1 L90 rc-e4 62-yo' 72 'o 5�IuO, -,h o4- ��V . 17t,6e94;.aC„ a 4 h1 LT-X-C /l61-G/ , -irid or 4.1 74 4 "7,a-ikeJ-;43 44( � r ,07„, %7i fr,a-eee,4 er/ ;14 g W W W W W V1 VIW N 6 A VI 0 0 n N�7 vaa rnr G(�p�'y ion Cl�o 74' o f,o0 recZ.�i 5, ar t�� 1v i zJ -2/k air& 3.-', 2z6, sI /m izz-'rat, 0,642 45-%44era. ( 4o ' euc.f';n _ 7z d O 2Z, 4'00 •5g f�ii�aBQ�Q l�o�t = /2,o26 .5.4" .va al.A.V 176' Q�t 2�i�c' f y, a s-ed, O. 3 okra.;i x oZR,600 k La /2 6)18e.F. i? ,,U e tv-�Lt &p z' al G.7.4 a cdd e�oku c-/ of a 74 a/ t ip c..1°4 OtG6 r t4 azn &L J ,4&&r {fie , /fo f ,Aoa4i- l� ! 3 rea-zi&. z2o6--'k -714 pill 74 Lac- (' pc, -d. Or s: X46` aaaa_) 74 78 c,c 9l `zeu,�. W W W !O 78 /7 r x I e i- _T'= V lit in hao ice 6O. lvOs.�� C4 et et r revel O. cog CF5 (Q • 86g ` rrr _ �,�J (l) MAY-08-1996 06 31 KURAHASHI & ASSOC. INC. P.01/04 ,/ 0;, , 4111'• •. Ibkit4 t, Fi b KURAHASHI FAX TRANSMIT-TA & ASSOCIATES, INC. Civil Engineering TO: 41111111/1111111111 — Water Reso.uoes Landscape Architecture COMPANY: City of_Tiaard Surveying 12600 S.W. 72nd Avenue,Snits 100 Tim,Oregon 97223 FAX#: 684-7297 503.968.1 605 tAti 503.968.1105 DATE: May 8. 1996 SUBJECT: Meadows Group Q ice Building Revises drainage calculations NO. OF PAGES INCLUDING THIS PAGE: 4 MESSAGE: B r i. y, • . is a co• h- .ter •u •% .I . I. ions rev --: . reflect t : .• . .. orifice sizing_date. stamp.and signature as you requested in.our conversation yesterday. Please call if yotuieed any additional information. tc_• GABS APPiaimicfp etLo FROM: Dale C. Ross CC: Dale Richards(w/copies) h v1-n� 7944, er,g, 2 rfl. t-17-c°2- /o/�'1'"��' � f<z .''"fir'°' 7/7 r- / v i7? rd prr 7b9 ark'?'°0 '»2,0/Y ) 7- ) 77 L ecre.-7-77 f /23ce 1424//60,i2 i;y 790 f1--y5 afzp-A L7 f' 77 "0 ri7;e-r/ gi ) / ? 2 t9V-1i ' '.-7 V )7 orrrtr/, ' ear mar ` . zee/ •77' uo ��q .v- L '/43?"-17,?-1717 °'°• zvC1 ite.,-e?e?z#0 4--7pr.a/xa(4,4 J e.tx-ove,--ce e;re/47 7/6 7,9-"por-7720,--,- d<a// (s P unec ate/ /e2 . 116. 'ore /9,1---)rat fo Dgfrg / S/ 1 ( x 1.440 to1707- 'O rr.Gf� 4=7119, 2°Z ti 9 , S9-2( fa/47 ‘7,77,--- be/ze'd *-727776z, 4../.7770 TYo a/n ate® °�,yG /La o ; CaSetgi 19 kJ 02 ►f W V nip A MAY-08-1996 08 32 KURAHASHI & ASSOC. INC. P.03/04 igéo/z, L ,/ . tee a_ u.N YI L W W W /111 fg ▪ h Q Q Q • "N Wi : 7ie .€10 ,x-€/ 0 "4)0 '41' rGQ.I p ••er"?it°1 0 ce7tzA:77e1,-)4_49ae--,i_ e i --v 62.40 ,c Q 5F (92k,-., z ith-oo o S A L! r!l 1 A iii( g2bfe~ret!) 4O 2 sF CJ 2Z,40.0 �a rQ�e dsoa = /4626 5.- c" t _ a/.BUJi , ri .6 rt s.e." D. 3'Gn O f ra. A o2R,roO 0 k !►� /214, _ 6;18 e-r. 7 Ade U��t .. �-t/ pre2,.tc4,1;r a cl Q ...t94w jegevtd a1 /e ,Q®(LA 6/1 ijiLy , (-194 (j2G6 r IV CiliL 6te--n 5-6 l� gt 1:•art / r_zootA,- VO'd 1U101 all,•13• S °9- 5trell 1e* -15:Vnto5 SNAL IM r 'my 1 / svcc fro - -frowsoiy s -o =/1' Sid 200'© _(% ' //- r //r--"xet°62(-/ (paw iL-41-4?g. ' 0) -7e5p "' 'P2 b0/PO d 0'17 1,,5 401 pG 9 tele arie Z4 � -?q riLS 9N I 'DOSSC 2 I HSBHHdfl: 22:80 966 Z-80-.CUW • lam. A-0*-wrIN(a Fi It Order No. 95 534-W S °1Co-0.x�1 10 . Easement, including the terms and provisions thereof: For: Public sidewalk Granted to: City of Tigard Recorded: February 6, 1990 Fee No. : 90-06139 Affects : The West 5 feet 11 . Easement Agreement, including the terms and provisions thereof: Regarding: Ingress, egress, utility lines and related facilities and free standing sign and related utilities Between: Sisters of Providence in Oregon, d/b/a St. Vincent Hospital and Medical Center, an Oregon non-profit charitable corporation And: McDonald's Corporation, a Delaware corporation Recorded: April 11, 1990 Fee No. : 90-17853 Said instrument was re-recorded: Date: June 8, 1993 Fee No. : 93045051 Further subject to the terms and provisions as set forth on Partition Plat No. 1993-058, as follows: This easement is an extension of the existing reciprocal ingress-egress and utility easement recorded in Fee No. 90-17853 and 92-23708 . It shall be maintained jointly by the owners of Parcels 1, 2 and 3 and the adjoining owners to the North (Parcels 1 and 2 Partition Plat No. 1993-057) and the adjoining owners to the North (Fee No. 87-45454) by agreement per Document No. 93045051 . • 12 . Restrictive Covenant, including the terms and provisions thereof, regarding that the property "will not be used for restaurant purposes for a period of 20 years" : Recorded: April 11, 1990 Fee No. : 90-17854 13 . Easement, including the terms and provisions thereof : For: Storm sewer and related appurtenances Granted to: McDonald' s Corporation, a Delaware corporation Recorded: November 14, 1990 Fee No. : 90-62675 14 . Easement as disclosed by Deed: For: Light control vault in the Southwesterly portion; traffic signal ahead sign in the Southwesterly portio Recorded: April 10, 1992 Fee No. : 92023707 11.110> £:;4c c j D 047 Acc.ESS k.M7'. Continued on next page Sc2- rug -coo i . 42- Qb 44 6;0 .1 T -i . _A-- N 16°3-58 THIS MAP IS FURNISHED AS A _ 0 CONVENIENCE BY: C Q o STEWART TITLE ; f s MAP IS NOT A SURVAND HOW THE LOCATION OF ANY IMPROVEMEe U. HE COMPANY ASSUME.; NO UABIUTY FOR ERRORS THEREIN -7., 1. MAP # I 51 gC. '.77 1--,.._ ' o .S.. ig t SCHO ,d. sw. 1 0-51856 i 192.11 F 1 500 300 • • I /.27Ac. 793 AC. ` 40I 1 o n 0 /.99Ac. I I CS" e I I I 0 .I I o, I of o; "'I N N I I m a 1 00 N 115 n o h r I I CT) c t 191.17 •Q I I 600 ° I� iii .45Ac.0 n. o 1N ^I 2 o O W ` __ _ O 2 0 PI n - _J;1 -I o 1.1-1 EASEMENTS I S 89 0 54 19"W _ ,_ 7_ •6_7_ _ _ _. �6T 191.17 I— r 700 53.17 �; (1) r .8/A f ; .8/Ac. 800 900 SEE MAP rte` '<;''. .374c. M .49Ac. I S I 33AD !=o I et; - n 3 r o 2 _ r Z 1 9 9 3 - 0 5 8 0 35 / 0 205.92 S 89° 52 27- W a+ • 10 0 13 5 • • /• 993.94 10 (1037.94) 1 Q 403 5 I /4.5BAc. H 0 @ _ Y Q 0 <; op I - H I Cr-,• . • 7E( . 4 - /(- q'0 ,,;�• _ ,ec. 6 -8 q3 • "•pers ,yrf- . gy a')..., .•'#--1, 7, ',4011w..,41,' , pe,e -, .2/St�� ti -3 01, .*----r---y -,,:' .4,4 A' -:ysr �; 3 lei ,�, 104;47 fet.:< '�-; , '` }§tA�; � - -`:'T�,�j ._fir � Pr �".+��;-r,,�#..� .y',%� . sfeM .. `fit '� ,.+hy� ,' 0.� .. •t ;:• -'S' r : *• it r - . ,' ?% �. • vii '. c t. _v. ril „ f 'p `' Sl±Z8t��unea�^t 2$ EHI7if. 1E-12WRDEI) To OOYBS(T INrAL A �1 ' +Y {( } DESCRIPTIONS POR PARCELS 31AND 4. SSa REVISED LEGAL !7 �/+ •�:� DESCLtPTIf1NS. EIHIEIT "'C", ?ASS 1 AID 2. k 'P ., Prepared by Donald Forester TIGARD, OREGON �+4'11.7,-",' '- ` • Schools Ferry Rd. 4 North Dakota ,,av: L/C: 36-0105 (Main) ie Return to: Mary C. Gorski Real Estate Legal Department t McDONALD'S CORPORATION ° McDonald's Plaza ' Oak Brook, Illinois 60521 am a EASEMENT AGREEMENT THIS EASEMENT AGREEMENT, dated March 5, 1990, is between SISTERS OF en PROVIDENCE IN OREGON, d/b/a St. Vincent Hospital and Medical Center, an Oregon Non-Profit Charitable Corporation ('Grantor") and McDONALD'S CORPORATION, a Delaware corporation ("Grantee.). The following statements are a material . ��am� . �� part of this agreement: • .,,4, A. Grantee is, or will be at the time of recording of this -.0-, V;,.' document, the owner of Parcel 1 and Parcel 3 which comprises a r r;,-tx,_ portion of Parcel 1 described in Exhibit A. :, '1*'y B. Grantor is the owner of Parcels 2 and 7 and Parcels 4 a 5 .„:.', i I which comprise a portion of Parcel 2 and also Parcels 6 and 8 which r..7 comprise a portion of Parcel 7 all as described in Exhibit B. Al C. Grantor wishes to grant, and Grantee wishes to receive, =i certain easements over, under and across Parcel 2. - D. Grantor wishes to reserve, and Grantee wishes to grant to � � Grantor certain easement rights over a portion of Parcel 1 as more \ p particularly described in 1. below. w> . e THEREFORE, in consideration of TEN AND NO/100THS DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which are acknowledged, '' ; # the following grants, agreements, covenants and restrictions are made: 1. EASEMENT FOR INGRESS AND EGRESS _ ' e Grantor grants and conveys to Grantee a perpetual, non-exclusive easement for vehicular and pedestrian ingress and egress, to and from Parcel 1, appurtenant to Parcel 1, over, upon and across driveways and access ways, sidewalks and walkways, exits and entrances, and other common ,�■ • areas, as such areas may from time to time exist on that portion of Parcel 2 identified as Parcels 4 and 5 described on Exhibit B and that portion of Parcel 7, identified as Parcel 6 described on Exhibit B. 4463)-1 p 1 j — O - tl ` ,* Y'tf, ,,? ,.y,-;.,: Wei' � ..v rt 'tf,.5f •"�. �P 3 4l�44C t dpi i .._•. r ',yt'r T' ,.' v* r al �A. >..,,4 ,� •�"� n ,ran 'w��y,y,:b.;.,h. 3��,r � r 4G'.�;'''�'�1;.a.y�?4«.=x4:,.. .1:,....1.441-4.11:;(04,--n-!,-.r,... ' i � a;., , ?4:dt 'Y f71 t4° �y >f• ,e, •,.; rs �a` .g 1C41.17!+ YS`')1. x 4••4'` " ., . '.• i n f .)ri•',,r r a r >!± � fi R 474:$:+4'..;11• � s r. i �P � hu I' Y C d. yt; .y, t, }AX SA.0 ..: - ,nY'� .;l1/l.. [..-' .� - . t y .,?Yc.' '�! > ' •' t..rj. ;. r?� a-Gt�ti.q6�y.r�. ''•.}j'k�r'�jty{J,y,.„£ZM �j �f-y.rl N��.7'N r 1.:+,...).$1,54.44� �� h v1•'•f5r •y 4 'rC ,rrV. � .. ., i.2 bsz "5.11 't. 1 a .0,tr: v 4.44 'ri •? ta `a 4141or 'r }.s 7 y a i.51 j.,,11„:42 is r': r t: r#,;F,01,....�i Y�.111'..1 }o f?rm �`� arT C 03.'l a dht" 2,y�v-w.� 1-g,,• 4 ' x471". +1`Yl:. .r Ir.j!_iik L'r' �,. '� {yr .t`,,er .. . ,7.op,, j,.jy ... .—ed.Y nY` f,,4 a.. a , �.ett': 1 VP ,e ;+t 1 e r�i1f•}i 1,p,....:,;.,, 1cY`w,czj �r te13,Vg •s Y 9 •^X,;{ 5L4r ti . • J} - • - .�.�.1d,-..~.�4.t,t"a{t2Y1010: 11:.a� . ) ell •Ik yam' �+b.,Deb: Si A)j� 0' ', V 1.4.0 �"1 �itirj.a'.• {r N r "10.411.-i...'41 " Nt1•'1,. 41+,4,.. wpy l'f tf,i�k•R..f 4' k }} .y,��••�""i:: .•rti`� +� _ ' ..t..,:NO x :•-.F L it'�i#•1. r .1 sy a.1.Cr�4aX • ,t4IVeY ;aa`` . %�,.n.,,Te�'d`'y'?k 441t 1A. ( If ti ,y�' `a. J .r � x k✓ Lt,1i. 4 ,,t* !tY jt a iq1:0 ?� 3+ "y '.1!:.44:44'-`,►y Y r ,1(.. .e i v . S'1 1. ! f .4. . • r .1 1 4, f J-4"3 e .�r,4.-iV$ 4 4 t, . x. fly. r_ti wr 4 t 37; ,-.,-,k'0,,,,,,.,-. --A. .,. ... Grantor reserves. and Grantee grants to Grantor, a perpetual '"-. "�' fit: non-exclusive easement, appurtenant to Parcel 2, for the use and enefit:" :`:. '' V'- d � .mar of the Grantor and Grantor's tenants, successors and assigns, for the A.:1-, ;4 :;4. a purpose of automobile and pedestrian ingress and egress over and upon =,•'•..�, '-. access ways, entrances and exits that may from time to time be ;'y • constructed, altered or modified on that portion of Parcel 1 identified as Parcel 3 on Exhibit A. Grantee will develop and improve Parcels 1, 3, 6, and 8 at its cost %Nowasionor -'— and expense. Grantor will develop and improve Parcels 2, 4, and 5 at its -i cost and expense. ,: .A If Grantee precedes Grantor In development, Grantee will develop and -- improve Parcels 4 and 5 in conjunction with Grantee's development and Improvement of Parcels 1, 3, 6 and 8. Grantee will then, at Grantee's option, 1) withhold 1 1/2 times the estimated cost of Grantor's development share (Parcels 4 and 5) at closing until the work has been completed and instruct Escrow Agent to disburse remaining funds to Grantor, or 2) bill Grantor for Grantor's development share and place a lien on Grantor's property if Grantee is not paid within 30 days from date of Grantee's delivery of written notification to Grantor, including copies of invoices, including copies of invoices, bills and receipts of all work performed. Grantee may draw said sums due from the escrow and the balance, if any, shall be paid to Grantor. If the funds on deposit in escrow are not sufficient to pay the sum due, Grantor shall promptly pay any deficiency. If Grantor precedes Grantee in development, Grantor will develop and improve Parcels 3 and 6 in conjunction with Grantor's development and . improvement of Parcels 2, 4 and 5. Grantor will then bill Grantee for . Grantee's development share and place a lien on Grantees property if • Grantor is not paid within 30 days from the date of Grantor's delivery of ritten notification to Grantee, including copies of invoices, bills and receipts of all work performed. In the event Grantor or Grantee precedes the other party in 4".r:t": development, Grantor and Grantee agree to cooperate in sharing plans and s ; • a��rN information for development of parcels 3-6, as well as work together to 'f Ti'. obtain satisfactory pricing from the selected contractor (s) for the cost ?4.,V76140 ; ; of completin development of the parcels. k' �'"'` s 115r4,1 ;t1, - 2 -^: $* - WOOMMOOm 'i„ 4. J NW r{ 4:ills "Y a.a .i rL r • r yy i,��k VA , �^ ��• dry.- 4f 1 4 J J ♦ .4 r i �'5 Y F, `nv. 4. -.�11�� 1?•! 9\rl 'e& , ,F'�{fM=`L. `Y R�^T—.+.. ,,./'.-._. _ ww...--_ r<{ij `. R p� .r, ;:.. { ' • liq-zlErpdboiAm 4 2. MAINTENANCE • 4 41fi Grantee will maintain at its own expense Parcels 3, 6 and 8. Grantor `�� will maintain at its own expense Parcels 4 and 5. If and when Parcel 7 is =. developed, the owner of Parcel 7 will be responsible to the owners of Parcels 1 and 2 for 25% of the maintenance and repair costs for Parcels 3, 4, 5 and 6. 3. EASEMENTS FOR UTILITIES Grantor also grants and conveys to Grantee perpetual , non-exclusive •_ easements, appurtenant to Parcel 1, for the purpose of installing, operating, maintaining, repairing, replacing and renewing any and all utility lines and related facilities over, above, along, under, in and across Parcels 4, 5 and 6. No trees, permanent buildings or other structures shall be placed in or allowed to encroach upon the easements, and no change of grade elevation or excavation shall be made upon the easement area without Grantee's prior written approval. Grantee grants to Grantor perpetual, non-exclusive easements, appurtenant to Parcel 2, for the purpose of installing, operating, maintaining, repairing, replacing and renewing any and all utility lines and related facilities over, above, along, under, in and across Parcel 3. No trees, permanent buildings or other structures shall be placed in or allowed to encroach upon the easements, and no change of grade elevation or excavation shall be made upon the easement area without Grantor's prior written approval. 4. SIGN EASEMENT Grantor grants to Grantee a perpetual , exclusive easement appurtenant • to Parcel 1, for the purpose of installing, operating, maintaining, repairing, replacing and renewing a -free standing sign and related utilities over, above, along, under, in and across Parcel 8 described in Exhibit B, attached. 1 5. WARRANTIES OF TITLE Grantor warrants that Grantor has good and indefeasible fee simple h.., title to Parcels 4,- 5, 6 f 8. • 6. RUNNING OF BENEFITS This Agreement shall run with the land and shall bind and inure to the benefit of Grantor and Grantee their respective successors and assigns and their licensees and invitees. • x . 1 3 3 3 -rr • !• 1.,•%, • •�1�t t,f,*yt�StA.�i+5 k'�.7� ��L� � ` 'Y its t s .,e• ,... 'r 9.' ! !11�� # -.t"- . a;;;ice.'. -f <�v'- 5= _ *..r. "f'�".4'*"tr • is`S i ` r�d<yf i`tw ?I�' t` 'a v v r 7. NOTICE ': .03`e.# z R,42' f fir- `rc� Grantor's address is 9205 S.Y. Barnes Road, Portland, Grego � 8-' and Grantee's address is McDonald's Corporation, Real Estate/Legal 44Kent Department, One McDonald's Plaza, Oak Brook, Illinois 60521 , attentiont ;:'Y`'^ - .., Director, Real Estate/Legal Department. Any party may lodge written 6.1 ;,- notice of a change of address. All notices shall be sent by certified •12,7.•,-. --' mail, return receipt requested, to the addresses provided for in this .'74 .,: k paragraph and shall be deemed given when placed in the mail. .::�?,.' i • WM TO INDICATE THEIR CONSENT TO THIS AGREEMENT, Grantor and Grantee, or their : authorized representatives or officers, have signed this document. '... GRANTOR: SISTERS Cr PROVIDENCE IN GRANTEE: McDONALD' I••ORATII OREGON d/b/a St. Vincent Hospital and Medical Center r.° By: da did it ce . den d s,a4!_ ' (ATTACH ACKNOWLEDGMENTS AND EXHIBITS A AND B) Exhibit A: legal description of Grantee's property (Parcels 1 3 3) Exhibit B: legal description of Grantor's property (Parcels 2, 4, 5, 6, 7 it 8) amimor S K a • - a; s- 4. ® n• l M A 0' 1.'."; 4 (A aott T)'? 4 I 4 • • ' . ::... Iffm STATE OF ILLINOIS COUNTY Of DuPage SS: 4a I, rtmMrly r1„pterh , a Notary Public in and for the county and f state aforesaid, DO HEREBY CERTIFY that Seymour Greenman, Vice-President of McDonald's Corporation, a Delaware corporation•, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Vice-President appeared before me this day in person and acknowledged NM that he signed, sealed and delivered the said instrument as his free and voluntary act as such Vice-President and as the free and voluntary act of said corporation for the uses and purposes therein set fortji. umi 19 Given under my hand and notarial seal, this 5th day of March M 90 ../..................-4.1 / A . . _ _ No ary Pu• c September 27, 199 MBE. Y f UETSCH My commission expires . Notoy Kp°'ec'c1 al,sue• ` (ACKNOMLEDGMENT - INDIVIDUAL) "n Co lSjjc �rree.... STATE OF S4s COUNTY OF i P 2 7.imq I, �i � 1 , a N ary li and for the county and state aforesaid. 00 HEREBY CERTIFY�t�t , and + ofSIs -,$ • rov. 4,-41 •.... ' e'.who (is)4acea personally known to me to be the same person(s) whose name(s) (is)(era) subscribed to the foregoing instrument appeared before me this day in person and acknowledged that ( he)4 hey) signed, sealed and delivered the said . .';ikxr4 instrument as (h.' )(•theicl free and voluntary act for the uses and purpo{ps. ""••••; therein set forth. `L !� ,�..��0o.?a104,. Given under my hand and notarial seal, thi ) 7 day of ,_ L a vi ,= 4 c =1.,1`6;7.i- - (� �/ Notary Public . .1'• ":»''rf �� My commission expires a — 7 —9 L �fD'p�d�` .��``, (ACKNOMLEDGMENT - CORPORATE) In STATE OF COUNTY OF SS: , I. . a Notary Public in and for the county and state aforesaid, 00 HEREBY CERTIFY that , President of ' #` a(n) corporation, who is personally known to me to be the person whose name is '' subscribed to the foregoing instrument as such President, appeared before me tnis day in person and acknowledged that he signed, sealed and delivered the :4Y said instrument as his free and voluntary act as such President and as the f free and voluntary act of said corporation for the uses and purposes therein set forth Given under my hand and notarial seal.,...t s day of ` 19 vC ∎1 .f+,�M,3 Opt Y i, - c+ , M....k� K.I'zteA. + ff W.HVI t ntf, -: ':9. :,,�'A �ti n .1 y`s',.'' . 1. �..4. C)c{v i4§1 fVse' ",'',A;,�;: Svt3t`rnr'',t w i.? e Lr �� n,R el ay 744%.:.; - „•�„�'. 4 ',:,:',...:.;.-41.,0 . 4,,,.:... . , , N&,ki i�tirk- ,Cti eye* •.tYydf {t`*luoa! ,,_�F;`u ? :'s�'? 1� YottfteP '„SA', •'• •i �y. r r"',! i! Yr 1 111 441 PARCEL 1 A tract of land situated in the Northwest 1/4, Section 34, T.18., 71. R.1W., w,M., City of Tigard. Washington County, Oregon, being more particularly described as follows: 1111•1111Iii COMMENCING at the west 1/4 corner of said Section 34; thence, ASO along the west line of said Section 34, North 0.10 '48" West, 790 .57 feet; thence, North 89.54'18• East, 287.98 feet to the true point of beginning; thence, parallel with the west line of .1111111 that tract of land conveyed to Portland Fixture Company, described in Fee No. 78-9703, Washington County deed records. North 0.05'42• West, 376.45 feet to a point on the southerly right-of-way line of S.W. Scholls Perry Road, said point being 50 .00 feet from centerline, when measured at right angles; thence, parallel with and 50.00 feet from said centerline, North 84.21'49' East, 192.07 feet to a point on the west line of said o Portland Fixture Company tract; thence, along the west line of said Portland Fixture Company tract, South 0°05'42° East, 395.00 feet; thence, South 89.54'18° West, 191.17 feet to the true point of beginning. -, ARCEL 3 - A trac • and situated in the Northwest 1/4, Sectio o, T.lS., R.1W. , W.M. , ty o Tigard,d, Washington Count re g being more particularly COMMENCING at the west 1 orner of - - id Section 34; thence, along the west line of said c •n 34, North 0.10 '48• West, 790.57 feet; thence, North 89° East, 287.98 feet to the true point of beginning; - nce, par el with the west line of .�.. that describedtinf Fee land c 78-9703, Washington Fixture ntydeedCrecords, North 0.05'42° at, 376.45 feet to a point • the southerly right-of-way ne of S.W. Scholl' Ferry Road, sa • ••int being -(i 50 .00 fee rom centerline, when measured at righ angles; , I. thence, • •rallel with and 50.00 feet from said centerline, orth - 84.21• East, 20.00 feet; thence, South 13.19'16" West, 15 fe thence, parallel with the west line of said Portland Fi .re Company, South 0.05'42° East, 357.81 feet; thence, South t * 89.54'18• West, 15.00 feet to the true point of beginning. 4 i EXHIBIT A :•, u, pp .rt,r K ra iVr. ` yw kT;T 1'fl 1t C `..a.: " .4• 54''''�M� k t 'e klO : a� Mw • ii•, r ;S7erxri M . t 'A tA .1; ^ C+k * d s . k '1 x .;-'t y .!.•4Y•sz y ,t { f1a, r g ' �inn a 1 4I q t y r ^ cc a f a Y. ,.4, i.t '� t ,,,e L 1.....w st w a r .r y n t i rr 4 } ti rr 3 *1,1444t4: l . i -.S' r ti -4,1,:i.:‘,4:,;({.. 'y`'F'Ifz T ,rest •'. r ,.` A\ Xt.W 0sJ +r } YtJ'S'••�J •� �.., r X851 1y��,t �..� t `•}a ci, '''}} .0 .N.T'. t:.X chrte ei.:.,7,,,S' ay.fP �NS ,r•'�+fin t etc 4,i.s f i * 'i x ,'? j'3117€+' :r0 'Y ,1i,•= 1 ,} 4 1s'a 1j it`i•o•f rdl,�KK� t t ?..1'3' '.. 11R4`EL 'Z !; '.. . �,�y' - •!i .tract o: land situated in the Northwest 1/4, Section 34, T.1S.r .� ��,;, .p 1W., N.M., City of Tigard, Washington County, Oregon, being {. 3,W' •ore particularly described as follows: . ;' COMMENCING at the west 1/4 corner of said Section 341 thence, along the west line of said Section 34, North 0•10 '48• West, 805.57 feet; thence, North 89654'18' Last, 35.00 feet to a point on the east right-of-way of S.W. NtrthsDakota east right-of-way way t true e point of beginning; thence, along following courses, North 0°10 '48" West, 196.55 feet; thence, y North 38.49'12' East, 9.11 feet; thence, North 5'31'50' East, 57.96 50.00 North measured right angles6to,feet thetcenterline of S.N. scholls Ferry Road; thence, parallel with and 50.00 feet ml A from the said centerline, North 84'21'49' East, 243.14 feet; thence, parallel with the west line of that tract of land con- veyed to Portland Fixture Company, described in Fee No. 78-9703. thencne,on Southn 89 654' records, South 0•0 253 00 fe5'42' t 2to East, 361.45 feet; the truepointof beginning. ® PARCEL 4 .....-.... . tract of land situated in the Northwest ton/4,County,ecione34, T.15.. .1''4.1'F r R. • N.M., City of Tigard, r..`1 more p- cularly described as follows: .` `-rz west 1/4 corner of said Se on 34; thence,• :'-': COMMENCING at , of said Section 34, • th 0.10 '48' West. along the west 1 89°54'18' - - , 273.02 feet to the • 820.57 i tt, thence, N. ce, p- - lel with the west line of ri...-. . true point of beginning; that tract of land conveye• a'. Portland d Fixture z.:-I) oescribed in Fee No. 78-97 . 1.7.r.`•-:. 0 North 0•05'42' West, 324 • feet; the , North 14.08'13' West. 20 .22 feet to a point - the southerly r • -of-way line of S.W. • '4.--ek„, AEI : from centerline t=:;• Scholl!: Ferry Roa• said point being 50.00 - �.�-•. thence, paralle ith and 50.00 �'"sue ;` ''' when measured right angles; F . .00 feet: `4;r: feet from ' - d centerline, North 84'21'49" East, " y-t;_ thence •aralle; with the west line of said Portlan• ixture •.^: Cot--nY tract, South 0•05'426 East, 346.45 feet;beginning. •• •°54'111* West, 15.00 feet to the true point i 4a.N. PARCEL S ' '' „ rt., A tract of land situatd in the Northwtcn Coun yctOcegonl. Tbeing - R.1W., M.M., City of Tigard, Washing ,more particularly described as follows: ' ; , F COMMENCING at the west 1/4 corner of said Section 348 thence, f along the west line of said Section 34, North 0.10 '48' West, Wall 805.57 feet; thence, North 89•54'18* lE East, 35.00 00 Street and the true on the east right-of-way of B.N. ;T. point of beginning; thence, along the said east right-of-way North 0•10 '48" West, 20 .00 feet; thence, South 76.03'50' East, s; 20.62 outh 0°05 42* East,North 15 00 9•feet; thence, South 259'54'l8 thence. 11. S 253.00 feet to the true point of beginning.EXHIBIT $ - 1 OF 2 r r; 7 ..2. . b FNbiit4;n"a 't, U`�rg0,4 .r �„r.'1 r:5 s-4. '__ r'tcs'urv, � ' ;�'�'i2s•x 3c ' r'� Yea a•., r.,,v tat $ r P-i kf xD+a: ' o7 ` .w t�i% 3 ap;1.',' �' i i �S' " ..S )%alt to ., i }" �j a .is r.,+ w�° T, `F''? irk ..f•'' r•.. . '(. qt„ " C+; ;,; i .. !i Ut• "':.•� •� L� •L,,,L,'-. ��. . zi.J+ •J).. :l •t a5Ay wr• Y ari. -Sr �yl�+��.�hvti -t'�.."'' ,c lt] r� ,x4 9 � w -. [r y.i � a < Ggi(y' mob?'r r Y n lh M'm rid'S t i .'ate?:,-4 a.,i3„( '4 +•c!'3h, ' ML ) �� .S.y}" � [j W}9' t, ego,:r .. k7�,-.t.�d "vra;s y b f 1,.f�t;S' o� t`n, ,.yy�•� !u, �t7, ! -r. VC � .tom s r f A4 > r:.X! !`$ h ,w aa�'t.tL' I?• C' ,".g� t;'�N it fr 't. Y 'tik 4 f r 1 $ :;';II. ri,.' 'i Val? L= 1f"t•7>};r"4::kV rj'}2i0''Ai;'3,4141 4•r ,�Mj ,I d.��.$4�. j 41or Y,• rye �.,..e.,,0•4�r ya v ,rtrAt 1'•f ♦ i L`.. A�-.7%,...,, .,:• ry r }i'4. l i j ,, k, .. fi' ,. ''''„!. -'C"�:"1",w..r r'.• i 4.i.^yt ...l.. 1 1.:4 1' • I fir,�♦vy .u�a°ww� gp , -., -- �. • PARCEL 6 ....,-,,,,,$, A tract o! land situated in the Northwest 1/4, Section 34, T.15., - &• R.1W., N.M., City of Tigard, Washington County, r • more particularly described as follows: y, Oregon, being ", COMMENCING at the west 1/4 corner of said Section 341 thence, along the west line of said Section 34, North 0 .10 '48° West, i. 805.57 feat; thence, North 89•S4'18• East, 35.00 feet to a point £ WI on the east right-of-way of S.w. North Dakota Street and the true point of beginning; thence, North 89°54'18• East, 253.00 feet; thence, parallel with that tract of land conveyed to Portland Fixture Company, described in Fee No. 78-9703, Washington County 40W deed records, South 0'05'42' East, 15.O0feet: thence, South •d.. 89.54'18" West, 232.98 feet; thence, South 75'S1'50• West, 20.61 team feet to a point on the east right-of-way line of S.W. North Dakota Street, said point being I5.00feet from centerline, when measured at right angles, thence, along said east right-of-way eats line, and parallel with said centerline, North 0.10 '48• Nest, 20.00 feet to the true point of beginning. PARCEL 7 A tract of land situated in the Northwest 1/4, Section 34, T.1S., R.1W., N.M., City of Tigard, Washington County, Oregon, being more particularly described as follows: COMMENCING at the west 1/4 corner of said Section 34; thence, along the west line of said Section 34, North 0.10 '48' West, ® 634.36 feet; thence, North 89°52'27• East, 35.00 feet to a point on the east right-of-way of S.W. North Dakota Street and the true point of beginning; thence, along said east right-of-way North MEM 0°10 '48" West, 171.19 feet; thence, North 89.54'18° East, 253.00 . Men i 7'1,-- feet; thence, parallel with the west line of that tract of land t conveyed to Portland Fixture Company, described in Fee No. 78- ? ,,:i 9703, Washington County deed records, South 0°05'42" East, 15.60 i. sue%.. ,,}:, ,:I; feet; thence, North 89°54'18" East, 191.17 feet to a point on the ° ��`` �' '& :4s; west line of said Portland Fixture Company: thence, along said :` P f:c�i west line, South 0'05'42' East, 155.95 feet to the southwest '; m " "j. comer thereof; thence, along the wester; ,:-: t ► 9 westerly projection of the ! `•., -• °':'' -` south line of the said Portland Fixture Company tract, South `d N.", 89°52'27" West, 443.92 feet to the true point of beginning. nf'',. Parcel 8 ; yam A tract of land situated in the Northwest 1/4, Section 34, T.1S., .�7k R.1W., W.M. , City of Tigard, Washington County, Oregon, being 3 �.t.-' 1��r; more particularly described as follows: ,f ., • COMMENCING at the rest 1/4 corner of said Section 34: thence, p el along the vest line of said Section 34, North 0.10'48" West, �'�= 778.51 feet: thence, North 89'49'12" East, 42.50 feet to the true ;4 : point of beginning: thence, parallel with the centerline of S.W. 'r:4�,�..' MIMI ' . a North Dakota Street, North 0'10'48" West, 8.86 feet; thence, „ North 75'51'50" East, 7.21 feet; thence, parallel with the can, :"' - terline of said S.W. North Dakota Street, South 0'10'48° East, ; r;::7 10.60 feet; thence, South 89'49'12" West, 7.00 feet to the true ,ir point of beginning. STATE oFOREGON 4 -0'`° Y Coanty dw. 10a,eld W.Mason oteeta d►wed € ,;Di:, EXHIBIT B - 2 OF 2ve and raxa i... • d Coo- 8 . yl q �.� 1 �" ' d x'71 .Y.j: .1".".,,TE.,;;a.kkt,,,,,,A3-tike 11.7 4$ttf,s'A at r y � YS nf l a j i , ,, ,,�• ,14, y, Doc : 90017853 ,44p,cy x/ " Rect: 30880 68.00 „i .e c:wloi�. a" M :TM:-0♦ 'giti a � 04/11/1990 04: 1 : :.l �,r �r ,f it J { e „.•"b s q' b. '< e • A $' %'• -1 y'(t'....it,A. ix, 1-49 4 +4r;%;. ' e�N:.:." .. , •s i5 '..,' . ; . ..,..,,,,... . . ;Yi...; ETAtt Of ILLINOIS a#r`; .,_,,.. COUNTY Of Oufaga :SS �'. • ri I, htresr C. waclw+ s a Notary Public in and for Ma county and X61 state aforesaid. CO HERESY C#ilflfY that Joseph N. fllomes, Oepartsnt Director of McDonald's Corporation, a Delaware corporation. who iI personally known to 4:t•;IIIIIIIIIIIIIIr me to be the same parson whose nos Is subscribed to the foregoing Instrument as such Department Director appeared before me this day In parson and ' acknowledged that he signed, sealed and dallverid the said instrument as his US free and voluntary act as such Department Director and as the free and , voluntary act of said corporation for tho ones and purposes therein set forts. msssssmessmsssr Given wider my hand and notarial soil, Ch Jrd day of June 19X•--• • m� 'il . —�_ �i.s ... IP Notary Pvbl c OFFICIAL SEAL — My commi 551 on expires s hair s. n es MARTHA C VENI1MILLA ARV PUBLIC STATE OF ILLINOIS (AaololaiDacNf rrnr aoi,o iseoN EXP.JULY 1.1796 S1'ATl Of COUNTY Of SS: I. a Notary Public I. and for the county and state aforesaid. DO NOM Cg1YFY that and of , (is)(are) perso na y kaorh tome to be the same person(s) whose oaks) (is)(are) ' subscribed to the foregoing lastrumeet appeared before me this day In person ledtru lam ld(WiM)hn and vvoluntary sealed act for~the a d purposes therein set forth. Sive§ under my bats and Notarial seal, this day of H • lagallEaff Motary Public My commissiem expires . r- r EA000&C GNINT COMOROS) • ,. .. :. = tip-�:��. sTAn CO :• _ COUNTY OF SS: I. a Notary Public le and for the county moo - s' state aforesaid. DO WADY Ci*1ltY that . President of =,Y sad corporation, who is personally known tome to be the person whose nerve is `` `�' subscribed to the forsooth, instrument as such President, appeared before me ?• (.• this day iN purism sod ackaerledged that M signed, soiled end Mllvared Me ;,;<...-,r. said 'fitment as his free and voluntary act as such President and as the 5 " , `}z fro* and velustary act of said corporation for the uses and purposes Mersin :::::bet forth. 1'Ct weed under 4 haNd abed hotaH al sea1. th 1 t day of 1 ;,19 4. '1 Notary Puallc s My tooths1lom Intros '- IA :i .44;,,;,,,:, NcD-AawitT-01/to ' ``• °. 12911 . � :,,#•+•':'k Y,r.y 4 r'✓ • b :A $$. 4 yt y . 'iri. �w! 1,1 1.'"`: J ,.. N+bes j 'fh+:i.t.' ry 1.+3' iffy.• 4!•( I, 1J 11}, i.1.t;Z,a. tLwraa t '"^F S.w � hiL � �'` S.t ttiv� 'Wit 1F 'f" �3¢�1A i;�rI ' ,45 :. y" S�'�ea1 r�`{ t"x ,..:1�4 t' . '1 e�r,, p. , tiP`°.,-5 :� liq 414,;r Ztty ice+Sys A !. i. q s.,. ,r•i,�,t1 `+ k•v,.:r r aS. y t•1,,,,._ :14,y_ j.s.. iz'r Sh i4titi.,.10,s, .4%,,xx PtSr}-"4)7 ST fn•.'II•-t 1gei r .d,mil a7� !' �: y � .•` 'w•�. �• ',y'r.- ,�£•r 41W t'4* flAM 4 . fir, `� 1 4 ;,,,,,v,4i,f'��r A 1. 6a•=a. 'rentimilla, a Notary Public in and for the county and state. ai.,. �, foreaid, DO �REBT C6RTIPT that Joseph t. Thorns, Dapartmbnt Director of Hlc deli c r OO4 Co;pOration, a Delaware corporation, who is personally known tome to be the tisl0s. " , , person whose name is subscribed to the foregoing instrument as such Department �J :f . 'Director appeared before me this day in person and acknowledged that he signed, •', sealed and delivered the said instrument as his free and voluntary act as such ' r^." Department Director and as the free and voluntary act of said corporation for the •• • uses and purposes therein set forth. •!.21 Given under my band and notarial seal, this 3rd day of June, 1993. • 4 Notary Public • 1y commission exprires July 1, 1996 • .7.• • . f. I ATTACHED FOR LEGIBILITY r mmoom • . ...............x 1 I . ■ i • ! . • P ., 0 . • . ..,...„4„,,,,,t„,..„,„„.„,:,,„„.....5.,„..,,...„,,..„„,,,„,„...., •..... .. . ..„,„,,...„..„ ,....4.4„., •• ,,,... .• A k r' F vEYt3R F. >e 7 .r�n� y"t elti lY 1 19£8 , _ STLAKE "2" ,.. r CONSULTANTS arc Illilli, Phone: 503 684-0652 s �� ENGINEERING • SURVEYING • PLANNING Pm 503 624-0157 McDonald's Corporation Scholls Ferry Road-Tigard,Oregon Project No.: 143-36B-92 May 7, 1993 LEGAL DESCRIPTIONS 11EVISFD • itarc1 .3-(O1d 1989 Survey) A tract of land situated in the Northwest 1/4,Secdon 34,T.15,R.1W.,W.M,City of Tigard,Washington County,Oregon,being more particularly described as follows: COMMENCING at the west 1/4 corner of said Secdon 34; thence, along the west line of said Section 34,North 0°10'48".West,79057 feet;thence,North 89°54'18"East,287.98 feet to the true point of beginning;thence,parallel with the west line of that tract of land conveyed to Portland Fixture Company, described in Fee No.78-9703,Washington County Deed Records,North 0°05'42'West,383.10 feet to a point on recorded right- , of-way line of relocated S.W. Scholls Ferry Road,per Fee September 24, 1990 Washington County Deed Records,h and d point 0 f�50.00 feet from said centerline,when measured radially;thence,parcel a central centerline, along the arc of a 6316.20 foot radius curve to the right, through angle of 0"i1'50"(chord bears North 83°29'27"East,2L75 feet)an arc distance of 2L75 •' feet; thence, South 13°19'16'West,28.50 feet; thence,parallel with the west line of said . Portland Fixture Company tract, South 0°05'4r East,357.81 feet;thence, South 89°5418' West, 15.00 feet to the true point of beginning. Contains 5,849 square feet. MD Ids forpyrn{ion 4ie,erf {yec JUN "3 s;;... 5;s+ers Pray. e ;$1 Oft500 1 w OatG fiil!s 1 1 t 3Iffi3IT NC , 1ACZ 1 i`y{: "N' Business Center,7340 S.W.Hu�cer,Suite 204,Tiprd,Oregon 97223 smIL � , ' Mtn s ' • r • .•. 7't a Page 2"o12 5.. NeDotteld's no,,,, H�� oo Bails Ferry Rood•ll ard,°repo Project Nat 143-3613x92 egi orialmosea 1rco14(Old 1989 Survey) A tract of land situated in the Northwest 1/4, Section 34,T.1S.,R.1W., W.M.,City of Tigard,Washington County,Oregon,being more particularly described as follows: COMMENCING at the west 1/4 corner of said Section 34;thence, along the west line of said Section 34,North 0°10'48'West,820.57 feet;thence,North 89°54'18'East,273.02 feet to the true point of beginning;thence,parallel with the west line of that tract of land conveyed to Portland Fixture Company, described in Fee No.78-9703 Washington County deed records,North 0°05'4?West,324.90 feet;thence,North 14°08'13'West, 26.51 feet to a point on the southerly right-of-way line of relocated S.W.Scions Ferry Road per Fee No.90.51836,recorded September 24, 1990,Washington County ence, Records, said point being 50.00 feet from centerline when measured radially;thence, parallel with and 50.00 feet from said centerline, along the arc of a 6316.20 foot radius curve to the right, through a central angle of 0°11'45- (chord bears North 83°17'39"East, 'ammo 21.57 feet) an arc distance of 2L57 feet; thence,parallel with the west line of said Portland Fixture Company tract,South 0°05'42'East, 353.10 feet; thence, South 89°54'18" West, 15.00 feet to the true point of beginning. Contains 5,369 square feet. I`` t3DtTE OF OREGON 1 MI County d Wallington f M`DQno1es °�� (04;�� JUN "3 1993 t Jerry R. Director of Amassment , • wyenoes for'said county,do µ;t i • was - . �' OM/ that the within Instrument ot; .. .: d -�-- received end nsootded,Ytbook 4 SiS+US of 7Pftrli re i/1 Ore9CY1 said county. . :.. d ppw�,. „Gtr Gate 0psst �. • Ex- "7' Officio.Ow*/Geri<ci ,, E tv EXKLEII "C", PAGE 2 ►sr Doc 93045051 'wi hi 101510 68.00 • 06/08/1993 04:50:12PM — — . e ?lit+ .41:ffiTift�� C.pl Ply irK �i 3 ,,x•401*.):.�5 4 .j ar:i7: e?'4,r 'r� Y� ,.f s,.'Jw 1.. ,; i°. r.,• N -- q