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SDR1995-00013 SDR95 - 00013 HOULIHAN ' S RESTAURANT CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 95-0013 HCULIHAN' S RESTAURANT ,APPLICATION: The applicant requests a Site Development Review approval to allow the construction of a 5, 700 square foot restaurant . Zoning: I-P (Professional Industrial) . Location: Lot #8 (WCTM 2S1 12DA, tax lot 200) . SECTION I - 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 . THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MICHAEL ANDERSON OF THE ENGINEERING DEPARTMENT. 1 . Washington County has established and the City has agreed to collect Traffic Impact Fees in accordance with Resolution No. 90-65 . The applicant shall pay the fee established for the proposed use. 2 . Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact : Will D' An_drea. The revised plans shall include the following: a. Calculations on the total square footage within the Pacific Corporate Center subdivision and a breakdown of the uses associated with those square footages, to show compliance with Section 18 . 68 . 030 (2) (o) . Section 18 .68 .030 (2) (0) states that Eating and drinking establishments, either separately or in combination with other listed uses, shall not exceed a total of 20 percent of the entire square footage with the development complex. c . Walkway connection to the adjoining Centennial Sank building. The walkway shall connect with the walkway provided with the Centennial Bank approval . NCT::.E :F CEC:S=CN SDR 95 - 00:.3 :cz ,:HAN'S PAGE L d. A plan which shows compliance with Community • Development Code Chapter 18 . 116, Mixed Solid Waste and Recyclable Storage. The applicant shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. Regardless of which method is chosen, the applicant shall provide a written hauler sign- off regarding the location and compatibility of service equipment . 3 . An exterior lighting plan shall be submitted to the Police Department for review and approval . Staff Contact : Kelly Jennings, Police Department . THIS APPROVM. IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. 4 . All site improvements shall be installed as approved per the revised site plan. IN ADDITION THE APPLICANT SHOULD SE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NCT AN ,;,XCLUSIVE LIST 1 . 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. SECTION __ . FINDINGS CF FACT = . Backround: Tax lot 200, which is also lot #8 of the Pacific Corporate Center subdivision, was created through the platting of the subdivision in December, 1989. The preliminary plat for this subdivision was approved by the City' s Land Use Hearings Officer on June 2, 1989 . in 1993 , a Site Development Review / Lot Line Adjustment (SDR 93-0023 / MIS 93-0018) application was approved to allow the NOT= CF _EC:s_CN scR ?: - )013 _cu.::.N'S ?AGE - construction of two buildings of 25, 000 and 28, 000 square feet in size. In 1994, a Site Development Review (SDR 94- 0021) was approved to allow a major modification of an approved plan to allow the construction of a 21, 102 square foot bank. 2 . Vicinity Information: The site is located between SW Sequoia Parkway and I-5, south of the eastern terminus of SW Cardinal Lane. The site and the entire Pacific Corporate Center are zoned I-P (Industrial Park) . A Home Depot store is located immediately to the north of this site. Lots 5 and 6 of the Pacific Corporate Center subdivision, which are south of the subject site, presently vacant and covered primarily with low grasses, although an approval has been given for three office buildings on this site . Office and industrial buildings owned by Pacific Realty Associates are located on the west side of SW Sequoia Parkway. 3 . Site Information and Proposal Description: The parcel has frontage on SW Sequoia Parkway and SW Cardinal Lane . The parcel is currently developed with an Office Depot and Centennial Bank building. The 6 acre site slopes west from the interstate, is below the grade of the Interstate and provides exposure to freeway traffic. The applicant requests for a site development review approval to construct a 5, 700 square foot restaurant building on the northeastern corner of parcel . 4 . Agency Comments : Tualatin Valley Fire and Rescue has reviewed this application and has offered the following comments : Provide fireflow for the building to the Fire Marshall' s office. Provide a fire hydrant so that all portions of the building are within 250 feet . The City of Tigard Police Department has reviewed this application and has offered the following comments : The applicant shall provide a parking lot lighting plan for review and approval. NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 3 The City of Tigard Buiding Division, City of Tigard Public Works, City of Tigard Water Department, Tualatin Valley Fire and Rescue has reviewed this application and have offered no comments or objections. No other comments have been recieved. SECTION III . ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS : Use Classification: The applicant is proposing a restaurant . A restaurant is classified in Code Section 18 . 42 (Use Classifications) as Eating and Drinking Establishment . Section 18 . 68 . 030 (2) (o) states that Eating and drinking establishments, either separately or in combination with other listed uses, shall not exceed a total of 20 percent of the entire square footage with the development complex. The applicant shall provide the Planning Division with calculations on the total square footage within the Pacific Corporate Center subdivision and the uses associated with those square footages, to show compliance with Section 18 . 68 . 030 (2) (o) . Minimum Lot Area: Section 18 . 68 . 050 states that there is no minimum lot area for parcels in the I-P zoning district . The site has an average lot width of approximately 420 feet, thereby exceeding the required 50 foot average minimum lot width. Developments within the I-P zone are required to provide a minimum of 25% landscaping except that 20% can be provided when: 1) Street trees are installed with a minimum caliper of three inches rather than two inches at four feet in height; 2) The landscaping between a parking lot and street property line shall have a minimum width of ten feet; and 3) All applicable buffering, screening, and setback requirements shall be satisfied. The applicant is proposing approximately 36, 935 square feet, or 26% of the site, for landscaping, thereby satisfying this requirement . Setbacks : Section 18 . 68 . 050 states that the front yard setback is 35 feet and that on corner lots the setback shall be a minimum of 20 feet on any lot facing a street . As indicated on the site plan, the proposal meets setback requirements . The maximum building height is 45 feet . NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 4 The applicant is proposing a building height of 20 feet, thereby meeting this requirement. Minimum Off-Street Parking: Section 18 . 106 . 030 (C) requires a minimum of one parking space per 50 square feet of dining area plus 1 space for every 2 employees . The plan shows approximately 3 , 800 square feet of seating area, thereby requiring 76 parking spaces . The applicant states that there will be 22 employees per shift, thereby requiring 11 parking spaces. The total number of required parking spaces for this use is therefore 87 parking spaces . The site plan shows the provision of 100 spaces, thereby satisfying this requirement . The Americans with Disabilities Act (ADA) , which became effective on January 26, 1992, requires four disabled parking space if 76 to 100 parking spaces are provided. The proposed site plan shows the provision of four disabled person parking spaces, thereby satisfying this requirement . Bicycle Parking: Section 18 . 106.020 (P) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development. Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways . Six bicycle parking spaces will be required for this development. The plan shows the provision of seven spaces, thereby satisfying this requirement . Access : Section 18 . 108 . 080 requires that commercial and industrial uses which requires more than 100 parking spaces provide two accesses with a minimum width of 30 feet and a minimum pavement width of 24 feet . This criteria is satisfied as access is provided onto SW Cardinal Lane and SW Sequoia Parkway. Walkways : Section 18 . 108 . 050 (A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress . Walkways shall provide convenient connections between buildings in multi-building complexes . The plan provides a walkway connection to SW Cardinal Lane. A revised site plan shall be submitted which provide for a walkway connection to the adjoining Centennial Bank building. The walkway shall connect with the walkway provided with the Centennial Bank approval . NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 5 Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 inch vertical separation (curbed) or a minimum 3 foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obtructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards . Landscaping Plan: Section 18 . 100 . 015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type and location of trees and shrubs . Street Trees : Section 18 . 100 . 033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with section 18 . 100 . 035 . Section 18 . 100 . 035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large) . Street trees have been provided on this site with the original site development (SDR 94-0023) approval in 1994 . Screening: Special Provisions : Section 18 . 100 . 110 (A) states that trees shall be planted in landscaped islands in all parking areas and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect . The landscape plan shows the provision of trees within the parking area, thereby satisfying this requirement . Visual Clearance Areas : Section 18 . 102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height . The code provides that obstructions which may be located in this NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 6 area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed) . A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. As indicated on the site plan this requirement will be satisfied. Mixed Solid Waste and Reoyclables Storage : Section 18 . 116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers . The applicant shall choose one of the following four methods to demonstrate compliance : Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. The applicant will need to submit evidence or a plan which indicates compliance with this section. Regardless of which method is chosen, the applicant shall provide a written hauler sign-off regarding the location and compatibility of service equipment . B . PUBLIC FACILITY CONCERNS : Sections 18 . 164 . 030 (E) (1) (a) (Streets) , 18 . 164 . 090 (Sanitary Sewer) , and 18 . 164 . 100 (Storm Drains) shall be satisfied as specified below: 1 . TRAFFIC IMPACTS: The original traffic study for the Pacific Corporate Center subdivision was prepared by Mackenzie Engineers in 1988 and provided the guidelines for the subsequent construction of the roads and traffic signals . A revised update report by Mackenzie dated July 19, 1994 indicates that the proposed development is consistent with assumptions of the 1988 report . The access to the new restaurant will be provided by driveways from both SW Cardinal Lane and SW Sequoia Parkway. In 1993 , SW Cardinal Lane was approved for construction together with the Home Depot development and has been completed. In addition, SW Sequoia Parkway was constructed with the original development in 1989, and the new driveway construction was permitted with the application in March, 1994 . Therefore, no further street construction should be NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 7 required. However, this development is required to pay traffic impact fees (TIF) to help to fund off-site improvements which may be needed in the area as the result of continuing development . 2 . STREETS : As noted above, the proposed development will take access from driveways that connect to both SW Cardinal Lane and SW Sequoia Parkway. This driveway construction was approved with the previous application, and is subject to a joint use and maintenance agreement that was established in 1995 . 3 . SANITARY SEWER: The site currently has 8 inch public sanitary sewer lines located within each public street . The lines have sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards SW Sequoia Parkway. The stormwater run-off will be collected in a private underground system and directed to a water quality facility located on-site between SW Sequoia Parkway and the existing Building #235 (Office Depot) , contiguous and westerly of the restaurant site. The final drainage design has also been approved by the previous application and is consistent with both the quality and quantity standards of the Unified Sewerage Agency. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. The proposed on-site water quality facility will be privately maintained. SECTION V. PROCEDURE 1 . Notice : Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 8 XX Owners of record within the required distance XX The affected Citizen Involvement Team Representative XX Affected government agencies 2 . Final Decision: THE DECISION SHALL BE FINAL ON 8/16/95 _UNLESS AN APPEAL IS FILED. 3 . 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 . Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon. The deadline for filing of an appeal is 3 :30 p.m. 8/16/95 . 4 . Ouestions : If you have questions, please call City of Tigard Planning Department (639-4171) , City of Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon 97223 _iC/� 3et C".r�/:�� 8/3/95 PREPARED BY: William D'Andrea DATE Assistant Planner APPROVED BY: Richard Bewersdorff DATE Senior Planner NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 9 BONITR RC7 a 0 cn m 0 C 0 > CL CARDINAL LN tS~ to A w X TIN < cr w RE[7WtUC} LN z C3 0 C7 KABLE LN x w Q -3 0 C 0 u)) Ca VICINITY EXHIBiT MAP CASE: TNOTH Site Developtent Review (SDR) Scala 95-0013 F``T 0 400 800 BMLIBAN 'S RESTAURANT 3/9S id,\CISDAi\SIGCOV\fi4.SOWG\SXN13 311 SIR 95-0013 BOULIHAN'S RESTAURANT - SITE PLAN ~ylr i -y i 11-- 11 161111 L I 111111 ~ ' t-- 71411 4 r " r'~ rt E ? ' ~ ~7yl~y\ ~YIY 1 l 1 QM =~P.t M~ M..X•• r \ 11 n y M1 fr1_~y' }I sj r .4~- µ - 4g q; N 7uLlN~iiN'S RE57AllRANT MACXENZIE rNGrNEERiNC 1riCC8FQVATED 'll'~~~ pp u ~ ~ ~ TxCiF1❑ ca 1FG,~TC G:1fTC1S CA7 . :n,.: ,.u . p . rrr.~ar.:-n GgN j Wks 9 Q yes A TtGARD. ORE 7srt~^a Y71G ~-x~ SITE PLAN xm.rms.+.c omw tav x4o ~ i REQUEST FOR COMMENTS REQUEST FOR COMMENTS ___vEIVED PLANNING JUL 171995 CITY OF TIGARD DATE: July 5, 1995 OREGON TO: Kelley Jennings, Tigard Police Department FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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. Writte comments provided below: VW fr) See, 60 6 i 5 ' _ • A. .4 CS'(--Q A d4 't 1 ANA -it O .._ 6 .14•WOL-A (Please provide the following information) Ate Name of Person Commenting: A __, �, ■iv BAs Phone Number: I SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT 08.01/95 12:46 22503 526 2538 TV FIRE MARSHAL IJ004%004 REQUEST FOR COMME S 4' CITY OF TIGARD DATE: July 5, 1995 OREGON TO: Fire Marshall FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (303) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW MDR) 95-0013 HOULIHAN'S RESTAURANT • The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses_ APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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. JUL 1 2 1995 Please contact of our office. Please refer to the enclosed letter. FIRE. , urri4E Written comments provided below: 7- 2-7 . " . -15 -nv\_ (Please provide the following information) Name of Person Commenting: Phone Number: SOR 95-0013 June 29.1995 HOULIHAN'S RESTAURANT EQUEST FOR COMMENTS ECI:..,0 PLANNING JUL 12 1995 CITY OF TIGARD DATE: July 5, 1995 OREGON TO: Dave Scott, Building Official FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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: ti We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: 31\ SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT EQUEST FOR COMMENTS RECEIVED PLANNING JUL 12 CITY OF TIGARD DATE: July 5, 1995 1995 OREGON TO: Engineering Office, General Telephone FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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: 0,2N °E Pwce_ Co Ni t-r PE& 6*TE 'S 5PEcLFtc4"nof‘-►S (Please provide the following information) Name of Person Commenting: 4;1, 0J,L4.0›..4"-la Phone Number: 0 42-0-5911 SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT REQUEST FOR COMME1 -D PLANNING JUL 11 1995 CITY OF TIGARD DATE: July 5, 1995 OREGON TO: Tualatin Valley Water District FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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: citA (Please provide the following information) Name of Person Commenting: Phone Number: (c - I I 1 1 SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT EQUEST FOR COMMEN10Ef PLANNING JUL 1 0 1 995 CITY o TIIGARD DATE: July 5, 1995 OREGON TO: Brian Moore, Portland General Electric FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: * We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) l �1 Name of Person Commenting: l 3 + oc. 2..r -a ct� Phone Number: SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT I RECEIVED PLANNING REQUEST FOR COMMENTS JUL 10 1995 CITY OF TIGARD DATE: July 5, 1995 OREGON TO: Scott Palmer, Northwest Natural Gas Company FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -July 17, 1995. 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: XX X 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: WE NOW HAVE A GAS LINE STUBBED TO THE SW CORNER OF PROJECT . (Please provide the following information) Name of Person Commenting: G SCOTT PALMER Phone Number: C503) 721-2449 SDR 95-0013 June 29, 1995 HOULIHAN'S RESTAURANT EQUEST FOR COMMENTS A CITY OF TIGARD DATE: June 29, 1995 OREGON TO: Per Attached FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0013 HOULIHAN'S RESTAURANT ► The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 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 -June 19,1995. You may use the space provided below or attach a separate letter to return your comments. If you are unable to respond by the above date, please phone the staff contact noted above with your comments and confirm your comments in writing as soon as possible. If you have any questions, contact the Tigard Planning Department, 13125 SW Hall Boulevard, Tigard, OR 97223. PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. — Please refer to the enclosed letter. Written comments provided below: (Please provide the following information) Name of Person Commenting: Phone Number: SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT I<tbUCJi rUl< ■.L..)IVIIVICIVIJ NOTI 1CN UST FOR LAND USE do DEVELCPMENT APPUC NS : , CITIZEN INVOLVEMENT TEAMS :1.:I`° ` , L4 1 (circle) ( "�On� ��CT Area ((N) (S) (C) Placed for review in library CIT Book " CPC NO ,;:,4"7,,,.. CITY DEPARTMENTS 2Building Ctficial/Dave Scott _Police/Kelly Jennings Reld Operations/John Acker _ Cry Recorder/Cathy Wheatley Engineenng/MiCnael Anderson — PerrTuts Faatltator/Jerree Gaynor Advanced Panning/Carol Landsman _Water Department/Michael Miller• SPECIAL DiS1RICT i `: •• `x o' • > 5 `! ,fi fi .: > S.iiii ;t. €:.na4k i:ii �iiiis• V'Fire Marshall Unified Sewerage Agency Zalatin Valley Water District Wa. County Frre District SWM Program/Lee Walker PO Box 745 (rock-up box) 155 N. =irst Street Beaverton,OR 97075 Hillsboro,CR 97124 AFFECTED JURISDICTIONS . We. Co. Deot. of Land Use&Transportation Boundary Commission _METRO -GREENSPACES PROGRAM 150 N. First Avenue 800 NE Oregon St. #16.Suite 540 Mel Hue (CPA's/ZOA's) Hillsboro.CR 97124 Portlana.CR 97232-2109 600 NE Grand Avenue Portland.CR 97232-2736 _Brent Curtis(CPA's) _State Highway Division _.;im Tice(IGA'S) Sam Huncidi — COOT/Region 1 _Mike Borreson(Engineer) PO Box 25412 Laune Nicholson/Transportation Planning _Scott King(CPA's) Portland,CR 972`5.0412 123 N.W. Flanders _Tom Harry(Current Planning App's) Portland.CR 97209-4037 Lynn Bailey(Current Planning App's) —Cregon DLCO(CPA's/ZOA's) 1175 Court Street.N.E. _Other —City of Beaverton Salem.CR 97310-0590 Jim Hencryx-Principal Planner _City of Portland PC Box 4i55 _C.`ty of Durham Planning Director Beaverton,CR 97076 City Manager 1120 SW 5th PO Box 23483 Portland.CR 97204 _City of lGng City Tigard.OR 97281-3483 City Manager _City of Lake Oswego 15300 SW 116th _City of Tualatin City Manager ling City.CR 97224 PO Box 369 PO Box 369 Tualatin.CR 97062 Lake Oswego.CR 97034 n------ SPECIAL.AGENCIES General Telephone /Portland Generci EElectnc —Columoia Cable Engineering Office Brian Moore Craig Eyestone PO Sox 23416 14655 SW Old Schcils Ferry Road 14200 SW 9ngcdoon Court Tigard,CR 97281-3416 Beaverton,CR 97007 Beaverton. CR 97005 NW Natural Gcs _Metro Area Con Hewitt —Tri-Met Transit Deveioprnent Scott Palmer Twin Oaks Technology Center 1Gm Knox. Project Planner 220 NW Second Avenue 1815 NW 169th Place S-6C20 710 NE Holiaacy Street Portland,CR 97209-3991 3ecverton,CR 97CC6-4886 Portland.CR 97232 _TC! Caolevision of Oregon —US West Communications — Southern Pacific Transportation Co. Lnda Peterson Pete Neison Duane M. Forney.PLS- Project Engineer 3500 SW Bond Street 421 SW Cck Street 800 NW 6th Avenue Room 324. Union Station Portland,CR 97201 Portland,CR 97204 Portland.CR 97209 ;> STATE AGENCIES _Aeronautics 2ivisicn(COOT) _Division of State Lands —US Postal Service Commerce Dept. - M.H. Perk _Fsh &Wildlife Panay Hammock.Growth Coordinator ?UC _CCGAMI Cedar Mill Station _2ect. of Environ. e.uciity Pcrticnd,CR 97229-9998 F. FEDERAL AGENCES f. Corc.s. or =g:reers —Ober MAILING RECORDS 1 :a%t,'il ai ' CITY OF TIGARD 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 a Senior Office Assistant for The City of Tigard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: X That I served NOTICE OF DECISION FOR: X City of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer Tigard City Council A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhibit "B", on the 3rd day of August, 1995; said NOTICE OF PUBLIC HEARING/NOTICE OF DECISION/NOTICE OF FINAL ORDER as hereto attached, was posted on an appropriate bulletin board on the 3rd day of August. 1995 and deposited in the United States Mail on the 3d day of August, 1995,postage prepaid. • •- i /'ir 'repared Notice) Subscribed and sworn/affirmed before me on the 1. Sr day of 1 La11, 19 7S-- f�+•,� OFFICIAL SEAL 'I 4.' + �• lOr t / e^ DIANE M JELDERKS ∎7,f _ NOTARY PUBLIC-OREGON NOTARY PUB Tx F OREGON `:;1, COMMISSION NO 046142 MY COMMISSION EXPIRES SEPTEMBER 07,1999 My Commission Expires: i r iSDR 95-0013 NOTICE OF DECISION BY THE PLANNING DIRECTOR H OULIHAN'S RESTAURANT i. EXIT CITY OF TIGARD NOTICE OF DECISION • SITE DEVELOPMENT REVIEW SDR 95-0013 HOULIHAN' S RESTAURANT APPLICATION: The applicant requests a Site Development Review approval to allow the construction of a 5, 700 square foot restaurant . Zoning: I-P (Professional Industrial) . Location: Lot #8 (WCTM 2S1 12DA, tax lot 200) . SECTION I - 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 . THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED PRIOR TO THE ISSUANCE OF BUILDING PERMITS. UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE MICHAEL ANDERSON OF THE ENGINEERING DEPARTMENT. 1 . Washington County has established and the City has agreed to collect Traffic Impact Fees in accordance with Resolution No. 90-65 . The applicant shall pay the fee established for the proposed use . 2 . Revised site and landscaping plans shall be submitted for review by the Planning Division, Staff Contact : Will D 'Andrea. The revised plans shall include the following: a . Calculations on the total square footage within the Pacific Corporate Center subdivision and a breakdown of the uses associated with those square footages, to show compliance with Section 18 . 68 . 030 (2) (o) . Section 18 . 68 . 030 (2) (a) states that Eating and drinking establishments, either separately or in combination with other listed uses, shall not exceed a total of 20 percent of the entire square footage with the development complex. c . Walkway connection to the adjoining Centennial Bank building. The walkway shall connect with the walkway provided with the Centennial Bank approval . NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 1 . d. A plan which shows compliance with Community Development Code Chapter 18 .116, Mixed Solid Waste and Recyclable Storage. The applicant . shall choose one of the following four methods to demonstrate compliance: Minimum Standard, Waste Assessment, Comprehensive Recycling Plan or Franchised Hauler Review and Sign-off. Regardless of which method is chosen, the applicant shall provide a written hauler sign- off regarding the location and compatibility of service equipment . 3 . An exterior lighting plan shall be submitted to the Police Department for review and approval . Staff Contact : Kelly Jennings, Police Department . THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. 4 . All site improvements shall be installed as approved per the revised site plan. IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE: THIS IS NOT AN EXCLUSIVE LIST 1. 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. SECTION II . FINDINGS OF FACT 1 . Backround: Tax lot 200, which is also lot #8 of the Pacific Corporate Center subdivision, was created through the platting of the subdivision in December, 1989 . The preliminary plat for this subdivision was approved by the City' s Land Use Hearings Officer on June 2, 1989 . In 1993, a Site Development Review / Lot Line Adjustment (SDR 93-0023 / MIS 93-0018) application was approved to allow the NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 2 construction of two buildings of 25, 000 and 28, 000 square feet in size. In 1994, a Site Development Review (SDR 94- 0021) was approved to allow a major modification of an approved plan to allow the construction of a 21, 102 square foot bank. 2 . Vicinity Information: The site is located between SW Sequoia Parkway and I-5, south of the eastern terminus of SW Cardinal Lane . The site and the entire Pacific Corporate Center are zoned I-P (Industrial Park) . A Home Depot store is located immediately to the north of this site. Lots 5 and 6 of the Pacific Corporate Center subdivision, which are south of the subject site, presently vacant and covered primarily with low grasses, although an approval has been given for three office buildings on this site. Office and industrial buildings owned by Pacific Realty Associates are located on the west side of SW Sequoia Parkway. 3 . Site Information and Proposal Description: The parcel has frontage on SW Sequoia Parkway and SW Cardinal Lane. The parcel is currently developed with an Office Depot and Centennial Bank building. The 6 acre site slopes west from the interstate, is below the grade of the Interstate and provides exposure to freeway traffic. The applicant requests for a site development review approval to construct a 5, 700 square foot restaurant building on the northeastern corner of parcel . 4 . Agency Comments : Tualatin Valley Fire and Rescue has reviewed this application and has offered the following comments : Provide fireflow for the building to the Fire Marshall' s office. Provide a fire hydrant so that all portions of the building are within 250 feet . The City of Tigard Police Department has reviewed this application and has offered the following comments : The applicant shall provide a parking lot lighting plan for review and approval. NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 3 The City of Tigard Buiding Division, City of Tigard Public Works, City of Tigard Water Department, Tualatin Valley Fire and Rescue has reviewed this application and have offered no comments or objections. No other comments have been recieved. SECTION III . ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: Use Classification: The applicant is proposing a restaurant . A restaurant is classified in Code Section 18 .42 (Use Classifications) as Eating and Drinking Establishment. Section 18 . 68 . 030 (2) (o) states that Eating and drinking establishments, either separately or in combination with other listed uses, shall not exceed a total of 20 percent of the entire square footage with the development complex. The applicant shall provide the Planning Division with calculations on the total square footage within the Pacific Corporate Center subdivision and the uses associated with those square footages, to show compliance with Section 18 . 68 . 030 (2) (o) . Minimum Lot Area: Section 18 . 68 . 050 states that there is no minimum lot area for parcels in the I-P zoning district . The site has an average lot width of approximately 420 feet, thereby exceeding the required 50 foot average minimum lot width. Developments within the I-P zone are required to provide a minimum of 25% landscaping except that 20% can be provided when: 1) Street trees are installed with a minimum caliper of three inches rather than two inches at four feet in height; 2) The landscaping between a parking lot and street property line shall have a minimum width of ten feet; and 3) All applicable buffering, screening, and setback requirements shall be satisfied. The applicant is proposing approximately 36, 935 square feet, or 26% of the site, for landscaping, thereby satisfying this requirement . Setbacks : Section 18 . 68 . 050 states that the front yard setback is 35 feet and that on corner lots the setback shall be a minimum of 20 feet on any lot facing a street . As indicated on the site plan, the proposal meets setback requirements . The maximum building height is 45 feet . NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 4 The applicant is proposing a building height of 20 feet, thereby meeting this requirement . Minimum Off-Street Parking: Section 18 . 106 . 030 (C) requires a minimum of one parking space per 50 square feet of dining area plus 1 space for every 2 employees . The plan shows approximately 3 , 800 square feet of seating area, thereby requiring 76 parking spaces . The applicant states that there will be 22 employees per shift, thereby requiring 11 parking spaces . The total number of required parking spaces for this use is therefore 87 parking spaces . The site plan shows the provision of 100 spaces, thereby satisfying this requirement . The Americans with Disabilities Act (ADA) , which became effective on January 26 , 1992 , requires four disabled parking space if 76 to 100 parking spaces are provided. The proposed site plan shows the provision of four disabled person parking spaces, thereby satisfying this requirement . Bicycle Parking: Section 18 . 106 . 020 (P) requires one bicycle parking rack space for each 15 vehicular parking spaces in any development . Bicycle parking areas shall not be located within parking aisles, landscape areas, or pedestrian ways . Six bicycle parking spaces will be required for this development . The plan shows the provision of seven spaces, thereby satisfying this requirement . Access : Section 18 . 108 . 080 requires that commercial and industrial uses which requires more than 100 parking spaces provide two accesses with a minimum width of 30 feet and a minimum pavement width of 24 feet . This criteria is satisfied as access is provided onto SW Cardinal Lane and SW Sequoia Parkway. Walkways : Section 18 . 108 . 050 (A) requires that a walkway be extended from the ground floor entrance of the structure to the street which provides the required ingress and egress . Walkways shall provide convenient connections between buildings in multi-building complexes . The plan provides a walkway connection to SW Cardinal Lane . A revised site plan shall be submitted which provide for a walkway connection to the adjoining Centennial Bank building. The walkway shall connect with the walkway provided with the Centennial Bank approval . NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 5 Wherever required walkways cross vehicle access driveways or parking lots, such crossings shall be designed and located for pedestrian safety. Required walkways shall be physically separated from motor vehicle traffic and parking by either a minimum 6 inch vertical separation (curbed) or a minimum 3 foot horizontal separation, except that pedestrian crossings of traffic aisles are permitted for distances no greater than 36 feet if appropriate landscaping, pavement markings, or contrasting pavement materials are used. Walkways shall be a minimum of four feet in width, exclusive of vehicle overhangs and obtructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards . Landscaping Plan: Section 18 . 100 . 015 requires that the applicant submit a landscaping plan. This requirement has been satisfied as the applicant has submitted a plan indicating the number, type and location of trees and shrubs . Street Trees : Section 18 . 100 . 033 states that all development projects fronting on a public street shall be required to plant street trees in accordance with section 18 . 100 . 035 . Section 18 . 100 . 035 requires that street trees be spaced between 20 and 40 feet apart depending on the size classification of the tree at maturity (small, medium or large) . Street trees have been provided on this site with the original site development (SDR 94-0023) approval in 1994 . Screening: Special Provisions : Section 18 . 100 . 110 (A) states that trees shall be planted in landscaped islands in all parking areas and shall be equally distributed and on the basis of one tree for each seven parking spaces in order to provide a canopy effect . The landscape plan shows the provision of trees within the parking area, thereby satisfying this requirement . Visual Clearance Areas : Section 18 . 102 requires that a clear vision area shall be maintained on the corners of all property adjacent to intersecting right-of-ways or the intersection of a public street and a private driveway. A clear vision area shall contain no vehicle, hedge, planting, fence, wall structure, or temporary or permanent obstruction exceeding three feet in height . The code provides that obstructions which may be located in this NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 6 area shall be visually clear between three and eight feet in height (trees may be placed within this area provided all branches below eight feet are removed) . A visual clearance area is the triangular area formed by measuring a 30 foot distance along the street right-of-way and the driveway and then connecting these two 30 foot distance points with a straight line. As indicated on the site plan this requirement will be satisfied. Mixed Solid Waste and Recyclables Storage : Section 18 . 116 requires that new construction incorporates functional and adequate space for on-site storage and efficient collection of mixed solid waste and source separated recyclables prior to pick-up and removal by haulers . The applicant shall choose one of the following four methods to demonstrate compliance: Minimum standard, Waste assessment, Comprehensive recycling plan, or Franchised hauler review and sign-off. The applicant will need to submit evidence or a plan which indicates compliance with this section. Regardless of which method is chosen, the applicant shall provide a written hauler sign-off regarding the location and compatibility of service equipment . B. PUBLIC FACILITY CONCERNS: Sections 18 . 164 . 030 (E) (1) (a) (Streets) , 18 . 164 . 090 (Sanitary Sewer) , and 18 . 164 . 100 (Storm Drains) shall be satisfied as specified below: 1 . TRAFFIC IMPACTS: The original traffic study for the Pacific Corporate Center subdivision was prepared by Mackenzie Engineers in 1988 and provided the guidelines for the subsequent construction of the roads and traffic signals . A revised update report by Mackenzie dated July 19, 1994 indicates that the proposed development is consistent with assumptions of the 1988 report . The access to the new restaurant will be provided by driveways from both SW Cardinal Lane and SW Sequoia Parkway. In 1993, SW Cardinal Lane was approved for construction together with the Home Depot development and has been completed. In addition, SW Sequoia Parkway was constructed with the original development in 1989, and the new driveway construction was permitted with the application in March, 1994 . Therefore, no further street construction should be NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 7 required. However, this development is required to pay traffic impact fees (TIF) to help to fund off-site improvements which may be needed in the area as the result of continuing development . 2 . STREETS: As noted above, the proposed development will take access from driveways that connect to both SW Cardinal Lane and SW Sequoia Parkway. This driveway construction was approved with the previous application, and is subject to a joint use and maintenance agreement that was established in 1995 . 3 . SANITARY SEWER: The site currently has 8 inch public sanitary sewer lines located within each public street. The lines have sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards SW Sequoia Parkway. The stormwater run-off will be collected in a private underground system and directed to a water quality facility located on-site between SW Sequoia Parkway and the existing Building #235 (Office Depot) , contiguous and westerly of the restaurant site. The final drainage design has also been approved by the previous application and is consistent with both the quality and quantity standards of the Unified Sewerage Agency. The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No. 91-47) Surface Water Management Regulations requiring the construction of on-site water quality facilities or fees in-lieu of their construction. The proposed on-site water quality facility will be privately maintained. SECTION V. PROCEDURE 1 . Notice : Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 8 XX Owners of record within the required distance XX The affected Citizen Involvement Team Representative XX Affected government agencies 2 . Final Decision: THE DECISION SHALL BE FINAL ON 8/16/95 _UNLESS AN APPEAL IS FILED. 3 . 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 . Appeal fee schedule and forms are available at Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon. The deadline for filing of an appeal is 3 :30 p.m. 8/16/95 . 4 . Ouestions: If you have questions, please call City of Tigard Planning Department (639-4171) , City of Tigard City Hall, 13125 SW Hall Blvd. , Tigard, Oregon 97223 all--12g/21-frD/3-G7�. 8/3/95 PREPARED BY: William D'Andrea DATE Assistant Planner APPROVED BY: Richard Bewersdorff DATE Senior Planner NOTICE OF DECISION SDR 95 - 0013 HOULIHAN'S PAGE 9 \\\ \ • BONITA RD - 1 r 1\\......______r • . \ 1 0 - 0 m O C Q. w CI , z CARDINAL LN • z • Q N �� / J C. to a s w l- ip 1 o M Cn CC Lit Q REDWOOD LN Z LI I- U- o 0 Q 0 CE OABLE LN w ,I; 0 I Q 0 w U) c(1U la , ciA VICINITY EXHIBIT MAP CASE: T NORTH Site Development Review (SDR) Scale 1".2OO 95-0013 FEET _ 0 400 300 HOULIHAN'S RESTAURANT M,\GISOAT\TIGCOV\NELSOWG\SXN17 ]/17/95 , SDR 95-0013 A IHAN'S RESTAURANT — — SITE PLAN — — • y 4 1 ill ........ II i 31. ti€ O O . MiNite I ( ....--- ' f I 71.,00 IN. c:::f.,,,..... 0 I? I .... • . D voLl tIN.12E• „ , 0 I' w 0 ,a Ng• II• � .# /l/ 1 I (l 0 L 3 1 k ., , I ' \,. * 1 0 \''ML114..- 1- 1 t., 1 4 I a K 14a7 . Ill �— o +1-b Ik oaf 1 U f 49 i .y � r � ` `. t\ 1!_.4 i I 11111 "11.0111911 A iniii iii3511 4 ;� a8 t f ..m.....,:•• ;{ ai i t N HODUHAN'S RESTAURANT YACKENzic ENONEEMN6 INCO*/ORATLD .+....10,,J g 3 J: roam CONNIMAr[care a.. a,.......=14117«.s., -- �. i tE 1 a TIGARD. OREGON +�•— 4 3 �./�c . SITE PLAN -- --•• a.1r11.W..,.s e• .1n1 u. r. SDR 95x0013 .,.) C REALTY ASSOCIATION (Page 1 of 1) EXHIBIT $ 2S112AD-00900 2S112AD-01000 HOME DEPOT USA, INC PACIFIC REALTY ASS. • " " P ' 5690 DTC BLVD SUITE 290 15115 • - -; .. • PKWY #200—WMI ENGLEWOOD CO 95125 •: - • D OR 97224 ,2S112DA-00200 2S112DA-00300 PACIFIC REALTY ASSOCIATES L P PACIFIC REALTY ASS' • - • 15115 SW SEQUOIA PKWY #200—WMI 15115 • - -es* • PKWY #200—WMI PORTLAND OR 97224 LAND OR 97224 2S112DA-00500 . PACIFIC REALTY ASSOCI4 - • M IE/SAITO 15115 SW 7 • •KWY #200—WMI "' PO BOX 69039 •• '' If' D OR 97224 k r- V' PORTLAND OR 97201 PACIFIC REALTY ASSOCIATES L P 15350 SW SEQUOIA PKWY 1300 P(I TLAND CR 97224 1 R CFI' F (COMMUNITY NEWSPAPERS, INC. Legal !�+JG 0 8 7995 P.O. BOX 370 PHONE(503)684-0360 Notice TT 8 2 8 2 BEAVERTON, OREGON 97075 .Ty OF TIGARD Legal Notice Advertising •City of Tigard • ❑ Tearsheet Notice 13125 SW Hall Blvd. •Tigard,Oregon 97223-8199 • ❑ Duplicate Affidavit *Accounts Payable—Terry • SITE DRVELOPMENT REVIEW(SDR) S 13 HO >i IHAN'S RESTAURANT The Director has approved, subject to conditions, a request for Site Development Review approval to allow construction of a 5,700 square AFFIDAVIT OF PUBLICATION foot restaurant.LOCATION:Lot#8(WCTM 2S1 I2DA,tax lot 200)of Pacific Corporate Center. West of Interstate 5, south of S.W. Cardinal STATE OF OREGON, Lane and east of S.W.Sequoia Parkway.ZONE: I-P(Industrial Park).The COUNTY OF WASHINGTON, ass. Industrial Park zoning allows public agency administrative services, I, Kathy Snyder public support facilities,professional and administrative services finan- cial, insurance, and real estate services, business support services, being first duly sworn, depose and say that I am the Advertising manufacturing of finished products, ac Director, or his principal clerk, of theca; cr at I= the Advertising Times storage,and distribution, among other packaging APPLICABLE RE IEIW a newspaper of general circulation as defined in ORS 193.010 CRITERIA: Community Development Code Sections 18.68, 18.100, and 193.020; published at Tigard_ in the 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 and aforesaid county and state; that the 18.164. Site Develop—Hc1lihan' s nest. a printed copy of which is hereto annexed, was published in the 1 r ,, entire issue of said newspaper for ONF successive and �'l consecutive in the following issues: ` i August 3 , 1995 . Ix i� K a jyncL , 1 . Subscribed and sworn t ore me thi• • • • e • t , 1 ///� s No Public for Oregon � 1410W OC\N • My Commission Expires: AFFIDAVIT 0 ff. er-ux N / pp u S,-ri 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 Awls X225• Any party to the decision may appeal this decision in accor- dance with Section 18.32.290(A)and Section 18.32.370 of the Com- munity Development Code,which filed within 10 days after notice is provides v, en and tsent.The deadline e for may of an appeal is 3:30 P.M.,August 14 1995. TT8282—Publish August 3, 1995. L-R� 1 ,. CITY 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. SW, Q S- OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION otvsr Sau77f of (A) Application form (1) S( ) CibuDi u t Cuc- • - S•4t [ I (B) Owner's signature/written TAX MAP AND TAX LOT NO. P -Z_ d 7 (2 authorization C: p. CerJA.10c I f (C) Title transfer instrument (1) SITE SIZE 1,3‹, Act (D) Assessor's map (1) PROPERTY OWNER/DEED HOLDER*f7 c K V AUSt (E) Plot plan (pre-app checklist) /53 St) S w SeSZ2�avf� ADDRESS emic.Lc,iv sue 300 PHONE 4724o3C0 (F) Applicant's statement CITY Tcry y, 1 9rJ ZIP �-j�?_4- (pre-app checklist) APPLICANT* MAcjcrrvue-1 To (G) List of property owners and ADDRESS g J2,ox PHONE addresses within 250 feet (1) CITY P>47li6rv2 ZIP x/'120 j (H) Filing fee ($ ) *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 DETERMINED TO BE COMPLETE: from the owner or an agent of the owner with written authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this application. COMP. PLAN/ZONE DESIGNATION: 2. PROPOSAL SUMMARY The owners of record of the subject property request site development review approval to N.P.O. Number: allow ex jni`ply." c�7 AJ C A- Nc Approval Date: c loo t 7vw.w•v7 -e AuFr `"'y " ct ._ c'12 Afft4 covv7 Final Approval Date: �wvl ,„„ ,14,2,770,mt /Uv Planning Engineering 0524P/13P Rev'd 5/87 — C 3. List any variance, conditional not, censitive lands, or ether land new actions to be considered as part of thin application: _ 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet cc the time you submit this application. 5. TUE APPLICANT(S) SHALL CEMI/T THAT; .. • •-- --A. -The •above -request does not vin1ete any deed restriCCions 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 tb. conditions and limitations of the approval. C. All of the above statements and the statements to the plot plan, attachments, and exhibit* transmitted herewith, are true; and the applicants an 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, tuciuding the policies and criteria, and understands the requirements for approving or denying the application. '`t p DATED this / day of 19 SIGNATURES of each owner (eg. husband and wife) of the subject property. mr Agri A VS • (KSL:pm/0524r) PROPOSAL DESCRIPTION CITY OF TIGARD OREGON FILE NO: SITE DEVELOPMENT REVIEW (SDR) 95-0013 FILE TITLE: HOULIHAN'S RESTAURANT APPLICANT: Mackenzie/Saito OWNER: Pacific Realty Association 0690 SW Bancroft Street 15350 SW Sequoia Pkwy., Suite 300 PO Box 69039 Portland, OR 97224 Portland, OR 97201-0039 (503) 624-6300 (503) 224-9570 REQUEST: The applicant requests Site Development Review approval to allow construction of a 5,700 square foot restaurant. LOCATION: Lot #8 (WCTM 2S1 12DA, tax lot 200) of Pacific Corporate Center. West of Interstate 5, south of SW Cardinal Lane and east of SW Sequoia Parkway. ZONE: I-P (Industrial Park). The Industrial Park zoning allows public agency administrative services, public support facilities, professional and administrative services,financial, insurance, and real estate services, business support services, manufacturing of finished products, packaging and processing, wholesale, storage, and distribution, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Sections 18.68, 18.100, 18.102, 18.106, 18.108, 18.114, 18.116, 18.120, 18.150, 18.162 and 18.164. CIT: East CIT FACILITATOR: Joel Stevens PHONE NUMBER: (503) 293-1254 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 ARCHITECTURAL PLAN SITE PLAN X OTHER STAFF CONTACT: Will D'Andrea (503) 639-4171 x315 SDR 95-0013 June 29,1995 HOULIHAN'S RESTAURANT MACKENZIE/SAITO & ASSOCIATES, P.C. ARCHITECTURE • PLANNING • INTERIOR DESIGN 0690 SW.BANCROFT STREET • P.O.BOX 69039 PORTLAND, OREGON 97201-0039 • (503)224-9570 • FAX(503)228-1285 June 27, 1995 City of Tigard Planning Department Attention: Will D'Andrea 13125 SW Hall Boulevard Tigard, OR 97223-8199 Re: Pacific Corporate Center Building 236 Site Development Review Submittal-Houlihan's Restaurant Project Number 295252 Dear Will: Enclosed are the following items for Site Development Review: A. Application B. Title transfer instrument or grant deed C. Applicant's statement(18 copies) D. Check for application fee($315 based on valuation of work at$250,000) E. Eighteen(18) sets of plans, including: 1. Vicinity Map and Site Plan 2. Grading Plan 3. Schematic Utility Plan 4. Landscape Plan 5. Preliminary Floor Plan 6. Preliminary Elevations F. Affidavit of posting notice G. Affidavit of mailing H. Copy of mailing I. Meeting minutes of neighborhood meeting J. Neighborhood meeting sign up sheet K. Copy of updated traffic analysis dated July 19, 1994 If you have questions or require additional information, please call. Sin erely, ()°)'/ Dennis R. Woods DRW/sk Enclosures F:\W PDATA\9 5-06\952 52\27 L2.S K MACKENZIE/SAITO & ASSOCIATES, P.C. ARCHITECTURE • PLANNING • INTERIOR DESIGN 0690 SW BANCROFT STREET • PO.BOX 69039 PORTLAND,OREGON 97201-0039 • (503)224-9570 • FAX(503)228-1285 June 27, 1995 City of Tigard Attention: Will D'Andrea 13125 SW Hall Boulevard Tigard,OR 97223-8199 Re: Pacific Corporate Center Building 236-Houlihan's Restaurant Project Number 295252 Dear Will: Enclosed are drawings for Site Design Review for a Houlihan's Restaurant at Pacific Corporate Center. Approval standards cited in Section 18.120.180(A)of the Tigard Code are addressed as follows: 1. "Code Sections" a. 18.84 Sensitive Lands Not applicable. There are no floodplain,drainage areas,wetlands,steep slopes,or unstable soils on the site. The slope adjacent I-5 will be protected and is not subject to Section 18-84. b. 18.94 Manufactured Homes Not applicable. c. 18.92 Density Not applicable. d. 18.144 Accessory Uses Not applicable. e. 18.96 Additional Yard Requirements The proposed buildings meet the required street frontage setbacks. f. 18.98 Building Height Limitation The proposed building is 20 feet in height;the maximum height allowed by code is 45 feet. g. 18.100 Landscaping and Screening The accompanying drawing indicates landscaping as required by Ch. 100,including street trees and within the parking area. Street trees also are used to define vehicular access and pedestrian areas,while evergreen and native materials are used to screen parking areas. An irrigation plan will be submitted with building permit documents. F:\WPDATA\95-06\95252\27LLSK Will D'Andrea Pacific Corporate Center,Building 236/Houlihan's Restaurant Project Number 295252 June 27, 1995 Page 2 h. 18.102 Visual Clearance Visual clearance areas are provided by the accompanying plan. i. 18.106 Off-Street Parking The accompanying plan provides 100 spaces. Based on the Code standard of one space per 50 square feet of dining area plus one space for every 2 employees,85 spaces are required. The parking area design meets the dimensional standards of the Code with respect to stall size, aisle width, and compact stall percentage. The plan also provides pedestrian corridors to link the main entry of the building with the street sidewalk. j. 18.108 Access The access plan indicated by the accompanying drawing provides vehicular access onto SW Cardinal Lane. The internal system has been designed to provide clear spaces for through movements,to reduce off-site conflicts. The plan meets the dimensional requirements of Section 18.108.080. A copy of the previously submitted traffic report is provided in support of this application. k. 18.114 Signs Signs will be individually illuminated wall-mounted letters and are within the Code standard for size. Signs vary in size from approximately 10 square feet on the west elevation to 25 square feet on the north,east,and south elevations. I. 18.150 Tree Removal There are no significant trees on the site. m. 18.164 Street and Utility Standards The site's street frontage is improved to City standards. 2. "Relationship to Natural Environment" As described above,soil and topographic conditions are not a difficulty on this site,and there are no significant trees. 3. "Exterior Elevations" This section does not apply, since no residential areas abut the site. 4. "Relationship Between Uses" The vicinity of the site is commercial and industrial in nature. The proposed buildings are similar in character,and the site development provides a quality of landscaping commensurate with existing development in the area. F:\WPDATA\95-06\95252\27LLSK Will D'Andrea Pacific Corporate Center,Building 236/Houlihan's Restaurant Project Number 295252 June 27, 1995 Page 3 5. "Privacy" Not applicable. 6. "Private Outdoor Area" Not applicable. 7. "Shared Recreation Use" Not applicable. 8. "Floodplain" There is no floodplain on the site. 9. "Public/Private Space" The distinction between public and private space is provided by signage and landscaping. 10. "Crime Prevention" Although this section applies primarily to residential development, this project will provide adequate lighting and accessibility as envisioned by the criteria. 11. "Access" See Section 18.108 discussion above. 12. "Public Transit" Not Applicable 13. "Parking" See Section 18.106 discussion above. 14. "Landscaping" See Section 18.100 discussion above. F:\WPDATA\95-06\95252\27L 1.SK Will D'Andrea Pacific Corporate Center,Building 236/Houlihan's Restaurant Project Number 295252 June 27, 1995 Page 4 15. "Drainage" Storm drainage is indicated by accompanying drawings. Water quality has been provided as part of the previously approved design. The water quality"biofilter"is located on the west side of Building 235. 16. "Handicapped Access" Access and handicapped parking is provided. 17. "Signs" Signs will be submitted under a separate permit. The exterior signage indicated on the attached elevations is within the allowable code. The signs,one per elevation,vary in size from 10 square feet to 25 square feet and are made of individually illuminated letters. 18. "Underlying Zone" All provisions of the IP zone are met by this proposal. No variances are proposed. Thank you for your review of this material. Sincerely, I it Dennis R. Woods DRW/sk Enclosure c: Ken Grimes-PacTrust Dave Cutter-Houlihan's Restaurant F:\WPDATA\95-06\95252\27LLSK ' ' MACKENZIE ENGINEERING INCORPORATED OAS' MQMS(al[`ri'Q[L, CIVIL • STRUCTURAL • TRANSPORTATION MACKENZIE/SAITO & ASSOCIATES, P.C. - ARCHITECTURE ARCHITECTURE • PLANNING • INTERIOR DESIGN 0690 S.W.BANCROFT STREET • P.O.BOX 69039 PORTLAND,OREGON 97201-0039 (503)224-9560 (503)224-9570 FAX(503)228-1285 Date: June 27, 1995 Project Number 195252 To: City of Tigard 13125 S.W. Hall Blvd Tigard, OR Attention: Will DeAndre Project Name: Houlihan Please find attached: shop drawings x plans samples specifications copy of letter change order details calculations Number of copies: Description: (18) Bluelines Sheets: SD1-SD3, L1 CD1 , CD3 with Application Package x For your use For your review For approval As requested REMARKS: Please see cover letter for a complete description of the applicaiton package. Copy to: Signed: Dennis Woods/mrh Mailed ___xx Delivered To be picked up If enclosures are not as noted,kindly notify us at once. RECORDING REQUESTED BY j •U / TICOR TITLE 88-4 3 6 3 5 1 AND WHEN RECORDED MAIL TO INSURANCE -/11 rnd send tax statements to wuningtonCounty r' I -- i Pacific Realty Associates•• I st.«t Attn: Dick Buono A°°^" 111 S.W. 5th, 12950 city Portland, OR 97204 sD 210 5. --- SPACE ABOVE THIS LINE FOR RECORDERS USE t. Approved As To Form By General Counsel June 15, 1987 • BARGAIN AND SALE DEED i , xJ KNOW ALL MEN BY THESE PRESENTS: That SOUTHERN PACIFIC TRANSPORTATION . N COMPANY, a Delaware corporation, Grantor, in consideration of S4,548,535 paid to `Z._ it, does hereby grant, bargain, sell and convey unto PACIFIC REALTY ASSOCIATES, L.P., a Delaware Limited Partnership, Grantee, and its successors and assigns, that certain real property, with the tenements, hereditaments, and appurtenances thereunto belonging or appertaining, situated at or near Tigard, in the County of Washington, State of Oregon, and more particularly described to Exhibit A, attached and hereby made a part hereof, subject to easements, covenants, conditions, reservations and restrictions of record. Grantor excepts from the property hereby conveyed and reserves unto itself, its successors and assigns, all sand and gravel and all minerals and mineral rights, interests, and royalties, including without limiting the generality thereof, oil, gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property; however, Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to I enter upon, into or through the surface of said property in connection a therewith. TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns, forever. In construing this deed, the singular includes the plural as the circumstances may require. The foregoing recital of consideration is true as Grantor verily believes, and is the true and actual consideration paid. ; .‘ "THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS, BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE . PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO I VERIFY APPROVED USES." [ORS 93.040(1)] IN ITNESS WHE OF, ran r has caused these presents to be executed this i /3 day of , 1988. 1 SOUTHERN PACIFIC IRAN •ORTATION COMPANY . BY /_4111111Z:d. 1 Attest: . Title: \iI' rc±lcat-T;ral Fe£aEe Title: Se.r,alarr. = • .. - PACIFIC/RNM • • ! hr090688 °•1.1,,,rt.c wASHRIGTCN COUNTY 4. R£AC PtgC,r:arr TRANSFER Tax Document 0075 1 '"—,r' /°D., 9-.10.88 • r t"!✓ FEE PAID DATE i— • 1.. ';',� \�/,�"�:;;f,�i„l�8.y��,.,1 ;,yL,.J•}1a+ s N,.j),:t t ri `'.'#F `u. `'•d.. • .. .- ...6.............................--- ...... a 1 1,:. J • • .t • 1 • ' • w ' . c.:, ,j r �,e fj//V �✓vn`Sf}C E C SAS ff I STATE County un y of San F 1 a. ii City and County oJSan F^0no J f t t __in the year One Thousand Nine Hundred and Ligh rsonall.v � day of n Frannsro,Slate of CaliJomia,pe t On this/ if before me.MARY I.Sa4MONS a NOlary Pat d for the City and County of Sa t"IJeT/s 4 •. n wi o [ 1/ L: rcthepe mt,and v romronthebasicofr at�actorye+'idencet be the Paso personally known ro me orpro td execvreQ th�within in CG as th�_ personally known to me or proved to me on the V _ - - - - hh evldenn ro be the pe on who executed the within instrwment r K. .y,, OFFICIAL SEAL basis of mlirfactory rnaryof the Ca po ntian that exec-taxi ht, �/S� _�-�yy'`y5ss ��� MARY J SIMMONS ration erecured the within insrrrta(.2N p�rs> u fir...+ . "�„Y p�pp�;y'romu and acknowledjed ro me that such corpo ,.1.. 11 f . jam• laws or a noof�rion ollr+hoard of directors. ` tT',�. ':�0 '' •; yj } �.•, w Orrea.6p A 1a.19pt • WIT- hand and official seal. = 0i/\�:.,�, ., E`q f • e . , / s J s of San Francisco.State of fr r ,O 111 r I CO�°et NourY 411.public in and f t the C/ and Y `4.:..,ss.f:4l + it,'. • My Commission Expires June 14.1991 v v-1�� :*wr• Qi 4t,.1 •14: yO�rYR� •�14 t.r ,as. Sy a s� �,�'r� 7 '5 7k.e!0!.t`i• k+ '�., %' •'•Psv ''ee4 1 Jl 's's,{. '''(.'1'�s':i>:.*• ' !Alp* r, 'r':.*1*.I-',i -. v1.t.�i ,L� ic`7+{yri'1{ 1.k.`. 1.n 44!� plc.,v. tl ' `? `6 .exa �A 1• ;H}'f y .;t t*.' ��1v !.� 4 .. �Lr♦+ , s¢ .a fir a ��{1 �y,Yj /ltY v }f� rs l ^ ' �*.A-4 4:t��a� '•r Fee y- .,, .," G fV''"A1/4,....,,t,....,°.►i'� r .T+.f. _.'�y�'•1 •�, `., A`'al ' Va`• _,,1 c f;, .,r.�,' 1 ° sksh• ., rinh1r ��� � _� as L kf. a/r a°���'Sti 7i , i• 'l'i•f` .1,c.* „till .♦„4r14,-qt .>4dr' y s R;, di, , !•A'f"•s t'.�Y• f� l r �l'” '. 1 � r ..s't Ltrs1/�ytt 'ks. ,'C r e!s• " r0 w t.� :*r Jr . r� , *:' �. "ii+ 7e ' 'L ..1 Sl t• 4,.t., 'r ."��' �, 4 4 .w�4 - 't tic:'y.'4TH y� ~ t L .Y t r1'.E �t'1 f , i..t r '' ,..u i it''t!5, t h'' +V pt ' 1. 12i1.-";;;.. 7'1,,741„..1e.314,a p �..1 t s *.. "�'.• ,,• ie', ) R k a Y S.s't r ,+ ,.1-f r wt � ) • '?t 14 f J'4 �'a '7i ark t , F si# w,•{ , r '' '" � S gM•' `9 I.,.. "c IT .•1' err , • 3,.:C.,71:.-.,..r�`W,r.:..e;A:.1' I'•lz rtu y`,6,f Y r if r. �! ( rti9 ,tk ,/►- fy : "„ „c:tit /! ! �•Si}�s, la`1}Tf.. 7 i�j, '. T' - .".1, �yyll,''ArA'+ ,,_•' ', j ±1.•'r$i* o1�Y'���� ,►s F. C'f ._ It.41ff': ::111J a,�� �7'�T4j sit `i{, _ �� 53 ,, • rl ,4,.i' 7r )'�1 fj .ilg `. `'.di c.es.:e1hM •�1 ,T•0. r +.,,'•y y v•1.tr 1...ee a. r`, w ;r i �Sa q5" •, i�J , `... .3./ '..,.r T!� .',f4w �t .i!..'71-?.. • . e r'M:-a �./ n `-. ,!... f'. S• 1): .41.- �r .•'S'%V .�..t.�e_. i 5$s 1,•"i a r P' N Il .. �'rsv.,.`nYt es . i(4 'r ." �h� / ti.:10:p"r'./yx.r.•6.• .1A,;;r'"r�t;15. •sJ+K' �` T:,, -' :f.4.'F rl7.. "` , " M e"1` " 017 '= r� >, ' ti '�`r.'M' 'isr{'" ,,:' * r' '' ff r. , '�',,± ta, '... r T-0re ;4 s, 5. -w:a», ? i:'.,` ' ��4s P;;t ,1'170...} �• �Y,M.+•:• • A 0-1"1 '• .:.. +• - -...1. ..%._..,...., \_ , , r+,: Jj 1.•+what:; ..,t- Tr - , � „ t,.g�'��'4. "., ---\t$ r . • B • EXHIBIT "A" ...i Those certain parcels of land situated in the Southeast Quarter of Section 1 12, Township 2, South, Range 1 West, Willamette Meridian, City of Tigard, County f•, of Washington, State of nregon, and more particularly described as follows: Parcel 1 Beginning at the point of Intersection of the southerly line of KABLE ACRE TRACTS, according to the map thereof recorded in Book 5, Page 39, Records of Plats of said County, with the easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company, as described in deed dated 4 September 21, 1906 from E.A. Knotts, et ux., to the Oregon & California Railroad Company, recorded September 26, 1906, in Book 72 of Deeds, Page 292, Records of said County; thence North 890 31' 52" East along the southerly line of Said KABLE ACRE TRACTS, 957.20 feet to the southwesterly corner of that certain y parcel of land described as Parcel 2 in the Final Judgment of the Circuit Court • of State of Oregon for the County of Washington, Case No. 33-547, dated December t 2, 1974, -ate of Oregon (Plaintiff) v. Southern Pacific Transportation Company, "4' at al. (Defendants), filed December 3, 1974; thence along the westerly line of said Parcel 2 the following courses and distances: North 17° 51' 47" East 486.48 feet, North 3° 40' 52" East 556.57 feet and North 0° 24' 36" West 3.48 feet to II the northwesterly corner of said Parcel 2; thence leaving said westerly line, 4. South 89° 27' 36" West along the southerly line of that certain parcel of land described in deed dated September 7, 1966 from Southern Pacific Company to Ford Motor Company, recorded in Book 614 of Deeds, Page 416, Records of said County, 1179.78 feet to a point in the easterly line of that certain parcel of land described as Parcel 3 in a Street Dedication by the Southern Pacific y 1 2 i 1 t l o f 3 Q V y I. ! ,-- /- .. .„(lye-,r.i/.'r c, +R"' f'«'✓�'" f.'�! - M �� !. '� .R yr ;� j1 r- �f :71, i.,j,r f }i r t i'7z}'+ •' r" ,{,, t 4'�u` , x-,f..3 ,riF 4 t'�� t �+VY J 1 Y' / 'f1< ry�: f �+.i ,�,,.'�+�5� ,�y,.'{+ry�3�r i1. � k.i, t 3 L7t�A r ?'v,1 .k; v'v {vr+, I�s ! w - r" y 'p y�,"'1' 044 ti otif-i r'r��,oz. 1 is�.,S i t W.11i .. �1, .1 y�* J`r 0 d Y W 7th f� 4. i =. 4N, �h { to r I 00 i v r.J. A ►W:' 1,.i b�;•1. s k r W Y' �'.' ' 9 `t ry ,,,72 �t•• 1,,"r j y F .} .f lim• ' _d� j, ,146 i�E` ,rT r 1 °� ��I �+n.sr � �.�dY'�r♦.,t.,: R' i. V �p� M �;fw}'t:: Yi•yti+,ir, l�r�,'�lttY f ('�'R lstti^y •.'r.1,,a i �'ryyv+• •• y-e„• r . w'r t rk^'"' . �.'� 'ice St�t,. ti r iy "+• e +. t f, ,r iQ ,4 '!' ' ,v r+: ?,;, j o �L 11n �, a ° � *ry� •t�,T$`,�}rT?� 't` : �'{.iYn�►!1�' ,'y' 1ti�:X 'kt ' 'fY 4� �,�"�'^,t';, lh M '� y 1'i t i�t ,';',1 /..r Jil. hy, 4 +-3""ii" ;,6,4c i ! �,� N l 43 ii- te1;tr .--"- r. -,^ r , i . fir:Mfr. I t.d'}",' CCCIA.i':5 '' 'y,r'. 'r'0. ,�K ,,, zkA .�l�r ` 4 41 7' !r > 4 , .y 1 lr- 7 1�, ,1..'x'r �1 t `A r 4 ,e `,. ti� � d�,�yrr• • ✓, �rhi� t� ! ,4,,,fi^� �,��t•I �'fi .r���3.'���!rtl. r• �.. �-�`'r. •tr > '•, .•' r-Ye iy';,,y;..y- s, r=1ii• •z . !.�' , ,y n^" }Y ll..T,e A' .a yi a` 4• .Z ..:,r'0.4 '~ . �! G; . . ,,t'1' Aoc.)4e C..t '� 'r. " 1 .. .al's k4 1 t1 !1...:.V--1 .4 •w_: ,1lim, --yrt t 7 i t; t r 1•i • Transportation Company to the Public, recorded October 3, 1983 as Document No. a 83-36976, Records of said County; thence South 000 22' 46" East along last said easterly line, being parallel with and distant 25.0 feet easterly measured at right angles from the center line of S.W. 72nd Avenue, (also known as County Road No. 126), 556.93 feet to the northerly line of said KABLE ACRE TRACTS; 1 1 ..s thence continuing South 000 22' 46" East along the easterly line of Parcel 2, f Y I. , the southerly prolongation thereof and the easterly line of Parcel 1, as said p• Parcels 1 and 2 are described in said Street Dedication, being parallel with 1 •• said center line of S.W. 72nd Avenue, 363.45 feet to a point in said easterly • line of the 100 foot wide strip of land of the Southern Pacific Transportation 1 ;• '. Company; thence South 17° 47' 14" East along last said easterly line, 103.22 ' feet to the point of beginning and containing an area of 26.105 acres, more or less. li 3. •,M. Parcel 2 3 • { Beginning at the point of intersection of the southerly line of land of i 1�t that certain parcel of land described in deed dated September 7, 1966 from f Southern Pacific Company to Ford Motor Company, recorded in Book 614 of Deeds, Page 416, Records of said County, with the easterly line of tnat certain parcel of land described as Parcel 3 in a Street Dedication by the Southern Pacific ' Transportation Company to the Public, recorded October 3, 1983 as Document No. ■ 83-36976, Records of said County; thence South 00° 22' 46 ' East along said I . I q easterly line, being parallel with and distant 25.0 feet easterly measured at • 1 ;;`•i right angles from the centerline of S.W. 72nd Avenue (also known cs County Road 1_• ; No. 126), 556.93 feet to the northerly line of KABLE ACRE TRACTS according to } I:'•: 1.;:10 the map thereof recorded in Book 5, Page 39, Records of Plats of said County; { j.j7.� 2of3 5.:, i 1 t i .KS"' 7. S 4 �! �.f rt•' � In '+�� i. � r•+ -„ 1 {i� �wT "A t'd"� '. ;», y rea y4it �' r.r. r 1^^b a t: '''' �' • >3 r5 -�k 1 �•' ' t.v .e�, �' �" ,�� i rr, :� Y 44•'�'fa ,�fr.�'•�r� t Y,. :,:.'4;...: �f � '�.I" 5'� iN Y t t a +K K . r Q 'Ar �.v^ '''rii t C�_.,� iTL ?! ���,,'f� �, 7ti `Y� N i � ��yV.;yk�,��c .k,'.*•�.1yy�. `c'• `h i �• 1�•x+tw. .W:`�•3'��� •�j�j! 1 . Ys�+ ��`�>r f7'+"'� � �'"� ,! � � ���rt��ti r i t, ,}� Ri.,, r.�,.• r/ � r ��4 � '.,� a~ ��� '�'7,s�LiC��O!��'� 1 •'�y� Pi'.��pN�i1't. �M u�� �7`ir'��4*• ��A�'✓ t��„ �;�,'1'S► {' 1 .���n•v , a/1�ftit ! Y'»t , "�' ♦ �• � 'i' �•, , v�� . ,,�1� R '4t .i 4 i '9 't. it4 rill V• ' 44 Z0144,404,140:4,04';'':-47At J '* �(. .r ,; .h f'• w .. .r lt..f3 r ..rt .-� ..5'9).17., we, :}� 4 o, ,. .,. 7"F 5}1„u.s-v....°01.„. t�. �nr_ ♦• „. .....w..",.,} '.� i,`1�s�'1�1�j.'1i''y,a prj./‘. Mj.� f•'. r� rit ^l,.� '7•!3 t� 7.`.'.rf I. � •��l �w Jti'``elij Y,tilt,34-Z1'..07.'43.,...,* ii`MP':.� ll.ti"r- -A wr 'C.7,;ir ;•,:,,. i..,. 's(.w `.,4 �! 4,Q ,, .�'�:`• • y' + 1.� ,S • . L= f � I�C - • •f vw A woy.a'3a `t • .; I r - .. • ;t C �... ri, ?•. i UL@ t : t' ` • Iir., . i f .:'•I —...% t.. r' Y.. 414.t4 r ; ' , �/ ma � Y `..' + , ��• � ir ' , T �.N � ,., 3� . � �t, a., ' ,..?..1 , ,;.,,;;:;::rte 7.1.._ .✓. r:. � r.: ). 's thence continuing South 000 22' 46" East along the easterly line of Parcel 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said e. Parcels 1 and 2 are described in said Street Dedication, being parallel with said center line of S.W. 72nd Avenue, 363.45 feet to a point in the easterly f1 line of the 100 foot wide strip of land of the Southern Pacific Transportation Company as described in deed dated September 21, 1906 from E.A. Knotts, et ux., {: to the Oregon & California Railroad Company, recorded September 26, 1906, in x;: Book 72 of Deeds, Page 292, Records of said County; thence North 17° 47' 14" E �; West along last said easterly line, 16.71 feet to a point in a line parallel with and distant 20.0 feet easterly measured at right angles from said center '!� line of S.W. 72nd Avenue; thence North 00° 22' 46" West along last said parallel line, 904.42 feet to the southwesterly corner of that certain parcel of land is. described in deed dated September 7, 1966; thence North 89° 27' 36" East along said southerly line of land described in last said decd, 5.0 feet to the point of beginning and containing an area of 0.105 of an acre, more or less. Together with all right, title and interest of Grantor into that portion of the easterly half of S.W. 72nd Avenue, also known as County Road No. 126 (40 feet wide) as said County Road is shown on said map of KABLE ACRE TRACTS, lying . .i between the northerly line of said KABLE ACRE TRACTS and the easterly line of the 100 foot wide strip of land described in said deed dated September 21, 1906. • STATE OF OREGON SS County of Washington I.Donald W.Masan.Director of Assessment and Taxation and Es-Othuo Recorder of Con- veyances for said cunt}',do hereby certify that the within instrument of was received and record. in book of rec'xds of said county. Donald W. Meson, Ceecwr of Assessment and Taxation. Es• Ontao County Clerk 3 0 3 . 1988 SEP 30 PH 12: 10 4+#.star it f v !.W: e~r1,�. " y -I { A • Tv >. '4% k? 'un7++>� { ✓ ti . 1- s ✓L , `(,,11��1� r, p Syr 1t ..f•Z'T, t slL. +:. . ' ' 14',1 X3••4.t.,04,, r ,,�y- ..,, 'h w ,. ir, F +`7i ,.,,:awn`t;•n:�. tS SA ...!,,{` +,yr ..,, 'v4 , , , .: :'.t „ r K .i:4ii'i llie'r k #`!3 r 1` ` +rt.rn �4 ;A �n 4v P K••,, 1 +nA.. �.} 1} .ft i �yy 4ir ear,+' St�o �n r.A.��' c t t �. �' r j� � t� try$.t ii�LAt 1 ,'.J,4 1'.Y:r'[ it ,},r''":lV4A si.FA;• .'101~•I"'l`,V•ies'il-1 S'e'tiNir.'4�el-e R: ✓ ti y .:.V.'„6.`•::„,l tr, ,n 6: 4Y ti x v s +f 4 .4-1X47 '' ' � -4..vr'i' 43 t,. •, .. SN r..•' ''-7 .r�+•"•0.1 i :!....4''q � % -t..c5 . : ..:..er.. M*r- PACTRUST 15115 S.W. Sequoia Pkwy., Suite 200 Portland, Oregon 97224 Pacific Realty Associates, L.P. 503/624-6300•Facsimile:503/624-7755 ,fir t December 16, 1993 r1,J`\ Dennis Woods McKenzie/Saito Associates, P.C. !�Li 690 S.W. Bancroft Street Portland, OR 97201 Dear Dennis: Re: Site Development Review - Lot 8, Pacific Corporate Center Tigard, Orevon Enclosed are all of the deeds with which PacTrust or its subsidiaries acquired the property that was ultimately subdivided to make Pacific Corporate Center. Also enclosed is a copy of the original plat of Pacific Corporate Center plus the Property Line Adjustment done to make three lots out of Lots 3 and 4 of Pacific Corporate Center. You will note that the earliest purchase of property in Pacific Corporate Center is by deed from Southern Pacific Industrial Development Company in December of 1987 to M&T Chico Ranch, which is a subsidiary of PacTrust. In August of 1988, when we restructured the company, M&T Chico Ranch conveyed the property to Pacific Realty Associates, L.P. The middle portion of the property was acquired in September 1988 from Southern Pacific Transportation Company. The final purchase prior to the subdivision was the property we acquired in January of 1989 from the Koll Company. The latest acquisition was a portion of the right-of-way along the railroad next to Lots 3 and 4, which we acquired in April of 1990. This strip was added into the subdivision when we did the Lot 3 and 4 property line adjustment. Lot 8, plus the portion of Lot 7 which will be incorporated into Lot 8 when we do the lot line adjustment that you and I have talked about, actually comes from both the Southern Pacific Transportation Company, 1988 purchase, and the Koll Company, 1989 purchase. If you have questions, please let me know. Sincerely, ,A REAL 1AN 0 IA , L.P. 'ichard P. Buono Vice President Encls. V `i ;'*4 89- 03125 Washington County AFTER RECORDING, RETURN TO: UNTIL FURTHER NOTICE, ALL FUTURE TAX STATEMENTS SHALL BE SENT TO: 1,44+if co ce t•4-L r 5 3 o C ??--r-;---.7 l,4-�e4 C 0C.e=4-c_T'y 4-,5<)0-1'44-7-E.-1 , L. l , � /- sW S ve. ¢�9.ro • .P, / //-5.41. --i=t- 4U A g=- .2p3-0 ).-(a _ 1)2. 970� p7.--id_. O — / STATUTORY SPECIAL WARRANTY DEED The Koll Company, a California corporation, Grantor, conveys and specially warrants to Pacific Realty Associates, L.P. , a Delaware limited partnership, Grantee, the real property described on Exhibit "A" attached hereto free of encumbrances created or suffered by Grantor, except as set forth on Exhibit "B" attached 5 ' hereto. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND r REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED i USES . The true and actual consideration for this conveyance is u'7 „ $3 , 175, 000 . 00. ; \ DATED this 23 "day of January, 1989 THE KOLL COMPANY • By: f�M kw, L( Its. SCNNA ni IoncL DIVISiON PRESIDENT STATE OF OREGON ) ) ss. County of Washington) The foregoing instrume t was ac owled ed before 3ne, t n s 03rd day of ..Jianuary, 1989 , by oo kilu( .LL(1 t A) .�! (J (rg U,( of The Kol Company, on beha ,f.. f; t_he C,� v . corporation. COUNTY 7t(trbarin /. 1f.tiA)la41,_`;o; `afASHINGTON COt+ La for Oregon: _ REAL PROW,' TRANSFER nix My Commiissssion Expires: ��[L7 [ e' Y DATE 1 - STATUTORY SPECIAL WARRANTY DEED '. 1 0 I - 3 ,r w A parcel of land located in the plat of BONITA GARDENS , and a portion of the Southeast cne-quarter of the Northeast one-quarter and of the Northeast one-quarter of the Southeast one-quarter of Section 12 , Township 2 South , Range 1 West , of the Willamette Meridian, in the City of Tigard , County of Washington and State of Oregon, and more particularly described as follows : BEGINNING at the Northwest corner of Lot 5 , of BONITA GARDENS , according to the rap thereof recorded November 7 , 1911 , in Plat Book 5 , at Page 11 , records of said County; thence Easterly along the Northerly line of said Lot 5 , across a vacated alley, and continuing along the Northerly line of Lot 2 of said Bonita Gardens 720 . 90 fee: to a point in the Westerly right-of-way line of the R. H. Baldock Freeway (also known as the West Portland-Hubbard Highway) ; thence Southerly along the Westerly right-of-way line of the said R. H. Baldock Freeway 1 , 012 . 00 feet to a point 132 feet Southerly of the Southerly line of Let 1 , of said BONITA GARDENS ; thence Westerly along a line 132 feet Southerly of and parallel with the Southerly line of Lots 1 , 6 and 7 , of said BONITA GARDENS 1 , 208 . 30 feet to the Easterly right-of-way line of S .W. 72nd Avenue , also known as • County Highway No . 126 ( 40 feet wide) ; thence Northerly along the Easterly right-of-way line of said S .W. 72nd Avenue (40 feet wide) 577 . 50 feet to a point on a line , said line being the Northerly line of the land described in an Indenture dated March 30 , 1964 from Title and Trust Company to Southern Pacific Company, recorded March 31 , 1964 in Book 509 at Page 408 of Deeds , Records of said County; thence Easterly along last said Northerly line 487 . 40 feet to a point in the Westerly line of Lot 5 , of said BONITA GARDENS ; thence Northerly along the Westerly line of Lot 5 , of BONITA GARDENS 43' s0 to � � �+ . �v reef �.v the point of beginning. EXCEPTING THEREFROM the various parcels of land taken for roadway purposes in favor of The State of Oregon Highway Commission for the widening of the Baldock Freeway (also known as Interstate No . 5) and in favor of the City of Tigard for street , road and utility purposes of S .W. 72nd Avenue . EXHIBIT "A" 2. J. 1 . An easement created by instrument, including the terms and provisions thereof, Dated September 7, 1966 . Recorded : September 9, 1966 Book : 614 Page : 416 In Favor Of Southern Pacific Company For : Maintenance of an existing retaining wall Over Location is not disclosed of record 2. Reservation of all minerals and mineral ores below a depth of 1,000 feet, including the terms and provisions thereof as disclosed by instrument, Dated : September 7, 1966 Recorded : September 9, 1966 Book: 614 -Page : 416 3. Limited access in deed to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded January 8, 1973 Book: 904 Page : 493 4. An easement created by instrument, including the terms and provisions thereof, Dated : Recorded : May 8 , 1984 Recorder's Fee No. 84017378 And corrected by deed, Recorded January 3, 1985 reocrder's Fee No. 85000187 In Favor Of The City of Tigard For : Utility lines Over Along the Westerly property line 5. Regulations , including the power to acquire rights of ways and easements and to levy assessments of the Unified Sewerage Agency. STATE OF OREGON l SS County of Washington f I.Donald VAan aso i ectol,pt Assessment and Taxation:and Ex_Officio_Recorder of Con- veyances�focsaid-county..do•lieteby"certify that the within iostrumeiit-'of�;.,variting was,received and recorded irr.boott`otYecords of sidcounty. ;'p Mason Dnector of c�1�:1•¢3sessm`ent=anG`��axation. Ex- i, Ofticio_Co`utriY'ClerfC , "41 `�. / [' i EXHIBIT "B" Doc : 89003125 3 Rect: 2845 3196. 00 01/23/1989 12: 42: 18PM 7a7< EXHIBIT "A" Those certain parcels of land situated in the Southeast Quarter of Section 12, Township 2, South, Range 1 West, Willamette Meridian, City of Tigard, County of Washington, State of Oregon, and more particularly described as follows: Parcel 1 Beginning at the point of intersection of the southerly line of KABLE ACRE TRACTS, according to the map thereof recorded in Book 5, Page 39, Records of Plats of said County, with the easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company, as described in deed dated September 21, 1906 from E.A. Knotts, et ux. , to the Oregon & California Railroad Company, recorded September 26 , 1906, in Book 72 of Deeds, Page 292, Records of said County; thence North 89° 31' 52" East along the southerly line of Said KABLE ACRE TRACTS, 957.20 feet to the southwesterly corner of that certain parcel of land described as Parcel 2 in the Final Judgment of the Circuit Court of State of Oregon for the County of Washington, Case No. 33-547, dated December 2, 1974, State of Oregon (Plaintiff) v. Southern Pacific Transportation Company, et al . (Defendants) , filed December 3, 1974; thence along the westerly line of said Parcel 2 the following courses and distances: North 17° 51' 47" East 486.48 feet, North 3° 40' 52" East 556.57 feet and North 0° 24' 36" West 3.48 feet to the northwesterly corner of said Parcel 2; thence leaving said westerly line, South 89° 27' 36" West along the southerly line of that certain parcel of land described in deed dated September 7, 1966 from Southern Pacific Company to Ford Motor Company, recorded in Book 614 of Deeds, Page 416, Records of said County, 1179.78 feet to a point in the easterly line of that certain parcel of land described as Parcel 3 in a Street Dedication by the Southern Pacific 1 of3 Transportation Company to the Public, recorded October 3, 1983 as Document No. 83-36976, Records of said County; thence South 00° 22' 46" East along last said easterly line, being parallel with and distant 25.0 feet easterly measured at right angles from the center line of S.W. 72nd Avenue, (also known as County Road No. 126) , 556 .93 feet to the northerly line of said KABLE ACRE TRACTS; thence continuing South 00° 22' 46" East along the easterly line of Parcel 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said Parcels 1 and 2 are described in said Street Dedication, being parallel with said center line of S.W. 72nd Avenue, 363.45 feet to a point in said easterly line of the 100 foot wide strip of land of the Southern Pacific Transportation Company; thence South 17° 47' 14" East along last said easterly line, 103.22 feet to the point of beginning and containing an area of 26.105 acres, more or less. Parcel 2 Beginning at the point of intersection of the southerly line of land of that certain parcel of land described in deed dated September 7, 1966 from Southern Pacific Company to Ford Motor Company, recorded in Book 614 of Deeds, Page 416, Records of said County, with the easterly line of that certain parcel of land described as Parcel 3 in a Street Dedication by the Southern Pacific Transportation Company to the Public, recorded October 3, 1983 as Document No. 83-36976, Records of said County; thence South 00° 22' 46" East along said easterly line, being parallel with and distant 25.0 feet easterly measured at right angles from the centerline of S.W. 72nd Avenue (also known as County Road No. 126) , 556.93 feet to the northerly line of KABLE ACRE TRACTS according to the map thereof recorded in Book 5 , Page 39, Records of Plats of said County; 2of3 .c,L thence continuing South 00° 22' 46" East along the easterly line of Parcel 2, the southerly prolongation thereof and the easterly line of Parcel 1, as said Parcels 1 and 2 are described in said Street Dedication, being parallel with said center line of S.W. 72nd Avenue, 363.45 feet to a point in the easterly . line of the 100 foot wide strip of land of the Southern Pacific Transportation Company as described in deed dated September 21, 1906 from E.A. Knotts, et ux. , to the Oregon & California Railroad Company, recorded September 26, 1906, in Book 72 of Deeds, Page 292, Records of said County; thence North 17° 47' 14" West along last said easterly line, 16.71 feet to a point in a line parallel with and distant 20.0 feet easterly measured at right angles from said center line of S.W. 72nd Avenue; thence North 00° 22' 46" West along last said parallel line, 904.42 feet to the southwesterly corner of that certain parcel of land described in deed dated September 7, 1966; thence North 89° 27' 36" East along said southerly line of land described in last said deed, 5.0 feet to the point of beginning and containing an area of 0.105 of an acre, more or less. Together with all right, title and interest of Grantor into that portion of the easterly half of S.W. 72nd Avenue, also known as County Road No. 126 (40 feet wide) as said County Road is shown on said map of KABLE ACRE TRACTS, lying between the northerly line of said KABLE ACRE TRACTS and the easterly line of the 100 foot wide strip of land described in said deed dated September 21, 1906. STATE OF OREGON County of Washington SS I, Donald W;Mason;Director of Assessment and Taxation and•Ex-Officio Recorder of Con- veyances for.said county,do hereby certify that ' the within- instrument of .writing was received and recorded in book of records of said county. Oonafd W.Mason, Director of Assessment and Taxation, Ex- •i � Officio County Clerk • 3 of 3 1983 SE? 30 PH 12: 10 RECORDING R.ipUEST_D BY • it TICOR TITLE 88-43635 AND WHEN RECORDED MAIL TO INSURANCE --and send tax statements to Washington County lame Pacific Realty Associates reet Attn: Dick Buono "o"ss 111 S .W . 5th, #2950 - tY Portland , OR 97204 'ate l- _J SPACE ABOVE THIS LINE FOR RECORDER'S USE Approved As To Form By General Counsel June 15, 1987 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS: That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, Grantor, in consideration of $4,548,535 paid to it, does hereby grant, bargain, sell and convey unto PACIFIC REALTY ASSOCIATES, L.P. , a Delaware Limited Partnership, Grantee, and its successors and assigns, that certain real property, with the tenements, hereditaments, and appurtenances thereunto belonging or appertaining, situated at or near Tigard, in the County of Washington, State of Oregon, and more particularly described in Exhibit A, attached and hereby made a part hereof, subject to easements, covenants, conditions, reservations and restrictions of record. Grantor excepts from the property hereby conveyed and reserves unto itself, its successors and assigns, all sand and gravel and all minerals and mineral rights, interests, and royalties, including without limiting the generality thereof, oil , gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property; however, Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into or through the surface of said property in connection therewith. • • TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns, forever. In construing this deed, the singular includes the plural as the circumstances may require. GQ EXHIBIT "A" IS FOOT STRIP ADJACENT TO LOT 4 "PACIFIC CORPORATE CENTER" PARCEL "1" A strip of land located in the Southeast one-quarter of Section 12 , Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the northwest corner of Lot 4, PACIFIC CORPORATE CENTER, a duly recorded plat in Plat Book 71, pages 38 through 41, Washington County Plat Records, said point of beginning being 50. 00 feet easterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Oregon & California Railroad Company recorded in Book 72, page 292, Washington County Deed Records; thence parallel with said centerline, along the Southern Pacific Railroad right-of-way the following courses: South 17'47 ' 14" East, 432 . 68 feet to a point of offset spiral; thence along the offset (50.00 feet easterly) of a centerline spiral which has a length of 325. 00 feet and a spiral angle of 03 '39 ' 23" (the chord of said offset spiral being South 19'00 ' 04" East, 321.75 feet) to a point of offset spiral to curve; thence along the arc of a 2496.43 foot radius curve to the left, through a central angle of 04'04 '26" an arc distance of 177.51 feet (the chord of which bears South 23 '28 ' 50" East, 177.47 feet) to south corner of said Lot 4 ; thence leaving said Southern Pacific Railroad right-of- way and tracing the southwesterly extension of the southeasterly line of said Lot 4, South 50'11'17" West, 15.48 feet to a point which lies 35.00 feet easterly of, when measured at right angles to, the centerline of said Southern Pacific Railroad; thence remaining 35.00 feet easterly of, when measured at right angles to, said Southern Pacific Railroad centerline the following courses and distances: along the arc of a 2511.43 foot radius curve to the right, through a central angle of O4'09 '40" : an arc distance of 182.39 feet (the chord of which bears North 23'31'27" West, 182.35 feet) to a point of offset spiral; thence on the offset (35. 00 feet easterly) of a centerline spiral which has a length of 325.00 feet and a spiral angle of 03'39 '23" (the chord of said offset spiral being North 19'00 ' 04" West, 322.71 feet) to a point of offset spiral to tangent; thence North 17'47 '14" West, 437.36 feet to the westerly extension of the north line of said Lot 4 ; thence leaving said 35.00 foot offset line, North 89'31'37" East, 15.71 feet to the point of beginning. Bearings of this description are based on the plat of PACIFIC CORPORATE CENTER filed in the office of the Washington County Surveyor. Containing 14, 055 square feet, more or less. (1 of 13) 15 FOOT STRIP ADJACENT TO TAX LOT 1100 TAX MAP 2S1 12AC PARCEL "2" A strip of land located in the Southwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the northeast corner of Lot 21 FANNO CREEK ACRE TRACTS, a duly recorded plat in Plat Book 5, page 14 , Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264, Washington County Deed Records; thence parallel with said centerline, South 17'30 '52" East, 312 .53 ,=feet to the southeast corner of that parcel described in a conveyance to Charles and Olive Nelson recorded in Book 191, page 59 , Washington County Deed Records; thence along the easterly extension of the south line of said Nelson parcel, North 89'16 '52" East, 15. 67 feet to a point which lies 35 . 00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, North 17'30 '52" West, 312.36 feet to the easterly extension of the north line of said Lot 21; thence along the easterly extension of the north line of said Lot 21, South 89 '52 ' 40" West, 15.72 feet to the point of beginning. Bearings of this description are based on surveys number 13002 and 19696 filed in the office of the Washington County Surveyor. Containing 4, 687 square feet, more or less. (2 of 13) 15 FOOT STRIP ADJACENT TO TAX LOT 1400 TAX HAP 2S1 12AC PARCEL "3" A strip of land located in the Southwest one-quarter of the Northeast one-quarter of Section 12, Township 2 South, Ranee 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the southeast corner of Lot 22 FANNO CREEK ACRE TRACTS, a duly recorded plat in Plat Book 5, page 14 , Washington County Plat Records, said point of beginning being 50 . 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264 , Washington County Deed Records; thence parallel with said centerline, North 17 '30 ' 52" West, 234 . 10 feet to the northeast corner of that parcel described in a conveyance to Fred and Nora Garrett recorded in Book 272 , page 665, Washington County Deed Records, said point also being the southeast corner of that parcel described in a conveyance to Charles and Olive Nelson recorded in Book 191, page 59, Washington County Deed Records; thence along the easterly extension of the north line of said Garrett parcel, also being the easterly extension of the south line of said Nelson parcel, North 89 '16 ' 52" East, 15. 67 feet to a point which lies 35.00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, South 17 ' 30 ' 52" East, 234 . 13 feet to the easterly extension of the south line of said Lot 22 ; thence along the easterly extension of the south line of said Lot 22 , South 89 '23 ' 21" West, 15 . 68 feet to the point of beginning. Bearings of this description are based on survey nnmher 13002 filed in the office of the Washington County Surveyor. Containing 3 , 512 square feet, more or less. • (3 of 13) 15 FOOT STRIP ADJACENT TO TAX LOT 1500 TAX MAP 2S1 12AC PARCEL "4" A parcel of land located in the Southwest one-quarter of the Northeast one-quarter and in the Northwest one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said parcel being more particularly described as follows: Beginning at the southeast corner of Lot 23 FANNO CREEK ACRE TRACTS, a duly recorded plat in Plat Book 5, page 14, Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264, Washington County Deed Records; thence parallel with said centerline, North 17 '30 '52" West, 262 . 03 feet to the northeast corner of said Lot 23 ; thence along the easterly extension of the north line of said Lot 23 , North 89 '23 ' 21" East, 15. 68 feet to a point which lies 35. 00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, South 17'30 '52" East, 262 .06 feet to the easterly extension of the south line of said Lot 23 ; thence along the easterly extension of the south line of said Lot 23 , South 89 '29 ' 14" West, 15. 69 feet to the point of beginning. Containing 3931 square feet, more or less. RESERVING unto the Grantor, its successors or assigns a strip of land for Railroad purposes described as follows: That portion of the above described parcel of land which lies within a strip of land bounded on the east by the northerly extension of the west line of Lot 5, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, a duly recorded plat in Plat Book 44, page 18, Washington County Plat Records, and bounded on the west by a line which lies 15. 00 feet westerly of, when measured at right angles to, the northerly extension of the west line of said Lot 5. Containing 320 square feet, more or less. Bearings of this description are based on survey numher 13002 filed in the office of the Washington County Surveyor. • (4 of 13) 15 FOOT STRIP ADJACENT TO TAX LOT 401 TAX MAP 2S1 12DB PARCEL "5" • A strip of land located in the Northwest one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the north corner of Lot 5, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, a duly recorded plat in Plat Book 44, page 18, Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264 , Washington County Deed Records; thence parallel with said centerline, North 18 '46 ' 57" West, 55. 10 feet to the northerly northeast corner of Lot 4, said SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, said point also being the southeast corner of Lot 23 FANNO CREEK ACRE TRACTS, a duly recorded plat in Plat Book 5, page 14, Washington County Plat Records; thence along the easterly extension of the north line of said Lot 4 , also being the easterly extension of the south line of said Lot 23 , North 88 ' 14 ' 07" East, 15. 68 feet to a point which lies 35 . 00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, South 18'46 ' 57" East, 2 .77 feet to the northerly extension of the west line of said Lot 5; thence along the northerly extension of the west line of said Lot 5, South 01'20 ' 16" East, 50. 03 feet to the point of beginning. Containing 434 square feet, more or less. RESERVING unto the Grantor, its successors or assigns a strip of land for Railroad purposes described as follows: A strip of land located in the Northwest one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: 8' (5 of 13) PARCEL "5" (con' s. ) Beginning at the north corner of Lot 5, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, a duly recorded plat in Plat Book 44, page 18, Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264 , Washington County Deed Records; thence parallel with said centerline, North 18 '46'57" West, 50. 03 feet to a point which lies 15.00 feet westerly of, when measured at right angles to, the northerly extension of the west line of said Lot 5; thence parallel with said northerly extension of the west line of said Lot 5, North 01'20 ' 16" West, 4 . 84 feet to the easterly extension of the north line of Lot 4, said SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK; thence along the easterly extension of the north line of said Lot 4, North 88°14 ' 07" East, 14 . 17 feet to a point which lies 35 .00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, South 18 '46 ' 57" East, 2.77 feet to the northerly extension of the west line of said Lot 5 ; thence along the northerly extension of the west line of said Lot 5, South 01'20 ' 16" East, 50. 03 feet to the point of beginning. Containing 430 square feet, more or less. Bearings of this description are based on survey number 23123 and the plat of SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK filed in the office of the Washington County Surveyor. C? (6 of 13) 15 FOOT STRIP ADJACENT TO TAX LOT 300 TAX MAP 2S1 12DB PARCEL "6" A strip of land located in the Northwest one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the north corner of Lot 5, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, a duly recorded plat in Plat Book 44 , page 18, Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264 , Washington County Deed. Records; thence parallel with said centerline, South 18'46 ' 57" East, 1117 . 46 feet to the north right-of-way line of Kable Lane as dedicated in said plat of SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK; thence North 71' 13 ' 03" East, 3 .61 feet to the west right- of-way line of S.W. 72nd Avenue (said west right-of-way line being 30. 00 feet easterly of the centerline of said S .W. 72nd Avenue) ; thence along said west right-of-way line of S.W. 72nd Avenue, North 01'20 ' 16" West, 37.98 feet to a point which lies 35.00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said Southern Pacific Railroad centerline, North 18'46 ' 57" West, 1128 .96 feet to the northerly extension of the west line of said Lot 5 ; thence along the northerly extension of the west line of said Lot 5, South 01'20 ' 16" East, 50 . 03 feet to the point of beginning. Containing 16,914 square feet, more or less. RESERVING unto the Grantor, its successors or assigns a strip of land for Railroad purposes described as follows : A strip of land located in the Northwest one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: ' C (7 of 13) PARCEL "6" (con' t.) Beginning at the north corner of Lot 5, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, a duly recorded plat in Plat Book 44, page 18 , Washington County Plat Records, said point of beginning being 50. 00 feet westerly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 77, page 264, Washington County Deed Records; thence parallel with said centerline, South 18 '46 '57" East, 50. 03 feet to a point which lies 15.00 feet easterly of, when measured at right angles to, the west line of said Lot 5 ; thence parallel with the west line of said Lot 5, North 01'20 ' 16" West, 50. 03 feet to a point which lies 35.00 feet westerly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence parallel with said centerline, North 18 °46 ' 57" West, 50. 03 feet to the northerly extension of the west line of said Lot 5; thence along the northerly extension of the west line of said Lot 5, South 01'20 '16" East, 50. 03 feet to the point of beginning. Containing 750 square feet, more or less . Bearings of this description are based on the plat of SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK filed in the office of the Washington County Surveyor. Il (8 of13) 15 FOOT STRIP ADJACENT TO PARCEL "7" TAX LOT 200 TAX MAP 2S1 12DD A strip of land located in the Southeast one-quarter of Section 12 , Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the northeast corner of that parcel of land dedicated to the public by deed recorded in Book 992 , pages 416- 421, Washington County Book of Records, said point of beginning being the intersection of the northwesterly right-of-way line of S.W. Upper Boones Ferry Road and the southwesterly right-of-ray line of the Southern Pacific Railroad said railroad right-of- way line being 50. 00 feet southwesterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Oregon & California Railroad Company recorded in Book 72, page 292, Washington County Deed Records; thence parallel with said centerline, along the Southern Pacific Railroad right-of-way the following courses: along the arc of a 2596. 43 foot radius curve to the right, through a central angle of 04 '50 ' 51" , an arc distance of 219 . 67 feet (the chord of which bears North 23 '50 ' 42" West, 219 . 61 feet) to a point of offset spiral; thence on the offset (50. 00 feet southwesterly) of a centerline spiral which has a length of 325. 00 feet and a spiral angle of 03 '39 ' 23" (the chord of said offset spiral being North 18 '59 ' 27" West, 328 . 13 feet) to a point of offset spiral to tangent; thence North 17'45 '54" West, 195.48 feet to a point which lies 30.00 feet easterly of, when measured at right angles to, the centerline of S .W. 72nd Avenue, thence leaving said right-of-way of the Southern Pacific Railroad and running parallel with the centerline of S.W. 72nd Avenue, North 00'21' 36" West, 50. 15 feet to a point which lies 35. 00 feet southwesterly of, when measured at right angles to, the centerline of said Southern Pacific Railroad; thence remaining 35 . 00 feet southwesterly of, when measured at right angles to, said Southern Pacific Railroad centerline the following courses and distances: South 17 '45 ' 54" East, 243 .33 feet to a point of offset spiral ; thence along the offset (35. 00 feet southwesterly) of a centerline spiral which has a length of 325. 00 feet and a spiral angle of 03'39 ' 23" (the chord of said offset spiral being South 18'59 '21" East, 327 . 17 feet) to a point of offset spiral to curve; thence along the arc of a 2581.43 foot radius curve to the left, through a central angle of 04 '46 ' 05" an arc distance of 214 .82 feet (the chord of which bears South 23 '48 ' 19" East, 214 .76 feet) to the ncrtheasterly + (9 of 13) PARCEL "7" (con' t. ) extension of the northwesterly line of that parcel dedicated in said Book 992, pages 416 through 421; thence leaving said 35 . 00 foot offset line and tracing the northeasterly extension of the northwesterly line of that parcel dedicated in said Book 992, pages 416 through 421, South 50'18 ' 13" West, 15.42 feet to the point of beginning. Bearings of this description are based on the survey number 21508 filed in the office of the Washington County Surveyor. Containing 11, 462 square feet, more or less . 13 (10 of 13) 15 FOOT STRIP ADJACENT TO AND NORTH PARCEL "8" OF TAX LOT 300 TAX MAP 2S1 13AA A strip of land located in the Southeast one-quarter of the Southeast one-quarter of Section 12 and the Northeast one- quarter of the Northeast one-quarter of Section 13 , Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Beginning at the intersection of the line common to said Sections 12 and 13 and the southwesterly right-of-way line of the Southern Pacific Railroad, said point of beginning being 50.00 feet southwesterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 79, page 214 Washington County Deed Records; thence concentric with said centerline, tracing said Southern Pacific Railroad right-of-way, Southeasterly to the easterly, northeast corner of that parcel described as "PARCEL III: PTR #118" in Exhibit A of a conveyance to Pacific Realty Associates, L.P. recorded on Document Number 84-8324, Washington County Book of Records; thence along the northerly extension of the east line of said "PARCEL III: PTR #118" Northerly to a point which lies 35. 00 feet southwesterly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence remaining 35. 00 feet southwesterly of and concentric with said centerline, Northwesterly to a point on the line common to said Sections 12 and 13, said point being 35.00 feet southwesterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Oregon & California Railroad Company recorded in Book 72, page 292 , Washington County Deed Records; thence continuing 3500 feet southwesterly of and concentric to last said centerline, Northwesterly to the southeasterly right-of-way line of S .W. Upper Boones Ferry Road; thence along last said southeasterly right-of-way line, Southwesterly to a point on the southwesterly right-of-way line of the Southern Pacific Railroad, said point being 50. 00 feet southwesterly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence concentric with said centerline, tracing said Southern Pacific Railroad right-of-way, Southeasterly to the point of beginning. Containing 9 , 113 square feet, more or less . (11 of 13) PARCEL "8" (con' t. ) RESERVING unto the Grantor, its successors or assigns, a strip of land for Railroad purposes described as follows: Commencing at the intersection of the south line of said Section 12 and the southwesterly right-of-way line of the Southern Pacific Railroad, said point of beginning being 50. 00 feet southwesterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Oregon & California Railroad Company recorded in Book 72 , page 292 , Washington County Deed Records; thence concentric with said centerline, tracing the Southern Pacific Railroad right-of-way, Northwesterly an arc distance of 241. 41 feet, more or less, to a point which lies 15. 00 feet easterly of, when measured at right angles to, the centerline of an existing spur track and the TRUE POINT OF BEGINNING; thence continuing along said Southern Pacific Railroad right-of-way, Northwesterly to a point which lies 15.00 feet westerly of, when measured at right angles to, the centerline of said spur track; thence parallel to said spur track, Northerly to a point which lies 35. 00 feet southwesterly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence remaining 35. 00 feet southwesterly of and concentric with said centerline, Southeasterly to a point which lies 15. 00 feet easterly of, when measured at right angles to, said spur track; thence parallel to said spur track, Southerly to the TRUE POINT OF BEGINNING. Containing 967 square feet, more or less. l5 (12 of 13) 15 FOOT STRIP ADJACENT TO PARCEL "9" TAX LOT 100 TAX MAP 2S1 13AA A strip of land located in the Northeast one-quarter of the Northeast one-quarter of Section 13, Township 2 South, Range 1 West, of the Willamette Meridian in the City of Tigard, Washington County, Oregon, said strip being more particularly described as follows: Commencing at the intersection of the north line of said Section 13 and the southwesterly right-of-way line of the Southern Pacific Railroad, said point of beginning being 50 . 00 feet southwesterly of, when measured at right angles to, the centerline of the Southern Pacific Railroad as described in a conveyance to the Beaverton and Willsburg Railroad Company recorded in Book 79, page 214 , Washington County Deed Records; thence concentric with said centerline, tracing said Southern Pacific Railroad right-of-way along the arc of a 2915. 00 foot radius curve to the left, through a central angle of 01°47 ' 19" , an arc distance of 90.99 feet (the chord of which bears South 40°48 ' 49" East, 90.99 feet) to the northwest corner of that parcel described as "PARCEL IV: PTR #123" in Exhibit A of a conveyance to Pacific Realty Associates, L.P. recorded on Document Number 84-8324, Washington County Book of Records and the TRUE POINT OF BEGINNING of this description: thence continuing along said Southern Pacific Railroad right-of-way along the arc of a 2915.00 foot radius curve to the left, through a central angle of 08'56'16", an arc distance of 454 .72 feet (the chord of which bears South 46' 10 ' 36" East, 454 .26 feet) to the westerly corner of that parcel described as "PARCEL 3" in that indenture between the SOUTHERN PACIFIC TRANSPORTATION COMPANY and the STATE OF OREGON recordee.c7. in Book 943 page 890, Washington County Book of Records, thence tracing the northwesterly line of said PARCEL 3 , North 39 '21' 16" East, 15. 00 feet to a point which lies 35. 00 feet southwesterly of, when measured at right angles to, said centerline of the Southern Pacific Railroad; thence remaining 35. 00 feet southwesterly of, when measured at right angles to, said Southern Pacific Railroad centerline along the arc of a 2900. 00 foot radius curve to the right, through a central angle of 09'16 ' 11" , an arc distance of 469 .18 feet (the chord of which RKCORDING REQUESTED BY r�l j vt, '/ TICOR TITLE ic, /70 AND WHEN RECORDED MAIL TO INSURANCE 90-2 0 301 Name 7 Washington County Street Address City State Zip l SPACE ABOVE THIS LINE FOR RECORDER'S USE Approved As To Form By General Counsel January 1990 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS, That SOUTHERN PACIFIC TRANSPORTATION COMPANY, a Delaware corporation, hereinafter called "Grantor, " for the consideration Delawa reinafter stated, does hereby convey unto PACIFIC REALTY ASSOCIATES, L. P. , a Limited partnership with Pac Trust Realty, Inc. acting as general partner, :J- hereinafter called "Grantee, " all of that certain real property situated at or ). near Tigard, in the County of Washington, State of Oregon, as more particularly described in the Exhibit "A" attached and made a part hereof. Grantee acknowledges that Grantor is operating (and will continue to operate) a railroad upon its adjoining property, and recognizes that such operation may create some noises and vibrations affecting the Property. Grantee accepts the Property subject to such noises and vibrations, and hereby covenants to release Grantor from all liability, cost and expense resulting therefrom. This covenant shall run with the Property, and shall be binding upon the successors and assigns of Grantee. By accepting this Deed, Grantee expressly covenants to construct and maintain, at its own expense and to Grantor' s reasonable satisfaction, a barrier along the track side of the Property. This covenant is for the benefit of Grantor' s adjoining land, and shall run with and be binding upon the Property and the successors and assigns in title of Grantee. Grantor excepts from the property hereby conveyed and reserves unto itself, its successors and assigns , all minerals and mineral rights , interests , and royalties, including without limiting the generality thereof, oil , gas , and other hydrocarbon substances , as well as metallic or other solid minerals, in and under said property; however, Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into, or through the surface of said property in connection therewith. This Bargain and Sale Deed is made subject to all covenants, conditions, restrictions, exceptions, easements , rights-of-way, rights-of-access, agreements, reservations, encumbrances, liens and other matters as the same may be of record; any matters which would be disclosed by survey, investigation or inquiry; and any tax, assessment, or other governmental lien against said property. TO HAVE AND TO HOLD the same unto Grantee and Grantee' s heirs, successors and assigns forever. The true and actual consideration paid for the transfer, stated in terms of dollars, is TWO HUNDRED THREE THOUSAND THIRTY DOLLARS ($203,030) . (ORS 93.030) In construing this Deed and where the context so requires, the singular includes the plural , and all grammatical changes shall be implied to make the provisions hereof apply equally to corporations and individuals. ,414e WASHINGTON COUNTY Document 0075 ,;K; viv REAL PROPERTY TRANSFER TAX Page 1 of 3 L;. ..nom r $,=.?0 LI. °C) c).5 --90 I 1(0 ,4,t '''� "•: +. • FEE PAID DATE In Witness Whereof, the Grantor has executed this instrument this 7 0 771 day of A "A %t; , 19 90 ; if a corporate Grantor, it has caused its name to be signed and its seal affixed by its officers duly authorized thereto by order of its Board of Directors. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. [ORS 93.040(1)] GRANTOR: SOUTHERN PACIFIC TRANSPORTATION COMPANY Xli By: J Title: Its Vice President , yi , 1J .. ' V°6 7 •f. A r t> • o • • . - 9, .I• ,y ' 'Attest: 7 . � tiM ::1,::::::„..5 .. ASSIS ANT SECRETARY. '. D . 4 ,, �sg s' ..• Grantee hereby accepts this Deed and agrees for itself, its successors and assigns , to be bound by the conditions and covenants set forth herein and to perform all obligations of Grantee set forth herein. Dated this 22M—day of Ipr; l , 1990. GRANTEE: P CIFIC ITSS Cr TES, L. P. By:\ Title: Vc-:-PP ;eDi J STATE OF CALIFORNIA l z.City and County of San Francisco f f� I �� On this a0 day of �(' \ in the year One Thousand Nine Hundred and Ninety before me, BARBARA J.SLADE,a Notary Public in and for the City and County of San Francisco, State of California,personally appeared w. a. Ck.:...t;s 0,cl 6 S. V1er{,;-,a • k wn to jne(or proved to me on the basis of satisfactory evidence) to be the Val C �- t OFFICIAL SEAL ' e.S'∎c.�e-4- 0-Ad Assi34-t,vt— Se-Cre-'�.k-ry ' By4RBAf2A J.STAGE r+ �"ti'%+ Notayy FUb11C-Collfomlo t of the corporation described in and that executed the within instrument,and also known ''� SAN FRANCISCO COUNTY 4 r MY Commsslon Eames t tome to be the person,' who executed it on behalf of the corporation therein named , ' September 29,1993 _ • and the acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the City and County of San Francisco,the day and year in this certificate first above written. Corporation t//��'`�/A2L, Nota ry Public in and fo the City and County of San Francisco, State of California. My Commission Expires September 29, 1993 GRANTOR'S NAME AND ADDRESS: SOUTHERN PACIFIC TRANSPORTATION COMPANY Southern Pacific Building One Market Plaza, Suite 225 San Francisco, CA 94105 GRANTEE'S NAME AND ADDRESS: PACIFIC REALTY ASSOCIATES, L. P. 111 S. W. Fifth Avenue, Suite 2950 Portland, OR 97204 Until a change is requested, all tax statements shall be sent to the following address: SOUTHERN PACIFIC TRANSPORTATION COMPANY Southern Pacific Building One Market Plaza, Suite 225 San Francisco, CA 94105 Original of recorded deed shall be sent to: PACIFIC REALTY ASSOCIATES, L. P. 111 S. W. Fifth Avenue, Suite 2950 Portland, OR 97204 PACIFIC.RMK cmm022390 FORM No. 24—ACKNOWLEDGMENT--CORPORATION. STEVENS-NESS LAW PUB.CO.. PORTLAND,ORE. STATE OF OREGON, . }.ss. County of Multnomah On this 23 day of April 1590 before me appeared... ......Richard...P....Buono xi xbayth to me personally known, who being i duly sworn, did say that he, the said Richard..P.....Buono is the...Vice-President, Anabiltlochxxaskic. pc x c xxff ox . 'a s s ci te L.P. of .PacTrust. Realty, Inc. general. partner. of_. t4Aa i7r) woUtx tx xXVol sexfulftmenbm iastavna iEtiacx xsractomexicathu iabGoo t x . l :,arid that idle,../said instrument was signed and sealed in behalf of said Corporation by authority of its Board ,af .b irectors;•. 5 ichard..P. . Buono xnrat actflbwt dgctsai `instrument to be the free act and deed of said Corporation. as General Partner of the w tiilIz nark d 'pa..inership. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed 0 u official - I Ole day and year I st ab a writ en. . '.-;"Irr... —":"T'.1,':.. -e. -'7'.:,.. /t/ i.:6',"' ,.H. .. , 1 ota Pubes fir Oregon. `'r'r�rrns,' ,Ny Co• mission expires .' ---:: /CJ •i Document 0075 Page 3 of 3 3 'k).. .‘ ycu WASHINGTON CNTY. RECORDING PH. 648-8751 09/02/88 3:52PM 0006#9859 KS-JD #8807?494 RECFEE $20.00 SURFEE $6.00 TRNTAX $2600.00 tT11 32626.00 CHECK $26.00 CHECK $2600.00 CH G $0.00 41111jitit WASHINGTON COUNTY, OREGON September 2, 1988 LATHAM LATHAM ATTN: Linda Sherwood 555 South Flower Street Los Angeles, CA 90071-2466 Dear Ms. Sherwood: RE: Bargain 6 Sale Deed Enclosed is a copy of a deed we received and recorded today as Document Number 88-39494. Your receipt is also recorded. In your cover letter accompanying this document, you requested that we conform this copy and return it to you. We do not conform copies any longer, but I can give you the necessary information. The deed was recorded on September 2, 1998, as Document Number 88-39494 at 3:36 p.m. Also, we cannot accept riders attached as flaps any longer, so please notice that I removed the flap (the notary acknowlegement) and taped it to the last page of the document covering the copy of the notary on the last page. In the future, please submit documents with this already done or they may be rejected. The original recorded deed will be returned to you office in approximately four weeks when we have finished our processing of it. Please call me at (503) 648-8752 if you have any questions. Sincerely, DEPARTMENT OF ASSESSMENT 8 TAXATION Donald W. Mason, Director 14- -69 Kim Salser Recording Office kds Department of Assessment and Taxation.Mapping and Records Division 150 North First Avenue Hillsboro,Oregon 97124-3087 Phone:503/648-8741 • Latham & Watkins 555 South Flower Street Los Angeles, CA 90071 Attention: Linda K. Sherwood Pacific Realty Associates, L.P. 111 S. W. 5th Avenue, #2950 Portland, OR 97204 Attention: David W. Ramus BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS: That M&T CHICO RANCH, INC. , a California corporation, Grantor, in consideration of $2 , 600, 000 paid to it, does hereby grant bargain, sell and convey unto Pacific Realty Associates, L. P. , a Delaware limited partnership, Grantee, and its successors and assigns, that certain real property, with the tenements, hereditaments, and appurtenances thereunto belonging or appertaining, situated in the County of Washington, State of Oregon, and more particularly described in Exhibit A, attached and hereby made a part hereof, subject to easements, covenants, conditions, reservations and restrictions of record. Grantor excepts from the property hereby conveyed, all minerals and mineral rights, interests, and royalties, including without limiting the generality thereof, oil , gas, and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property; however, Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon, into or through the surface of said property in connection therewith. TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns, forever. In construing this deed, the singular includes the plural as the circumstances may require. The foregoing recital of consideration is true as Grantor verily believes, and is the true and actual consideration paid. This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and regulations. Before signing or accepting this instrument, the person acquiring fee title to the property should check with the appropriate city or county planning department to verify approved uses. IN WITNESS WHEREOF, Grantor has caused these presents to be executed this 5th day of August, 1988 . M&T CHICO RANCH, INC. By: paced GO. t David W. Ramus Title: Vice President Attest: Ve.A.--d& f Linda K. Sherwood Title: Assistant Secretary et\w\lksdoc\pectrust\deed. 08/04/88 4:39ps f - • H 6.T -, • Tigard, OR F.%M I T "A" PARCP.T. 1 A tract of land in the Southeast one-quarter of Section 12 , Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon; said tract being more particularly described as follows: Beginning at the intersection of the south line of KABLE ACRE TRACTS, a duly recorded plat in Book 5 on page 39 Washington County Records of Plats, and the east right-of-way line of the Southern Pacific Railroad; thence tracing the south line of said KABLE ACRE TRACTS, North 89°31'52" East 957 . 20 feet to the northwest corner of that parcel of land described in a conveyance to the State of Oregon, by and through its State Highway Commission, recorded in Book 610, page 201 of Washington County Deed Records; thence tracing the westerly line of said parcel described in said Book 610, page 201, South 18°05 '10" West 313 .98 feet to the southwest corner of said parcel described in said Book 610, page 201 ; thence tracing the westerly line of that parcel conveyed to the State of Oregon, by and through its State Highway Commission, recorded in Book 344 , page 550 of Washington County Deed Records , South 23°49 ' 25" West 230 . 17 feet and thence South 32°33 '05" West 22 .79 feet to the northwesterly line of that parcel described as PARCEL 5 in Final Judgement in Case No. 33547 , Circuit Court for the County of Washington, filed December 3 , 1974 ; thence tracing the northwesterly line of said PARCEL 5, South 50°11'17" West 62.73 feet; thence tracing the northwesterly line of said PARCEL 5 and then the northwesterly line of that parcel described as PARCEL 1 in a conveyance to the State of Oregon, by and through its Department of Transportation, recorded in Book 944 , page 153 , Washington County Book of Records, South 58°43 '08 " West 101. 12 feet; thence tracing the northwesterly line of said PARCEL 1 , South 50°11 ' 17" West 408 . 32 feet to the east right-of-way line of the Southern Pacific Railroad; thence tracing the east right-of-way line of the Southern Pacific Railroad the following courses and distances : along the arc of a 2496 . 43 foot radius curve to the right, through a central angle of 4°04 '26", an arc distance of 177.51 feet (the chord of which bears North 23°28 '50" West 177 .47 feet) to a point of curve to offset spiral ; thence on the offset (50 feet Easterly) of a centerline spiral which has a length of 325 . 00- feet and a spiral angle of 3°39 '23" (the chord of said offset spiral is North 19°00 ' 04 " West 321.75 feet) to a point of offset spiral 2 t • • Page 2 to tangent; thence North 17°47 '14" West 427.97 feet to t, point of beginning. Containing 11. 758 acres, more or less. Bearings of this description are based on a survey David Evans and office Inc. , dated November, 1987 ar Washington County Surveyor. • • 3 • • Page 3 Pacific Realty — Tigard, OR RfIBIT "A". Raa1 property aituatd in the City of Tigard, County of Washington, State of Oregon, being all of Lot 5 of SOUTHERN PACIFIC TIGARD INDUSTRIAL PARR, per the recorded plat thereof. • CAT.NO.NN 00717 C 194E 8-8a) (Corporation) g T1COR TITLE INSURANCE o STATE OF CALIFORNIA ;d /COUNTYOF Los Angeles ' jOn Auai1St 5 . 1988 before me, the undersigned, a Notary Public in and for ±a • said State, personally appeared David ?T'. Ramos personally known to me or proved to me on the basis +d „ of satisfactory evidence to be the person who executed • the within instrument as the. Vice So = President,and Linda K. S ieraoo 1 N personally known to me or a •* proved to me on the basis of satisfactory evidence to be • OFFICIAL SEAL. rd I • the person who excrrced the within instrument as the �— �j! !i Na ayRv C�caB O N A r ` Assist-art Secretary of the Corporation that executed the within instrument and acknowledged ` LDS ANGELES COUNTY r, 1 �Fv "' My comm. expires APR 3, I992 x. to me that such corporation executed the within instru- ment meet pursuant to its by-laws or a resolution of its board of dire--•rs. WITNESS —v ,and and official s.. . II I • anlrC. A .i - ■-1.0.f/h ■ / "A (This arena for official nocarisi seal) i . w • . - •..,,--....r County of Washington 58 I, Donald W.Mason,D+'rec'.or of Assessment and Taxation and Ex- f is o Aacorder of Con- veyances for said county, do Mrstry certify Milt P s within instrument of entry; was received and recorded in book of records of said county. Donald W. Mason, direCor of Assess:rwx v4 Taxation. Ex- Officio County C.efic . L I)87 0EC 15 PM 4: 20 F 87061288 1 , � • RECORDING REQUESTED BY FIRST AMERICAN TITLE Sandra L. Simmons, CSEO AND WHEN RECORDED MAIL TO . Arse, • WASHINGTON COUNTY Name FM & T Chico Ranch . , REAL PROPERTY TRANSFER TAX Street %Richard Buono '' $2,(x39,00 12.15 ' 37 Address 111 S. W. 5th Avenue, #2950 City � T Porltand, OR 97204 I ` F PAID DATE State Zip L_ _l SPACE ABOVE THIS LINE FOR RECORDER'S USE Approved by General Counsel October 24 , 1985 BARGAIN AND SALE DEED KNOW ALL MEN BY THESE PRESENTS: That SOUTHERN PACIFIC INDUSTRIAL DEVELOPMENT COMPANY, a Texas corporation , Grantor , in consideration of $2 , 638 , 350 . 00 paid to it , does hereby grant , bargain , sell and convey unto M & T CHICO RANCH, a California corporation , Grantee , and its successors and assigns , that certain real property, with the tenements , hereditaments , and appurtenances thereunto belonging or appertaining, situated in the County of Washington , State of Oregon , and more particularly described in Exhibit A, attached and hereby made a part hereof, subject to easements , covenants , conditions , reservations and restrictions of record. Grantor excepts from the property hereby conveyed and reserves unto itself, its successors and assigns , all minerals and mineral rights , interests , and royalties , including without limiting the generality thereof, oil , gas , and other hydrocarbon substances , as well as metallic or other solid minerals , in and under said property; however , Grantor or its successors and assigns, shall not have the right for any purpose whatsoever to enter upon , into or through the surface of said property in connection therewith . TO HAVE AND TO HOLD said property unto Grantee, and its successors and assigns , forever . In construing this deed, the singular includes the plural as the circumstances may require . 06 i The foregoing recital of consideration is true as Grantor verily o believes , and is the true and actual consideration paid. 0 This instrument will not allow use of the property described in this instrument in violation of applicable land use laws and �' regulations . Before signing or accepting this instrument , the 2 - person acquiring fee title to the property should check with the N Q appropriate city or county planning department to verify approved ' uses . YEN IN WITNESS WHEREOF, Grantor has caused these presents to be M executed this ) 11-14 day of "T.7E6.E Al , 19 17 SOUTHERN PACIFIC IN' STRIAL z DEVELOPM T ?aim , _ �/ s�/ By 7v T i t 1: f'ce 7,eES/PEAJ7 _ - i Att •st: 1)ti,e-greleaLiTil /.. • Title: ASSISTANT SECRETARY 'ter '.�•' 3234R 1 — „Li Imy M & T - Tigard, OR EXHIBIT "A" PARCEL 1 A tract of land in the Southeast one-quarter of Section 12 , Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon; said tract being more particularly described as follows: Beginning at the intersection of the south line of KABLE ACRE TRACTS, a duly recorded plat in Book 5, on page 39 Washington County Records of Plats, and the east right-of-way line of the Southern Pacific Railroad; thence tracing the south line of said KABLE ACRE TRACTS, North 89°31'52" East 957 . 20 feet to the northwest corner of that parcel of land described in a conveyance to the State of Oregon, by and through its State Highway Commission, recorded in Book 610 , page 201 of Washington County Deed Records; thence tracing the westerly line of said parcel described in said Book 610, page 201, South 18°05 ' 10" West 313 .98 feet to the southwest corner of said parcel described in said Book 610, page 201 ; thence tracing the westerly line of that parcel conveyed to the State of Oregon, by and through its State Highway Commission, recorded in Book 344, page 550 of Washington County Deed Records, South 23°49 ' 25" West 230 . 17 feet and thence South 32°33 '05" West 22 .79 feet to the northwesterly line of that parcel described as PARCEL 5 in Final Judgement in Case No. 33547 , Circuit Court for the County of Washington, filed December 3 , 1974 ; thence tracing the northwesterly line of said PARCEL 5, South 50°11'17" West 62.73 feet; thence tracing the northwesterly line of said PARCEL 5 and then the northwesterly line of that parcel described as PARCEL 1 in a conveyance to the State of Oregon, by and through its Department of Transportation, recorded in Book 944, page 153 , Washington County Book of Records, South 58°43 '08" West 101. 12 feet; thence tracing the northwesterly line of said PARCEL 1, South 50°11' 17" West 408.32 feet to the east right-of-way line of the Southern Pacific Railroad; thence tracing the east right-of-way line of the Southern Pacific Railroad the following courses and distances: along the arc of a 2496.43 foot radius curve to the right, through a central angle of 4°04 '26" , an arc distance of 177.51 feet (the chord of which bears North 23°28 '50" West 177 . 47 feet) to a point of curve to offset spiral ; thence on the offset (50 feet Easterly) of a centerline spiral which has a length of 325. 00 feet and a spiral angle of 3°39'23" (the chord of said offset spiral is North 19°00'04" West 321.75 feet) to a point of offset spiral 2 . • f Page 2 to tangent; thence North 17°47' 14" West 427.97 feet to the point of beginning. Containing 11. 758 acres, more or less. Bearings of this description are based on a survey preformed by David Evans and Associates, Inc. , dated November, 1987 and filed in the office of the Washington County Surveyor. 3 • Page 3 Pacific Realty - Tigard, OR EXHIBIT "A" Real property situate in the City of Tigard, County of Washington, State of Oregon, being all of Lot 5 of SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, per the recorded plat thereof. STATE OF CALIFORNIA t City and County of San/Francisco f a' On this // �` day of c'/�e Fev15�= in the year One Thousand Nine Hundred and Eighty �G /t/ before me, ALBERT J. LUIS, a Notary Public in and for the City and County of San Francisco, State of California, personally appeared _/G' A/ >� �ALMCitI personally known to me(or proved to me on the basis of satisfactory evidence)to be the person who executed the within instrument as the 1C C / �S/��� and JLC.4 /c personally known tome(or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as the A/t/'T— Secretary or on behalf of the Corporation therein named If B. p. OFFICIAL SEAL and acknowledged to me that such corporation executed the within instrument pursuant to its by- ALBERT J. LUIS _ laws or a resolution of its board of directors. NOTARY PU8LIC.0 ANyFORNIA L7T7 ANO COUNTY OF SAN FRANCISCO WITNESS my hand and officials Sly Comm.Expires 9.ot.17.1991 • COrpORt104 .. L� Notary Public in and for the City and Count of San Fjanclsco, State of California. My Commission Expires September 13, 1991 STATE OF OREGON 1 SS County of Washington I, Donald W. Mason, Director of Assessment and Taxation and Ex-Officio Recorder of Con- veyances for said county, do hereby certify that the within instrument of writing was received and recorded in book of records of said county. Donald W. Mason, Director of Assessment and Taxation, Ex- Officio County Clerk 1 1987 DEC 15 FM 4: 20 r ,v j.Ahis-41:= .. cn Q7 • /Th z,j r 414 89- 03125 g i • Washington County f, . AFTER RECORDING, RETURN TO: UNTIL FURTHER NOTICE, ALL FUTURE TAX STATEMENTS SHALL BE SENT TO: • f i , 4 -t rC .¢35x14✓ , P • l' o Oct C. C��rti L . / - sw S"• •we. ��9ra . .P• / //-sw. rp^,4„, Ar- ..a9.5---0 r t-,)-4.4 _ /12, 47 ay p '-L d. per• p72oy t STATUTORY SPECIAL WARRANTY L`E?D :t The Koll Company, a California corporation, Grantor, conveys i and specially warrants to Pacific Realty Associates, L.P. , a '\1 .. .Delaware limited partnership, Grantee, the real property described on Exhibit "A” attached hereto free of encumbrances created or suffered by Grantor, except as set forth on Exhibit "8" attached . Q hereto. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED 'Z IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND 1-J n( REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE A PERSON ACQUIRING TITLE TO THE PROPEF.:Y SHOULD CHECK WITH THE ()4 APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES. '- The true and actual consideration for this conveyance is kl ro $3,175,000.00. DATED this 2.3 . day of January, 1989 I'\ THE KOLLL COMPANY • BY: 111/21-71A �G (L6/p Its: 50 P INA nIqnEi DIVISION PRESIDENT STA1E OF OREGON ) ) ss. . County of Washington) The, foregoing instrume was ac nowl�e_d�ied before ate. this Aid . I days pf iu�ry, 1989 , by � �./U/U �� r<1�Y , /yj/! �y of The Kollll Company, on behaf t.;oSj the corporat on. • i :`t. ");i.',-I .,,,, Sr -y WASHINGTON COUNTY Notary Pub for Ore t (I, 1 : RFac maw, TR7Aaiffil TAX My Commission Exp:rea:.•. . p7 f 1 : 1 FEE PAID WTL ".., • pi l a` • .'. 1 - STATUTORY SPECIAL WARRANTY DEED i 1 -3 i -•r )1..1;.•} ‘..;.'7-•-:;',-4 t IPk4}�,..�'', 1 .-01∎T�d{{Y w is r' �,:�� ( .1f•,f2 ,,1t'— t;6,1 Y�10647 , i..C!. Y, r ").(4F •. ri 'tl� y t,t �x, a tv :r;7 r'�1 ,+r- j �Y�f ; �i ' '' '"� . 1�`' �+�tor-••�'•,M:. {e. .e.4 �•• - TTY e. 4. :, -1 , ,. •. �'. .,• • 7 ; 1 i I A parcel of land located in the plat of BONITA GARDENS, and a portion of the Southeast one-quarter of the Northeast one-quarter and of the Northeast one-quarter of the Southeast one-quarter of Section 12, Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and more particularly described as follows : BEGINNING at the Northwest corner of Lot 5, of BONITA GARDENS, according to the map thereof recorded November 7, 1911 , in Plat Book 5, at Page 11 , records of said County; thence Easterly along the Northerly line of said Lot 5. across a vacated alley, and continuing along the Northerly line of Lot 2 of said Bonita Gardens 720.90 fee: 1 to a point in the Westerly right-of-way line of the R. H. Baldock Freeway (also known as the West Portland-Hubbard Highway) ; thence • Southerly along the Westerly right-of-way line of the said R. H. Baldock Freeway 1 ,012.00 feet to a point 132 feet Southerly of the Southerly line of Lot 1 , of said BONITA GARDENS; thence Westerly along a line 132 feet Southerly of and parallel with the Southerly line of Lots 1 , 6 and 7, of said BONITA GARDENS 1 ,208. 30 feet to the Easterly right-of-way line of S.W. 72nd Avenue, also known as County Highway No. 126 (40 feet wide) ; thence Northerly along the Easterly right-of-way line of said S.W. 72nd Avenue (40 feet wide) • 577.50 feet to a point on a line, said line being the Northerly line of the land described in an Indenture dated March 30, 1964 from Title and Trust Coo':ny to Southern Pacific Company, recorded March 31 , 1964 in Book 509 at Page !'08 of Deeds, Records of said County; thence Easterly along last said .tip,.rtherly line 487.40 feet to a point in the Westerly line of Lot 5, of said BONITA G,.RDENS; thence Northerly along the Westerly line of Lot 5, of BONITA GARDENS 434.50 feet to the point of beginning. EXCEPTINC THEREFROM the various parcels of land taken for roadway , purposes in favor of The State of Oregon Highway Commission for the widening of the Baldock Freeway (also known as Interstate No. 5) and in favor of the City of Tigard for street, road and utility purposes of S.W. 72nd Avenue. • Z.. 'I r . I •r EXHIBIT "A" 2 • **-r.•' �4.^.:•;:',rTNY�`! r�•' viy, .0 M/1\•N• P.,e./ '* . �..1%• f Y ..., � �JT S ).. 4.0 3:c v.?:,tnfgt,rr •7»i ' '� ^ft"" f�Ps .1,.' ^. 4 1�...�t d'� it�•r4,4 669 'J, +. r •�� rir t. ,4.nlY �(:,r,1 » s 1Y4 1'a% :]r�. l»l1 iif� fl fjn j. •• r ! .'.t. �if •., tiL''r`1,4�i7 ,51i...j t�-47:r� 'E '`• e7'�1 - M. Li r� ,y,., - L" * `r. .Z ''._ t '��?f�T. • �![• •• - —'- - � 11ii'J" _- `i1N. �...wy r_rtu�i..wLfi,Ua•.... ......,..l .. :�,. .Y,.•: . .y*y►��` ;v-1".•...... _ ,•- i,� Ali, -3 2 A r f . 1. An easement created by instrument, including the terms and provisions thereof, Dated September 7, 1966 • , • Recorded September 9, 1966 Book: 614 Page: 16 In Favor Of Southern Pacific Company • For Maintenance of an existing retaining wall Over Location is not disclosed of record 1 2. Reservation of all minerals and mineral ores below a depth of . 1,000 feet, including the terms and provisions thereof as disclosed by instrument, Dated September 7, 1966 • Recorded September 9, 1966 Book: 614 'Page: 426 3. Limited access in deed to State of Oregon, by and through its Department of Transportation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded January 8, 2973 Book: 904 Page: 493 - 4. An easement created by instrument, including the terms and provisions thereof, Dated Recorded May 8, 1984 Recorder's Fee No. 840/7378 ftr corrected by deed, Recorded • January 3, 1985 reocrder's Fee No. 85000187 In Favor Of The City of Tigard For Utility lines Over Along the Westerly property line 5. Regulations, including the power to acquire rights of ways and easements and to levy assessments of the Unified Sewerage Agency. • STATE OF OREGON 1 s5 County of Washington j I Donald W Mason,DneclOt of Assessn,'nl ;' and Ta,auon and Ea.Oy,clo Recorder of • Co:: veyance0 fdr 3.30 0 coun'y.do nereoy cendy In: f Imo wnnn rnstrume�t °r s o By and receded n U°d o ecord f said county Donald W Mason Te on�rE■I • .. Asse$amW and O5,Cld County Clerk s :r i V. A. EXHIBIT "B" Doc : 89003125 3 Rect: 2845 3196.00 ' � 01/23/1989 12: 42: 18PM t+ ''.,•�_0N +i`r Y 1"t"i..:0;.1. IC.. Y " ,•'h y14 t.,! °r , 1-.. ..ff.y .. rS 'if.1 'T1 '.y •Y�"• 02/22 14:17 1995 FROM: 503 684 7297 TO: 15032281285 PAGE: 4 02/22/95 14:00 22503 7297 CITY OF TIGARD l¢1004/005 Name afapplicant, Pacific Realty & Associates Subject property: Tax Map and Lot # 300 & 400 MAP 2S1-12DA Address or General Location at end of Cardinal Lane, west of I-5 AFFIDAVIT OF POSTING NOTICE I, Dennis Woods , do affirm that I am (represent) the party Initiating Interest Ina proposed Development affecting the land located at— , and did on the 1 day of June , 19 9 5 piny post notice Inclaxting that the Bite may be proposed fora Site Design Review aPPl_or, and the time, date and place of a neighborhood meeting to discuss the propowL The sign was posted at N. W. corner adjacent to SW Cardinal Lane (state location on property) This 1 day of June , 19 95 Signalise Subscribed and swain to, affirmed, before me this 1 day of June 19 95 • N•r P I. for the State • Oregon My Commission Expires: ��f ' OFFICIAL SEAL »5 MARILYN B MC ALISTER NY PUBLIC-OREGON COMMISSION OTAR NIO.034969 MY COMMISSION EXPIRES JUNE 03, 1998 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 Login\a otat 02/22 14:16 1995 FROM: 503 684 7297 TO: 15032281285 PAGE: 2 02/22/95 13:59 $503 7297 CITY OF TIGARD 41002/005 AFFIDAVIT OF MAILING STATE OF OREGON ) ) SS CITY OF TIGARD ) I, Dennis Woods , being duty swam, depose and say that on June 1 -____ • , 19 95 , I caused to have mailed to each of the persons on the attached Ilst a notice of a meeting to discuss a proposed development at Pacific Corporate Center a copy of which notice so mailed is attached hereto and made a part of hereof. I 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 Johns Landing with postage prepaid thereon. i_____-\, 44)/e),„..__ Signature Subscribed and sworn to before me this 1 day of June , 119 95 f4ei7er' .. 'Z --- Pubhc My Commission Expires: e��� _y ~ OFFICIAL SEAL "' , t MARILYN B MC ALISTER L j ,r.� NOTARY PUBLIC-OREGON ~or COMMISSION NO 034969 }Y COMMISSION EXPIRES JUNE 03. 1998 hAloginyo\a fmalcit MACKENZIE/SAITO & ASSOCIATES, P.C. ARCHITECTURE • PLANNING • INTERIOR DESIGN 0690 SW BANCROFT STREET • PO.BOX 69039 PORTLAND,OREGON 97201-0039 • (503)224-9570 • FAX(503)228-1285 June 1, 1995 address) RE: Pacific Corporate Center-Houlihan's Restaurant Project Number 195252 Dear name): Mackenzie/Saito& Associates (MSA) represents PacTrust with respect to property located on S.W. Sequoia Parkway near S.W. Cardinal Lane (Tax Lots 300 and 400, Map 2S1-12DA). Our client will be applying for site design review approval. Prior to applying to the City of Tigard for the necessary permits, we would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday, June 15, 1995 PacTrust 15350 S.W. Sequoia Parkway, Suite 300 Portland, OR 97224 4:00 p.m. Please note this will be an informational 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 224-9570 if you have any questions. Sincerely, Dennis R. Woods DRW/sk F:\WPDATA\95-06\95252\02LLSK } :. address;name D °': M i ..................... . Mary Swintek • 9915 SW Frewing#23 ................................. ................................ Tigard, OR 97223E`NTW E Ms. Swintek : r ................................ ................................ ........................................ ....................................... 0 ........................................ ........................................ Craig Hopkins 7430 SW Varns ................................ Tigard, OR 97223E Mr. Hopkins ,IE ! >.. ........................................ ....................................... Mark F. Mahon 11310 SW 91st Court Tigard, OR 97223I ' Mr. MahonE , ;;;;:......... ERE+; Joel Stevens 9660 SW Ventura Court ................................. Tigard, OR 97223E D ................................ Mr. Stevens ? E...... . . . E..... .... ............................................ Pacific Realty Associates L.P. Attention: Ken Grimes 15350 SW Sequoia Parkway, Suite 300 ................................ ................................ Portland, OR 97224) W E Mr. GrimesD ................................ ................................. D ' ........................................ Home Depot USA, Ltd. Attention: Mr. James T. Lloyd 601 South Placentia Fullerton, CA 92631 t Mr. L1oydEEE :.,,. ........................................ ........................................ .3 Home Depot USA, Ltd. Attention: Mr. A.M. Litt Senior Corporate Counsel Two Paces West 2727 Paces Ferry Road, NW Atlanta, GA 30339-4053EISUBMii Mr. LittENT)Fiqui gmwpoRD. Home Depot USA, Ltd. Attention: Jim Lyons 601 South Placentia Fullerton, CA 92631ENDFIELD Mr. LyonsENDFIELD UMECORD MACKENZIE/SAITO & ASSOCIATES, P.C. ARCHITECTURE• PLANNING• INTERIOR DESIGN 0690 S.W.BANCROFT STREET•P.O.BOX 69039 PORTLAND,OREGON 97201-0039•(503)2249570•FAX(503)228-1285 MEETING MINUTES DATE: June 26, 1995 SUBJECT: Houlihan's Restaurant Neighborhood at PacTrust Meeting Minutes# 1 (6/15/95) MSA Project Number 295252 BY: Dennis Woods )t,l) PRESENT: Dave Cutter-Houlihan's Restaurant Ken Diener-The Home Depot Leon Harvickson-PacTrust Dennis Woods -Mackenzie/Saito&Associates(MSA) The following items were discussed: 1. MSA presented an overview of the proposed development with site plan, floor plan,and building elevations. The proposed development within all zoning codes,with parking 88 spaces provided,building size under 7,000 sf. 2. Ken Diener(Home Depot): a. Q: Hours of operation? A: Dave Cutter(Houlihan's): The proposed hours at present are 10 a.m. to 1 a.m.,seven days a week. b. Q: Rooftop mechanical units painted to match building? A: Dave Cutter: Units will be painted to match complementary color (i.e., building parapet or roof background; final color has not yet been selected). 3. There were no objections noted to the proposed development. Every effort has been made to accurately record this meeting. If any errors or omissions are noted,please provide written response within five days of receipt. DRW/kc F:\W PDATA\95-06\952 52\26MM 1.KC • MACKENZIE/SAITO & ASSOCIATES, P.C. ARCHITECTURE • PLANNING • INTERIOR DESIGN 0690 SW BANCROFT STREET • PO.BOX 69039 PORTLAND,OREGON 97201-0039 • (503)224-9570 • FAX(503)228-1285 Houlihan's Restaurant Pacific Corporate Center Tax Lots 300 and 400, Map 2S1-12DA NEIGHBORHOOD MEETING Thursday, June 15, 1995 PacTrust 15350 SW Sequoia Parkway, Suite 300 Portland, OR 97224 4:00 p.m. NAME REPRESENTING TELEPHONE NUMBER AvC Cc,--sr-r- -- KC CA.La-4*PC 1 59 / Dtev 4a. -rvidoteopi LS/• L � aftitiick_<-1Ai H‘c_ vv -.xvni Jy2 /It/ ` - f pro SDR 95-0013 PACIFIC REALTY ASSOCIATION (Page 1 of 1) 2S112AD-00900 2S112AD-01000 HOME DEPOT USA, INC PACIFIC REALTY ASS. P 5690 DTC BLVD SUITE 290 15115 - -: .. PKWY #200-WMI ENGLEWOOD CO 95125 LAND OR 97224 2S112DA-00200 2S112DA-00300 PACIFIC REALTY ASSOCIATES L P PACIFIC REALTY ASS' • - 15115 SW SEQUOIA PKWY #200-WMI 15115 . - -well A PKWY #200-WMI PORTLAND OR 97224 •; - LAND OR 97224 2S112DA-00500 PACIFIC REALTY ASSOCI • - • 6 ���),)c MACK NZIE/SAITO 15115 SW - e .: • •KWY #200-WMI te'x , PO BOX 69039 •e '-- '•ND OR 97224 a - �' PORTLAND OR 97201 PACIFIC REALTY ASSOCIATES L P 15350 SW SEQUOIA PKWY #300 PORTLAND OR 97224 i �• y 624.4 1 01 1100 / ""6lO42"E u FOR ASSESSMENT >vuc .075 AC. / o PURPOSES ONLY 1200 501 900 vvv// f DO NOT RELY-ON J5 c,l,l1 ,.11 r 6S u./4 ac. =_k FOR ANY OTR U: 1200 SO Y U_ ` N:: 1,,,e% 1..t. ' • tv n \ W $cam. J.53 — _ — —10.41 �f �+ ~� �. i / N v Y64. 1 / Q t: E t.S `� W; 70(1 I Y '' 700 t:l Q (-, 9 `,� I� 277) a. 23_ 8 I p. Ir.ao o 0 ?F z a \ `��. 'a-'�► a-ti. v 'k tiff R n't ,�. . 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I W I L Cr Q _ 900 S01 I (� I O I " S,, I I Z FOR ASSESSMENT PURPOSES ONLY (A/ � � — — — — / DO NOT RELY ON C/ — — — — 524 62 1 -- — w FOR ANY OTHER USE I4g34 r?? 1 Z \� ` i 3�9 r R /o� J 1• . i.Y�. 1 \ l 0 \f‘;/ 1�_ 1 I ' , Q NE At9` Ar ri� } . b J R_st�i F- F- ,J / u ` D W 118.3D 6 23 — sI 1 V a p f i rod \ /49 i 60 75 3 X16 „.. ��483 _ .�`` . 16857 /I tr INITIAL t n / I `\ I \r 2 Q �1 --_ \ \ si /). 0,I N1 140+00 -^ I J \._ BONITA RD \ A J of a m O I— O 1 5 a w a J z CARDINAL LN • a )1111 A J u) a w z I-- 0 Cc co CC w a REDWOOD LN z a LL 0 Q 0 CC J } cc (3ABLE LN Ir Y a w 0 / 5 - Q O - w U) r_i IPrz VICINITY EXHIBIT MAP CASE: T NORTH Site Development Review (SDR) Scale r"_soO" 95-0013 FEET 0 4 0 0 8 0 0 HOULIHAN'S RESTAURANT M:\GISDAT\TIGCOV\NELSDWG\SXN13 3/13/95 SDR 95-0013 HuoLIHAN'S RESTAURANT — — SITE PLAN — — T: � R IN E i i --- ,\ - - -- - - - -i - ° _— °J - ---. ._ .._.MINIM ' / _F f -!: ° mow '1 e O • I, I fl At At!' 0 J1 1 Li I F e y•j Iii I I , . 111/7U. a i. fr,...-.",.�� ■� 1 ,,,,.. . ., Mini°e• 1,,:l i. 0 0 t Elie.. II-I�. ,__. IJ �,.,. A. 1.....w V' 4—" ,,!Viii ' r` 1 1 I f��! I III- _.. ' r 1t /' ��; 1 s1g111111119111M ;11191351 F 1 / - n ! � 914 y� +g pg 1114( dg II W �1 r ' , s� .r: w, 'M 11ir r _ 3 g ;gall ird; af �� hat, i E;7 A i9 i 4 '5 A C)J —4 i l r ii S i t l -HOUUHAN'S RESTAURANT MACKENZIE ENGINEERING INCORPORATED ■ —� 4� PACIfc CORPORATE GENIE! (/� w.sln,.F.i .h.nOar�elMn `8,,,t, �� /RI — TIGARD. OREGON .no:,.I,lwlwNl n �,a,r..we. {I 11 II 1111 II — e t1 /pu.e un lM01 ' 1II II III I � 3 E, i � E nwrr tfrtl�j f1_els0 rul,p4fpa._,lu `II IUI IIUI E4` - - - = . — SITE PLAN -- ----------- ------ N�,a.ae�.alt.r y..rw ma u.. MACKENZIE ENGINEERING INCORPORATED C:VIL • ST:RUCT:;RAL • SURVEYING • TRANS?CRTATICN 0690 SW. 3ANC=C-STREE • P.O.SOX 55039 PORTLAND. C=c::CV 37201-,039 • (503) 724-?560 • FAX(5031 225•;235 July 19, 1994 City of Tigard Engineering Department Attention: Michael Anderson 13125 S.W. Hall Boulevard Tigard, Oregon 97223-8199 Re: PacTrust Buildings 236/237 Traffic Genera cr, Ana! is Prcject Number 294 _0 Dear Michael: Mackenzie Engineering ,n:operated (MEl) has updated the comparison of traffic projec ion for the existing and proposed uses of the Pacific Corporate Center against projections from the 19E8 study. This update includes traffic generated by Buildings 226 and 237. Building 236 is now proposed to support a 7,CCO-sq.-ft. restaurant. Building 237 will house a 21,100-sq.-ft. bank cifea building which will consist of approximately 18,540 sq. ft. of office space and a 2,560-sq.-ft. branch. The two proposed buildings are replacing the previous Building 236 which was to have been a computer retail store. TRIP GENERATION Trip generaticn rates for the restaurant (236) and bank/office building (237) are estimated using the Institute of Transpertaticn Engineers Tric Generation Manual, Fifth Edition. Table 1 summarizes the trip rates fcr the PM peak hcur. The restaurant trip rate used is High Turnover (sit down) Restaurant, which is typically like . a Denny's cr Shari's. The specific restaurant occupant has not yet been determined. A 30% reduction has been taken in the restaurant trip generaticn to account fcr pass-by and internal trip traffic already in the Pacific Corporate Center. Trip generation fcr the bank was estimated utilizing the number of drive up windows. The bank will consist of an approximately 2,560-sq.-ft. branch once with two drive-thru windows, and 18,540-sq.-ft. of once space. RE trip rates are available based on building square footage, but have peer correlations compared to the drive up window rates. The office trip generaticn is estimated for general office utilizing gross building size. In the December 15, 1993, Traffic Generation Analysis, trip generaticn for the previously proposed computer store and Office Depot was estimated to be 177 vph during the PM peak hour. By replacing the computer store with the bank/office and restaurant, the number of PM peak hcur trips will increase to 328 vph. F:\WPCATA\"9 7\5423C\19Lt.;cc Michael Anderson Project Number 294280 July 19, 1994 Page 2 Existing and in-process development trip generaticn rates were obtained from the May 2, 1994, Traffic Generation Analysis for PacTrust Buildings 238, 240, and 241. The previous analyses include driveway counts fcr existing develcpments and trip generation estimates for the in-prccess deve!cpments which were based upon the Institute of Transportation Engineers Tric Ger'e-ation Manual, Fifth Edition. No new counts have been conducted fcr this analysis. Table 1 Trip Generaticn Proposed Deveicpmert Building E:.:iiding Use Building Area PM Peak Hcur Number KSF Enter Exit 236 Restaurant 7.0 43 36 (New Trips) 237 Sank with 2.6 53 57 Drive Office 18.5 9 I 45 Total I 105 138 • TRAFFIC COMPARISON The Transportation Analysis prepared for the Pacific Corporate Center in December 1988 estimated a total cf 532 vehicles entering and 1228 vehicles exiting the site at full development during the PM peak hour. With develcpment of the in-process buildings and the proposed buildings 236 and 237, approximately 42.5 acres cf the 44.4-acre Pacific Corporate Center will be developed (96%). Table 2 presents a comparison of the estimated PM peak hour trip generaticn fcr this level of development against 96% of the 1988 master plan projected traffic. F:\W F CA i A\9447\S 4 C\1 S L:.k c Michael Anderson Project Number 2942E0 July 19, 1994 Page 3 Table 2 Update Trip Prcjecticn Versus 1988 Trio Prcjecticn Trips Ex:stir,_ - Proposed Total Site 88 Traffic 96% of 28 In-Process 236/237 Traffic PM Peak I 1 '07 I 243 I 1650 1760 I 1690 I PM Enter I 56 I 105 666 I 532 i 511 P M Exit I E=c I 138 I 984 I 1226 I 1179 CAPACITY ANALYSIS Traffic generated by the restaurant, bank, and erne in Buildings 236 and 237 is expected to have a distribution s;.;,liar tc that in the 1988 study with 79% cf site generated traffic travelling to Interstate 5, through the intersecticn cf Upper Bccnes Ferry Rcad with Sequcia Parkway. The intersection is expected to continue operating at acceptable levels cf service during the PM peak hour with the additcn of traffic frcm the two buildings. CONCLUSIONS AND RECOMMENDATIONS This analysis has found that existing, approved, and prepcsed develccment of the Pacific Corporate Center will generated traffic at a rate approximately 98% of ti-,at projected for the same level cf development in the 1988 master plan traffic analysis. The critical egress traffic is approximately 17% below 1968 projections, while entering traffic is approximately 30% higher, indicating that distributicn of site traffic is more evenly split between entering and exiting vehicles than originally anticipated. The balanced inbound/cutbcund distribution will result in a decrease in impact to intersecticn capacity frcm that assumed in the 1988 study. If ycu have any question, please call me at 224-9560. Sincerely, t` PROF Brent Ahrend `S = r 4. Traffic Analyst � ,I BA/kc czuocr :�' Y25.v ' cc: Ken Grimes - Pac T 2:st 0 Dennis Wccds - Mackenzie/Saito & Associates ENO P. 06th.' £�'• 2/- 1/94 F:\W 7 V;4-7f,r"23.^.\'SL:.ke MEMORANDUM CITY OF TIGARD, OREGON TO: Will D'Andrea August 1, 1995 FROM: Michael Anderson, Development Review Engineer RE : SDR 95-0013 HOULIHAN' S RESTAURANT Description : The applicant requests Site Development Review and approval to construct a 5, 700 sft restaurant on a site located at the SE corner of SW Cardinal Lane and SW Sequoia Parkway. The site is located within the Pacific Corporate Center and received approval for a different size building per SDR 93-0023 in March, 1994 . In September, 1994, the applicant revised the site plan and obtained approval for two smaller buildings that comprised a total area approximately the same amount . The other building contiguous to the south of this site is the existing Centennial Bank. Findincis : 1 . TRAFFIC IMPACTS : The original traffic study for the Pacific Corporate Center subdivision was prepared by Mackenzie Engineers in 1988 and provided the guidelines for the subsequent construction of the roads and traffic signals . A revised update report by Mackenzie dated July 19, 1994 indicates that the proposed development is consistent with assumptions of the 1988 report . The access to the new restaurant will be provided by driveways from both SW Cardinal Lane and SW Sequoia Parkway. In 1993, SW Cardinal Lane was approved for construction together with the Home Depot development and has been completed. In addition, SW Sequoia Parkway was constructed with the original development in 1989, and the new driveway construction was permitted with the application in March, 1994 . Therefore, no further street construction should be required. However, this development is required to pay traffic impact fees (TIF) to help to fund off- site improvements which may be needed in the area as the result of continuing development . 2 . STREETS : As noted above, the proposed development will take access from driveways that connect to both SW Cardinal Lane and SW Sequoia Parkway. This driveway construction was approved with the previous application, and is subject to a joint use and maintenance agreement that was established in 1995 . ENGINEERING COMMENTS SDR 95-0013 HOULIHAN' S PAGE 1 3 . SANITARY SEWER: The site currently has 8 inch public sanitary sewer lines located within each public street . The lines have sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards SW Sequoia Parkway. The stormwater run-off will be collected in a private underground system and directed to a water quality facility located on-site between SW Sequoia Parkway and the existing Building #235 (Office Depot) , contiguous and westerly of the restaurant site . The final drainage design has also been approved by the previous application and is consistent with both the quality and quantity standards of the Unified Sewerage Agency . The Unified Sewerage Agency has established and the City has agreed to enforce (Resolution and Order No . 91-47) Surface Water Management Regulations requiring the construction of on- site water quality facilities or fees in-lieu of their construction . The proposed on-site water quality facility will be privately maintained. Recommendations : PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED : 1 . Washington County has established and the City has agreed to collect Traffic Impact Fees in accordance with Resolution No. 90-65 . The applicant shall pay the fee established for the proposed use . IN ADDITION THE APPLICANT SHOULD BE AWARE OF THE FOLLOWING SECTIONS OF THE COMMUNITY DEVELOPMENT CODE; THIS IS NOT AN EXCLUSIVE LIST 1 . 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: VY Randall R. Wool , City Engineer n:\engineer\sdr95-13.mla ENGINEERING COMMENTS SDR 95-0013 HOULIHAN' S PAGE 2 08/11/95 16:08 $503 625 6179 PRIDE DISPOSAL Z003/003 EI8/11/19 9 13:26 50364F OIR / RIO MANS =NT PAGE 02 AUG-10-95 TNU 17:06 11. ,I FAX NO. 5032(4 9812 P. 02/02• ! , �4.0 .. , , // I vi I. 1. o P- - - E.XP1 SED WRIER l_. ► ...N... \ ,,, , � \. E7 L•J i w/ r o /*Li �J l_D I a 1 T se cite_ • I - t i I 1 I 1 I ` 1 i' V1 ` c x IZ-` 4 .S� ` r.) O �5 .41 , ___1_ ... I- _ -L .l-- --- --- - / , I ! -.S1 \A S e o -� Q t ti '/ LA .o 4' 3 s- 11 to 1 i 1. � r p' P s v C":- vL 1Z6J V5C x-19.? ROCK WALL _ ---J 1 L I I _ I � J I, _,:,_ ,, ) (--- I • i____ 9 go .-- (b 6, "----7---] Q° 10 i El ,�dO n ' v' SANITARY 1 _ S N .;a ° ;ANI1ARY (r () IM IRO 54 RISER ° rLI ll '�— .1?; 1 -„ \ . -' 8/ZZ/ J . ( \ EDGE Er PAVEMENT = (S) RISERS I 1 I HOULIHANS AT PACIFIC CORP. CENTER -\\ \ i REVISED SITE PLAN PACTR UST 15350 S.W Sequoia Pkwy., Suite 300 Portland, Oregon 97224 Pacific Realty Associates, L.P. 503/624-6300•Facsimile:503/624-7755 April 23, 1996 BY FACSIMILE Will D'Andrea City of Tigard Oregon 13125 S.W. Hall Blvd. Tigard, OR 97223 Dear Will : Re: SDR #95-0013 Pacific Corporate Center Tigard, Oregon Pursuant to Request Item #2A of the referenced Site Design Review, the following is a list of buildings/tenants within Pacific Corporate Center, the square footage of each building, and the amount of retail square footage not permitted as an outright use within the IP zone. Total SF Retail SF Building No. 1 : 13,720 0 Portland Orthopedic Clinic Building No. 2: 27,500 0 Honeywell , Inc. , US West NewVector Group Building No. 3: US West NewVector Group 35,000 0 Building No. 4: 31,565 0 Nautilus Plus of Oregon Building No. 5: 22,500 0 SAIF Corp Building No. 6: 9,000 0 ROLM Co. Building No. 7: 56,174 0 Hewlett-Packard Co. Arrow Electronics Westlake Consultants Entertainment Publications West One Bank Oregon City of Tigard Page 2 April 23, 1996 Total SF Retail SF Building No. 8: 46, 166 0 Industra, Inc. Advanced Technologies International Lumbermen's Underwriting Alliance EMCON Northwest, Inc. Ingrim & Associates Architects/PC Country Fresh Farms International , Inc. Building No. 9 26,635 0 Encore Brokers AT&T Wireless Communi (K) , Inc. EVI Corp Building No. 10: 24,400 0 Americold Corp. Building No. 11 : 28,364 0 Office Depot Inc. Building No. 12: *6,679 *6,679 OIR Inc. dba Houlihan's Building No. 13: 21 ,600 0 Centennial Bancorp Building No. 14: **18,000 **18,000 A Place to Eat TAP Plastics Globe Furniture Rentals, Inc. Building No. 16: 62,007 0 USF&G The Hearst Corp. - First Databank Division Imagebuilder Software Lumbermens Mutual Casualty Company Carson Bekooy Gulick & Associates, Inc. Albany Insurance Co. Insurance Co. of North America dba CIGNA Performance Power Concept Cirrus Logic International , Ltd. * Includes outdoor patios usable less than 50% of year. **Includes Tap Plastics production/assembly area which is non-retail . City of Tigard Page 3 April 23, 1996 Total SF Retail SF Building No. 17: 62,011 2,770 Bagel Basket Northwest Evaluation Association Suriano-Williams Financial Services Bidtek Pacific Realty Associates, L.P. Jensen Securities Trans Pacific Export Goodyear Tire & Rubber Co. E. Clifford McKeen Leuthold Group West Western Data Services The Mead Corporation Building No. 18: 60,498 0 Courtyard by Marriott TOTAL: 551,819 27,449 The retail square footage not permitted as an outright use within the IP zone represents five percent (5%) of the total square footage of the project. If you have questions or require additional information, please do not hesitate to telephone me. Sincerely, PACIFIC REALTY AS OCIATES, L.P.• tlV/��n L on M. Hartvickson Vice President