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SDR1995-00007 SDR95 - 00007 TRIMET PARK-N- RIDE CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 95-0007 TRI-MET - OWNER / APPLICANT APPLICATION: A request for Site Development Review approval to allow the construction of a 200 parking space park-and-ride facility, and a bus pullout on SW Pacific Highway. Comprehensive Plan: C-G, (General Commercial) . Zone : C-G, (General Commercial) . Location: (WCTM 1S1 36DB, tax lot 2603) . 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 . 1 . The applicant shall submit a traffic report, for approval by the City Engineer, to examine the effects of the proposed traffic onto the private driveway, the traffic signal operation of the existing signal at the intersection with SW Pacific Highway, the left turn requirements for north bound traffic and its relationship to the northerly driveway into the proposed Park & Ride facility, and the need for alternative access to SW 72nd Avenue, either along the future development of Atlanta Street, or by inter-connection to future contiguous parking lot driveways, or by the 24 foot wide easement connecting to SW 72nd Avenue previously approved for this site . 2 . The applicant shall dedicate 25 feet for the future proposed Atlanta Street, contiguous to the existing 25 feet dedicated on the Tigard Cinema property. 3 . An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner' s right to oppose or remonstrate against a future Local Improvement District formed to improve the future proposed Atlanta Street . STAFF CONTACT: John Hagman, Engineering Department (639- 4171) . 4 . The construction of the private driveways and the storm drain system shall conform to public improvement standards, and be reviewed and approved by the Engineering Department . STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 5 . A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways . The agreement shall be referenced on and become part of all applicable parcel Deeds . The agreement shall be approved by - the Engineering Department prior to recording. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171) . 6 . The applicant shall prepare a drainage plan, including hydrology and hydraulic calculations, for review and approval of the Engineering Department, together with the design report for the water quality facility. The report shall demonstrate that the wetland will not be unduly affected by the on-site storm drainage run-off . 7 . The applicant shall provide for on-site water quality treatment, as shown on the site plan, and as required by Unified Sewerage Agency Resolution and Order No. 91-47 . Design calculations shall be in conformance with the general requirements of Surface Water Quality Facilities Technical Guidance Handbook, USA, 1991. The facility shall be maintained by TRI-MET. 8 . An erosion control plan shall be provided and shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989 . " STAFF CONTACT: Greg Berry, Engineering Department (639-4171) . 9 . The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) . 10 . The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Pacific Highway. The bus pullout lane design should include provisions for the possible future widening of SW Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a building permit for the site work. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) . 11 . Documentation shall be submitted which shows tax lot 2603 has access rights to utilize the private access road. Should such access be denied, a revised site plan shall be submitted which provides the required access to SW 72nd Avenue . As an alternative, a revised plan may be submitted which provides for 100 parking spaces which utilizes the existing 25 foot access easement across tax lot 2600 . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 2 12 . Evidence of a legally recorded minimum 15 foot wide access - easement to a public street . 13 . 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. Impervious surface / landscape calculation. Minimum landscaping is 15 percent of the site . b. Access drive to SW 72nd Avenue. c . Parking lot connection with future adjoining development, should the traffic report conclude the driveway is not needed at this time . 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS : 14 . All site improvements shall be installed as approved per the revised site plan. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II . FINDINGS OF FACT 1 . Background: In September 1993 , a lot line adjustment (MIS 93-0014) was approved for tax lots 2600 and 2602 . That lot line adjustment has not been recorded. A Site Development Review application (SDR 93-0020) was approved in 1993 for the development of a miniature golf course. No subsequent land use applications have been filed with the City for this site . 2 . Vicinity Information: NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 3 The site is bounded by SW 72nd Avenue to the east, Pacific Highway to the north and an Act 3 Theater private drive to the south and east . The surrounding properties are zoned C- G (General Commercial) and are developed with a movie theater, dance studio/gymnastic center, restaurant, appliance store, tire store and single family home. 3 . Site Information and Proposal Description: The 2 . 2 acre site is undeveloped. The site slopes from north to south and drops approximately 20 feet over the site. Redrock Creek borders the southern property boundary. The northern portion of the property has been filled and there is an abrupt drop of 4-8 feet across the property from east to west . The vegetation on the site is a non-native (hay) grass community. The applicant requests approval to construct a 200 parking space park-and-ride facility and a bus pullout on SW Pacific Highway. 4 . Agency Comments : The Tualatin Valley Water District has reviewed this proposal and has offered the following comments : See red-marked drawings with our suggested waterline installation. Tualatin Valley Water District needs an easement for maintenance of waterline in private street . General Telephone and Electronics has reviewed this proposal and has offered the following comments : Developer to place conduit for telephone service to GTE specifications . The City of Tigard Maintenance Services Department, City of Tigard Building Division, City of Tigard Police Department, Tualatin Valley Fire District, Unified Sewerage Agency, Portland General Electric, has reviewed this application and have offered no comments or objections . No other comments have been received. SECTION III . ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS : Use Classification: The applicant is proposing to build a park and ride facility. A park & ride is classified in Code Section 18 .42 (Use Classifications) as Parking Facilities . Code Section 18 . 62 . 030 allows Parking Facilities as a permitted use in the C-G zoning district . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 4 Minimum Lot Area: Section 18 . 62 . 050 states that there is no minimum lot area for parcels in the C-G zoning district . The site has an average lot width of approximately 240 feet, thereby exceeding the required 50 foot average minimum lot width. Developments within the C-G zone are required to provide a minimum of 15% landscaping. The applicant shall submit impervious surface calculations to show compliance with the impervious surface requirements of this zone . Setbacks : Section 18 . 62 . 050 states that no setbacks are required except that 20 feet shall be required where the C-G zone abuts a residential district. This site does not abut a residential zoning district, therefore there are no applicable setback standards . Section 18 . 120 . 180 (A) (1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code. The applicable criteria in this case are chapters 18 . 100, 18 . 102 , 18 . 106, 18 . 108, 18 . 114 , 18 . 120 , 18 . 150 , and 18 . 164 . The proposal' s consistency with these Code Chapters is reviewed in the following sections . The proposal contains no elements related to the provisions of Code Chapters 18 . 84 (Sensitive Lands) , 18 . 92 (Density Computations) , 18 . 94 (Manufactured/ Mobile Home Regulations) , 18 . 98 (Building Height Limitations : Exceptions) , or 18 . 144 (Accessory Use and Structures) which are also listed under section 18 . 120 . 180 .A. 1 . These Chapters are therefore found to be inapplicable as approval standards . Code section 18 . 120 . 180 .A. 2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections . These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18 . 120 . 180 . 3 (Exterior Elevations) , 18 . 120 . 180 . 6 (Private Outdoor Areas : Residential Use) , 18 . 120 . 180 . 7 (Shared Outdoor Recreation Areas : Residential Use) , 18 . 120 . 180 . 8 (Sensitive Lands) , 18 . 120 . 180 . 9 (Demarcation of Spaces) , and are therefore found to be inapplicable as approval standards . Relationship to the Natural and Physical Environment : Section 18 . 120 . 180 .2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. This proposal does not include the construction of buildings . The plan does provide for preservation of an NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 5 existing 30 inch oak tree and wetland area, thereby satisfying this criteria. • Buffering, Screening and Compatibility between adjoining uses : Section 18 . 120 . 108 .4 (A) states that buffering shall be provided between different types of land uses . The proposed park-and-ride is surrounded by commercial uses which do not require buffering in accordance with the Buffer Matrix. Privacy and Noise : Section 18 . 102 . 108 . 5 requires that buildings be oriented in a manner which protects private spaces on adjoining properties from view and noise and provides a buffer from uses which create noise, lights or glare . This criteria is not applicable as a building is not being proposed with this development . Crime Prevention and Safety: Section 18 . 102 . 108 . 10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic . An exterior lighting plan has been submitted for review and approval . The Tigard Police Department has approved the proposed lighting plan. 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) . The preliminary landscape plan shows the provision of 5 London Plane trees, 4 inch caliper, to be spaced approximately 40 feet apart, satisfying this requirement . Screening: Special Provisions : Section 18 . 100 . 110 (A) requires the screening of parking and loading areas . Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees . Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy effect . The minimum dimension on the landscape islands shall be three feet and the landscaping NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 6 shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, the applicant has provided screening of the parking lot and parking lot trees in accordance with this section. 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 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 shall be satisfied. The Americans with Disabilities Act (ADA) , which became effective on January 26 , 1992 , requires 6 disabled parking spaces if 151 to 200 parking spaces are provided. This site provides 200 parking spaces, thereby requiring 6 disabled parking spaces . The proposed site plan shows the provision of 7 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 . Thirteen bicycle parking spaces will be required for this development . The site plan indicates the provision of a 15 space bicycle rack, thereby satisfying this criteria. Access : Section 18 . 108 . 080 requires that commercial and industrial uses which require more than 100 parking spaces provide two accesses with a minimum access width of 30 feet and a minimum pavement width of 24 feet or one access with a width of 50 feet and 40 feet of pavement . Curbs are required as well as a five foot sidewalk. The plan shows the provision of two access drives onto the Tigard Cinemas private access road. Both drives are shown with a pavement width of 24 feet . The applicant shall be required to obtain an access easement, and joint use and maintenance agreement, to use the private road. If access easements cannot be obtained, the applicant shall provide the required access to SW 72nd Avenue . If access onto SW 72nd Avenue cannot be NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 7 obtained the application will be denied. The property has a 25 foot access easement across lot 2600 to SW 72nd Avenue, however this width is inadequate to serve this proposal . The 25 foot easement would support 100 parking spaces under City standards . A revised site plan may be submitted which provides only 100 parking spaces . The purpose of these access standards is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site . While a narrow scope of review could conclude that this site has the minimum required two access points onto a private street, staff concludes that the scope of review should be expanded to include all of the uses which utilize this private street . Given the fact that the proposed park-and-ride will exit onto a required driveway for adjoining uses, it is necessary to examine how this private access road functions . This access road currently carries traffic generated by the Tigard Act III theaters and a dance/gymnastics studio, in addition to the proposed park- and-ride . The City has long been aware of traffic congestion on this road and at the intersection with SW Pacific Highway. To lessen the impact of the park-and-ride on the existing road, the site plan shall be revised to provide an accessway onto SW 72nd Avenue, utilizing the easement granted to this lot . Alternatively, the applicant may demonstrate in the traffic report that the existing road is adequate to accommodate the proposed use and that a drive to SW 72nd Avenue is not necessary to relieve the increase in traffic generated by this proposal . This report shall address the capacity of the existing road and service level of the intersection. Coordination of Access : Section 18 . 108 . 110 (A) states that in order to provide for increased traffic movements on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon findings that the proposed access would: 1) Cause or increase existing hazardous traffic conditions; or 2) Provide inadequate access for emergency vehicles; or 3) Cause hazardous conditions to exist which would constitute a clear and present danger to the public, health, safety, and general welfare . This criteria shall be satisfied as the applicant shall revise the plan to provide a driveway to SW 72nd Avenue or demonstrate in a traffic study that the existing access road is adequate to accommodate the additional traffic created by this proposal . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 8 Section 18 . 108 . 110 (B) states that in order to eliminate the need to use public streets for movements between commercial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible . The Director shall require access easements between properties where necessary to provide for parking area connections . This criteria shall be satisfied as the applicant has been required to provide a drive to SW 72nd Avenue . Future development on the adjoining lot will be designed to accommodate this accessway. In the event that the traffic report finds that this driveway is not warranted, then the plan shall be revised to allow for connection of the parking lot with future adjoining development . Walkways : Section 18 . 108 . 050 states that unless impractical, walkways should be constructed between a new development and neighboring developments. 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 obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards . The preliminary plan shows the provision of a walkway connection along the northern property line which will provide for a connection with future development on the adjoining property, thereby satisfying this requirement. Signs : Section 18 . 114 . 130 (C) lists the type of allowable signs and sign area permitted in the C-G zone . All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 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 : NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 9 The previous project approved in 1994 for this site was a proposed miniature golf course which included an access ' along a 24 ft wide private driveway connecting to SW 72nd Avenue, parallel to and north of the Red Rock Creek that separates this site from the Tigard Cinema site. A traffic report, prepared by Keech Associates, Inc. dated January 17, 1994 , was submitted with the golf course proposal and approved for that development . In earlier meetings with the Tri-Met representatives, it was expected that a traffic report would be prepared to address the concerns of ODOT with respect to the increased traffic using the private driveway that serves the Tigard Cinema and the signalized intersection of this private driveway connection to SW Pacific Highway. The applicant indicates that they are negotiating for access rights to this private driveway. A joint access and maintenance agreement should be provided as a part of the final project submittal . In May, 1994 , changes to the regulations pertaining to access, egress and circulation were adopted by the City Council by Ordinance 94-07, and Section 18 . 108 . 110 of the CDC requires that connections between parking lots in commercial areas should be designed to provide an alternative to the use of public streets for movements between contiguous commercial properties . It is recommended that a traffic report be prepared and submitted to the City that addresses the effects of the traffic utilizing the proposed parking lot with respect to the adjacent private and public street intersections and the need for connectivity, prior to submission of final plans . In addition, the report should analyze the relationship of the northbound left turn lane requirements exiting onto SW Pacific Highway with respect to the northerly driveway entrance into the proposed Park & Ride facility. 2 . STREETS : The site is located southerly of SW Pacific Highway with easement access proposed onto the existing private driveway connecting to the Tigard Cinema. SW Pacific Highway is a State highway and is classified as an arterial on the Comprehensive Plan. Also on the Comprehensive Plan is a notation (#5) that requires a study for a new roadway inter- connection between SW Dartmouth Street and SW 72nd Avenue, along the Red Rock Creek. In response, the Tigard Cinema development dedicated 25 feet along their northerly property line as a future public road (ref; SDR 87-12) , which would be an extension of Atlanta Street . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 10 To comply with the Comprehensive Plan, the applicant shall also be required to dedicate a 25 foot strip for the proposed Atlanta Street , contiguous to the above-mentioned 25 foot strip . As an alternative means of access, the 24 foot wide easement that previously provided access to SW 72nd Avenue for this site could be utilized, and should be a consideration in the site access analysis of the traffic report . In the event of the formation of a future LID to improve the future Atlanta Street , the applicant should be required to sign an agreement of non-remonstrance . The proposed plan also includes the widening of a portion of SW Pacific Highway to provide a bus pullout lane . The City Council recently authorized the preparation of a traffic study pertaining to the proposed development of the "Tigard Triangle" which was submitted on May 15 , 1995 , by DKS Associates . The report indicates that SW Pacific Highway may require widening in the future, and the applicant should include provisions in the design and construction of the bus pullout that provide for the possible widening of SW Pacific Highway to seven (7) lanes . 3 . SANITARY SEWER: The site currently has a 10 inch public sanitary sewer line located in an easement adjacent to and parallel with the Red Rock Creek. The sewer has sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards Red Rock Creek through a wetland that is adjacent to the creek . The wetlands delineation was made by IES Associates in a report dated June 7, 1993 . The wetlands report recommended protection by means of a buffer and the site plan shows a minimum 25 foot buffer between the proposed parking lot and the wetland. The stormwater run-off from the proposed parking lot is shown on the preliminary site plan draining to swales adjacent to the buffer. The final drainage plan should examine the need for sheet flow into the buffer area. As indicated in the wetlands report , the wetland is dependent upon the surface water flows from the north and this flow should be perpetuated to maintain the integrity of the wetland. NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 11 The proposed site plan also shows the extension of the existing storm drain system that emanates from SW Pacific Highway, over to the Red Rock Creek. The final design for the drainage plan should include a hydrology and hydraulic report of the proposed drainage system that demonstrates compliance with both the water quality and quantity standards of the Unified Sewerage Agency. The applicant should submit plans for the new storm drain system in accordance with public improvement standards for review and approval by the Engineering Department . 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. As noted above, the applicant is proposing on-site water quality facility and it should be privately maintained. FINDINGS AND CONCLUSIONS - Minor Land Partition Section 18 . 162 . 040 contains the following general approval criteria for a Minor Land Partition: 1 . The proposal conforms with the City' s Comprehensive Plan; 2 . The proposed partition complies with all statutory and ordinance requirements and regulations; 3 . Adequate public facilities are available to serve the proposal; 4 . All proposed lots conform to the size and dimensional requirements of this title; and 5 . All proposed improvements meet City and applicable agency standards (Ord. 89-06 ; Ord. 83- 52) . The proposal conforms with the City' s comprehensive plan in that the newly created lot will continue to allow for commercial development . This proposal therefore is not in conflict with the General Commercial Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 12 process . Adequate public facilities are available to serve the proposal . Section 18 . 162 . 050 contains the following special provisions for lots created through the Partition Process : A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district . B. Lot Area: The lot area shall be as required by the applicable zoning district . In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage : Each lot created through the partition process shall front a public right-of- way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement . D. Setbacks : Setbacks shall be as required by the applicable zoning district . E . Front Yard Determination for Flag Lot : When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet . Structures shall generally be located so as to maximize separation from existing structures . F. Screening on Flag Lots : A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18 . 100 . 080 and 18 . 100 . 090 . Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development . G. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities . H. Reciprocal Easements : Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 13 I . Accessway: Any accessway shall comply with the standards set forth in Chapter 18 . 108 , Access, Egress, and Circulation. J. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. For the purposes of this review, tax lots 2600 and 2602 shall be referenced as parcels 1 and 2 . The lot created for the park-and-ride shall be referenced as parcel 3 . Criteria A is satisfied as there is no minimum lot area requirement in the C-G zone . Criteria B is satisfied as the lot widths are approximately 260 , 140 , and 250 feet respectively, thereby exceeding the 50 foot minimum lot width. Criteria C shall be satisfied for parcel 3 as the applicant shall provide evidence of a legally recorded minimum 15 foot wide access easement to a public right-of-way. (*C*) Criteria D is satisfied as there are no setbacks applicable to parcel 3 . Criteria E, F and J are not applicable as these lots are not flag lots nor within are they within the floodplain. Fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria G. Criteria H shall be satisfied as the applicant shall submit evidence of a reciprocal access easement for parcel 3 . Criteria H is not applicable to lot 2 as it does not require a shared driveway. Criteria I shall be satisfied if the applicant can submit evidence of access easements to use the private driveway, as shown on the preliminary plan. Should access to this driveway be denied, the applicant will be required to provide two accessways (30 foot width) or one access (50 foot width) onto SW 72nd Avenue . Should neither alternative be possible, Criteria I would not be satisfied and the partition will be denied. Access requirements on parcel 1 shall be reviewed when it is built upon. SECTION V. PROCEDURE - NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 14 1 . Notice : Notice was published in the newspaper, posted at City Hall and mailed to : XX The applicant and owners 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 Tuesday, July 12, 1995 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. 7/11/95 . 4 . Questions : 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 ay_t de 7 6/23/95 PREPARED BY: William D'Andrea DATE Assistant Planner L=0-6) J 6/23/95 APPROVED BY: Richard Bew dorff DATE Senior Planner NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 15 111 � ' 11I1 I RUCE ST MIN 1 1 1 7 1 � i______ col‘ 1 : 1 _.4._ 41 4-:J Z _ W a. in II 0 . J 41 . E Z .T -------J r Q J it / a i c Aitilik a I 1 Q z V CV 1 P. II: _ ST • --c----- 1.1.. • c- -- if - 0 I 1•111_ 1 Q rn 1O ,,— I , STIa V r: , •, I 1 III oa,R744007.N ST VICINITY EXHIBIT MAP CASE: SDR 95- 0007 110 I, MIS 95- 0011 TRIMET NORTH Scale 1"=400' FEET 0 400 800 M:\GISOAT\TIGCOV\NELSOWG\SXN13 3/13/95 MEMORANDUM CITY OF TIGARD, OREGON TO: William D'Andrea June 22, 1995 FROM: Michael Anderson, Development Review Engineer (� RE: SDR 95-0007 TRI-MET I�3J Description : A request for Site Development Review approval to allow for the construction of a TRI-MET Park & Ride parking lot facility on a 2 . 16 acre site located west of SW 72nd Avenue, southerly of Pacific Highway, adjacent to the Tigard Cinema and to the access road to the Cinema. The site is also known as Tax Lot 1S1 36DB 2603. Findings : 1 . TRAFFIC IMPACTS : The previous project approved in 1994 for this site was a proposed miniature golf course which included an access along a 24 ft wide private driveway connecting to SW 72nd Avenue, parallel to and north of the Red Rock Creek that separates this site from the Tigard Cinema site. A traffic report, prepared by Keech Associates, Inc . dated January 17, 1994, was submitted with the golf course proposal and approved for that development . In earlier meetings with the Tri-Met representatives, it was expected that a traffic report would be prepared to address the concerns of ODOT with respect to the increased traffic using the private driveway that serves the Tigard Cinema and the signalized intersection of this private driveway connection to SW Pacific Highway. The applicant indicates that they are negotiating for access rights to this private driveway. A joint access and maintenance agreement should be provided as a part of the final project submittal . In May, 1994, changes to the regulations pertaining to access, egress and circulation were adopted by the City Council by Ordinance 94-07, and Section 18 . 108 .110 of the CDC requires that connections between parking lots in commercial areas should be designed to provide an alternative to the use of public streets for movements between contiguous commercial properties. It is recommended that a traffic report be prepared and submitted to the City that addresses the effects of the traffic utilizing the proposed parking lot with respect to the adjacent private and public street intersections and the need for connectivity, prior to submission of final plans. In addition, the report should analyze the relationship of the northbound left turn lane requirements exiting onto SW Pacific Highway with respect to the northerly driveway entrance into the proposed Park & Ride facility. ENGINEERING COMMENTS SDR95-07 TRI-MET PAGE 1 2 . STREETS : The site is located southerly of SW Pacific Highway with easement access proposed onto the existing private driveway connecting to the Tigard Cinema. SW Pacific Highway is a State highway and is classified as an arterial on the Comprehensive Plan. Also on the Comprehensive Plan is a notation (#5) that requires a study for a new roadway inter-connection between SW Dartmouth Street and SW 72nd Avenue, along the Red Rock Creek. In response, the Tigard Cinema development dedicated 25 feet along their northerly property line as a future public road (ref; SDR 87-12) , which would be an extension of Atlanta Street . To comply with the Comprehensive Plan, the applicant shall also be required to dedicate a 25 foot strip for the proposed Atlanta Street, contiguous to the above-mentioned 25 foot strip. As an alternative means of access, the 24 foot wide easement that previously provided access to SW 72nd Avenue for this site could be utilized, and should be a consideration in the site access analysis of the traffic report . In the event of the formation of a future LID to improve the future Atlanta Street, the applicant should be required to sign an agreement of non-remonstrance. The proposed plan also includes the widening of a portion of SW Pacific Highway to provide a bus pullout lane. The City Council recently authorized the preparation of a traffic study pertaining to the proposed development of the "Tigard Triangle" which was submitted on May 15, 1995, by DKS Associates. The report indicates that SW Pacific Highway may require widening in the future, and the applicant should include provisions in the design and construction of the bus pullout that provide for the possible widening of SW Pacific Highway to seven (7) lanes . 3 . SANITARY SEWER: The site currently has a 10 inch public sanitary sewer line located in an easement adjacent to and parallel with the Red Rock Creek. The sewer has sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards Red Rock Creek through a wetland that is adjacent to the creek. The wetlands delineation was made by IES Associates in a report dated June 7, 1993 . The wetlands report recommended protection by means of a buffer and the site plan shows a minimum 25 foot buffer between the proposed parking lot and the wetland. The stormwater run-off from the proposed parking lot is shown on the preliminary site plan draining to swales adjacent to the buffer . The final drainage plan should examine the need for sheet flow into the buffer area. As indicated in the wetlands report, the wetland is dependent upon the surface water flows from the north and this flow should be perpetuated to maintain the integrity of the wetland. ENGINEERING COMMENTS SDR95-07 TRI-MET PAGE 2 The proposed site plan also shows the extension of the existing storm drain system that emanates from SW Pacific Highway, over to the Red Rock Creek. The final design for the drainage plan should include a hydrology and hydraulic report of the proposed drainage system that demonstrates compliance with both the water quality and quantity standards of the Unified Sewerage Agency. The applicant should submit plans for the new storm drain system in accordance with public improvement standards for review and approval by the Engineering Department. 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. As noted above, the applicant is proposing on-site water quality facility and it should be privately maintained. Recommendations : PRIOR TO THE ISSUANCE OF A BUILDING PERMIT THE FOLLOWING CONDITIONS SHALL BE SATISFIED OR FINANCIALLY SECURED : 1 . The applicant shall submit a traffic report, for approval by the City Engineer, to examine the effects of the proposed traffic onto the private driveway, the traffic signal operation of the existing signal at the intersection with SW Pacific Highway, the left turn requirements for north bound traffic and its relationship to the northerly driveway into the proposed Park & Ride facility, and the need for alternative access to SW 72nd Avenue, either along the future development of Atlanta Street, or by inter-connection to future contiguous parking lot driveways, or by the 24 foot wide easement connecting to SW 72nd Avenue previously approved for this site. 2 . The applicant shall dedicate 25 feet for the future proposed Atlanta Street, contiguous to the existing 25 feet dedicated on the Tigard Cinema property. 3 . An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner' s right to oppose or remonstrate against a future Local Improvement District formed to improve the future proposed Atlanta Street. STAFF CONTACT: John Hagman, Engineering Department (639-4171) . 4 . The construction of the private driveways and the storm drain system shall conform to public improvement standards, and be reviewed and approved by the Engineering Department. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 5 . A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways . The agreement shall be referenced on and become part of all applicable parcel Deeds . The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT : Diane Jelderks, Engineering Department (639-4171) . ENGINEERING COMMENTS SDR95-07 TRI-MET PAGE 3 b . 6 . The applicant shall prepare a drainage plan, including hydrology and hydraulic calculations, for review and approval of the Engineering Department, together with the design report for the water quality facility. The report shall demonstrate that the wetland will not be unduly affected by the on-site storm drainage run-off. 7 . The applicant shall provide for on-site water quality treatment, as shown on the site plan, and as required by Unified Sewerage Agency Resolution and Order No. 91-47 . Design calculations shall be in conformance with the general requirements of Surface Water Quality Facilities Technical Guidance Handbook, USA, 1991 . The facility shall be maintained by TRI-MET. 8 . An erosion control plan shall be provided and shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989. " STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) . 9 . The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639-4171) . 10 . The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Pacific Highway. The bus pullout lane design should include provisions for the possible future widening of SW Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a building permit for the site work. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) . 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. 10/0 APPROVED: Randall R Wooley, City Engineer n:\engineer\sdr95-07.mja ENGINEERING COMMENTS SDR95-07 TRI-MET PAGE 4 RECEIVED PLANNING UrA4 JUN 13 1995 UNIFIED SEWERAGE AGENCY OF WASHINGTON COUNTY MEMORANDUM DATE: June 12, 1995 TO: Will D'Andrea,Planner City Tigard /A, FROM: e Walker, USA SUBJECT: Tri-Met Park and Ride, Pacific Highway - 72nd Avenue USA has no objection to the use or location. Final design calculations for water quality, and a detailed erosion control plan are needed. /etp 155 North First Avenue,Suite 270 / Phone:503/648-8621 Hillsboro,Oregon 97124 i7 FAX:503/640-3525 ' OE- ?7Z2 3 REQUEST FOR COMMENTS RECEIVED PLAN CITY OF TIGARD OREGON JUN 0 21995 TO: Tualatin Valley Water District DATE: May 23, 1995 FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0007 TRI-MET • A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot ). South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. Attached is the Site Plan 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: Friday -June 2, 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: ! L�:,.. e • f44-2.Ver> I ui S ate, _ CoCo e �� 051 C_. D N S, t- P i ep 5 Or,J f'A5 a tZ pt eJfere r v�It_._ t IJ E (Please provide the following information) Name of Person Commenting: Phone Number: SDP 95-0007 TRI-MET PARK&RIDE May 23.1995 • •RUCE ST , MIMI x 11 - I w 111 Q I- — h 41 4 ' - 7 -IN w I a 1- w o I z , I 72z A E z .T `I % Q J QPG\F�G a i Q u, -` Q ' I Q 0 I z - N i. r H 1 • .; ST LL • --c------• O . 1 Q,JEI > • I r 21 I- II ST I gill U 1 OgRTMOUT H ST VICINITY EXHIBIT MAP CASE: SDR 95- 0007 i � MIS 95- 0011 11 TRIMET NORTH Scale 1-.400' FEET 0 400 800 At\GISDAT\TIGCOV\NELSDWG\SXN13 3/13/95 _____ ,..... „I_ _0.-\ ,, . , , : .... . . .. ... -.•:,.-- ,- • !-777- : • . . ! •..! .nr!,....... ! .7_7,7_,,....•...... ..._.771 ___ i,,. 7.r!,.. . :.7.; 2)1; ....4!,ec .,..!......c •.1 iN, or CONNECTION i A ... 3. 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AND ARC FOR MAXIMUM COVERAGE. \ .• ___ --"'- ------4. -- ' 1.."...:7 ir..-..z 1.'-...1............a wan:'''''''7'''':7: ..... _ I ... . , ---._-___-_-__•% . i •...JAW 0.•••••••••••''''''I•••Ilr.1 C.".. adaesar.•ass.laa,...- MWM1_ I • , ito. a.......11.*00.111..800. .• ......„. .„, \ \ 4 it 2 2 •I .1 • 1 ! 1. • lie g • t■ AL KEEP EXISTING TREE ROOTS DISTURBANCE i \ $ • 6 'LEEVE !!I .. WA*R MAI AS MINIMAL AS POSSIBLE. \ ‘-....:,44 •,. ,. I • ■ • r. I , 1 I I ... .".''.."......, .41 ',i<ill R/tj _.-----HAND EXCAVATE IF NECESSARY. ..... I 1 E 1 - 1 =...-:•..rommirs.AN ,L. ., .. .1-------- 0., J i 1 1120 • ' kitil \ :': Aralk • 1 \ '. P f5. 2*WATER METER SHALL BE INSTALLED 2 - • -- 'I 20° \‘" ___ ! :! -1 P 917 / r.J1 fi2C--. J .‘,-, d‘t ". . '' Ill. III _ 120 il ii I BY OTHERS. • i••• IC WATER PRESSURE AT POINT v. • I I - 1--.....---- 1 I • i • qj I.',1/2" I 7'. I I 1 1 -- i 4, •, .I. i , I i 20° '1, k A 2/ ''',. ,, OF CONNECTION IS 90. VERIFY AND NOTIFY ANY DISCREPANCIES. AM . 1 I I ... S‘-•••.. 1 I ■ ' '• ". 'i 7. EXTEND SLEEVES 12* BEYOND ALL 11411 i 1/2" H • -4-- 1,20. . . I I , 6 CLAMS AND SIDEWALKS INTO PLANTING • I \ . ! ... : 1 •1 • , • 1 I I \ BIM AND LAVIN AREA. 0 '. 1 1 7 I I i i - ..- .• '•1i \ . '..C, .......) \ '‘ \ r 0, ..-=----*- . ......... 1 • - ) 2?05".1 ''• IRRIGATION LEGEND: , , ,.. I li „• i 1•: I I : . : . , . • . , • i I 0.,--.. ....9.. I % \ I. , I 4 \ , ., III'11 • \ ......."..... ..... : I I . 1 "* 0'1 1.11 ' , I I 1 20" •••■ i i 1 I 1 I 1 . t.. i me, i . • % % 1. 1.6'...CC''\‘i; • \ li .. ' 0 . • I , it......*''''' li ‘, .• % ye % ., 1 II . 1 . I 20. sa GATE VALVE , 1 .1.1.1 ,,,.... .. , I \ ., , REMOTE CONTROL VALVE \ . \\ _ 4.__....---- .,,,,______\.\.. --4- ------ \I ,. ,.....f.,.r•s v• \\ ...9-1 I ______97--icifil,:',1` ..----%• ------- ---------- § QUICK COUPLCH::VALVE E , • • . , t > II \ A i \ 3 \ \k....4 Q • ..: , V.----- \ \ 120° (...'A. ---. 2 1/2'SCHEDULE 40 PVC MAIN LINE UNLESS OTHERWISE INDICATED ..\ % 6. E -1-,---,-17w.! : 120 \.,.. wsr,-.14,-..i. ',,.\ ‘.....„----' \ ii . 1 10°.. 'N ,\'‘,.V.,\‘\%1; ,, -- -- 3/4" CLASS 200 PVC LATERAL LINE 1 • i 9. i .',..... \;\ 't •! 120 I 20.: 1 • , 1 \\"\\V• 1 .-- 1. CLASS 200 PVC LATERAL LINE - % • J . . %, ,6... \ . , I 1 • .. -AL-- I 1/4" CLASS 200 PVC LATERAL LINE %• \ \ \ "...".. ..•••"•-. I I - !-, (.'0! I 1/2" CLASS 200 PVC LATERAL LINE .....,.. . • \ 0, 1••••0" "•• \ .. 1424° 1 . 1 - i --- I \\ '. \ • . s ci.. -- 1. . CLASS 200 PVC LATERAL LINE SIZE AS INDICATED \\ I r ' 46 cuss 200 SLEEVE UNLESS OTHERWISE INDICATED \\ • ..!!1 20* ir-21-. .1 • I II cv,';.•, • . I 1 C CC1NTROLLER .\\•. 44% \\ !.• \\\• :'•'.$ \ !'!! l' f .! I I 1 77:).:!11-1').- .....ii...„ ...... . 9" I -I idrik STAT 1 ON NUMBER •0 ...\ \ \ '' i'c 'INALE l'' '', • • \.. ., GRASS o., tk. I 20! r„, ., ,,GPIA . lit VEA' 1/2 VALVE SIZE \\ \ \ ..1. -.... -. . . 1.% , , ... \ ...1 o •-•,„ \\ ‘ \ N I \ 120 . • liEAL) KEY: ,.... .. I .:1 0-- % ' , \ 121... • t 120 i i 120.• .. , , -------- :• • 1 6 MODEL RADIUS PSI ARC 4 1, \ '‘..., Iti \ l''' 1 •. li 1 i \ .• . : I • .:.:.1. •, ..7-1.- X RAINBIRD 1812 F 10-15' 30 360* i i \ . --, \ -.... .: ., . ." \' ,\ `.. .. 0 RAINBIRD 1812 H CR INDICATED 10-15' 30 180° .• . 1 la 0 RAINBIRD 1812 0 10-15' 30 90* \ '.. ; 1.- -..*_._ it I ' \\ \ \ \ \ \:\ $ \ ',. I' I • : i • Di RAINBIRD 1812 STRIP HEAD 4 X 30, 4 X 1530• , ' '. ., .. • \.. • . • • . v.. \\ \ \ % ...• i . - . ' ! • _____ '.!!* - . I 0 RAINBIRD T-4 PC T30-13 30' 35 0-120' . • \ \ ''• % \ ,1. % '.*,,• 120* . 1 1 • • i - - .1 • RAINBIRD T-4 PC T30-25 30' 35120-240' \'.., \ \ ••,.: \ \ • . I. , I 2' • RAINBOW T-4 PC T30-50 30' 35 240-360' .„ ‘ *,... 1 i /I 4, II, .! ...•••4 - - --i -- ----,-z=! AP FOR FUTURE 0 RAINBIRD T-I2 PC T30-13 30' 35 0-I 20* • ':•:',.. \., \ ..., '... ..._\;4- .„-...1-!....._...-. \ \ ----- -- -- - - --t- __ ______1 -- ---- • '1 i 444 RAINBIRD T-I2 PC T30-25 30' 35 120-240' %.% ;1.... ...... '. .„.. '.. ' c;J. ..... 11!\ ..4; -70:7.------"'.....!::-•-`,__----'1‘._•• .,il..._‘1,2_0° RAINBIRD T-I2 PC T30-50 30' 35 240-360 ••• , \..:.. \ \ S . - va I 1 ..-1 • ... ::,.. \„. NOTE. USE 6 POP-UP HEADS INSTEAD OF 12"ALONG cuRe AND SIDEWALK .....07._.1, . i ..... 7 7- • . .120:1 1 i (...) '1\'‘'`.., , 0 II. ' " • '''• - --• - ' "1.• "'" •'' '' .'''•.......'.... •. .. •..."m`.-•`.. •. ".''. '.' ' GRAPHIC SCAM \ % - it"-----... . l'-----.., ....____„....--- -F. ' -........25 FT. V,E11..4•40 :tin t. 1 ',.. I / ---.-...--, .--..-."- SCALD 1'-20' • , --%MANG EtptP-1;.;FF'-' \ ....-- ___....------- s, r .;-. 1 ---------. . _.---- THE PLAN 1E1 HALF EIGM AT a TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON DES I CHO 11 TIGARD PARK AND RIDE 4 Ts-wrr AT -Oaill- 41,14„. IRRIGATION PLANI ... \ Maye TRI-MET Tigar r/Reed 313""itinat" 412D r% d Cinema Access Road laroscao Ndrinacoso , 734-035- -5Ali- 503 223-e0S1 („3 Fax 229-0378 ÷ Pacific Highway HO. DATE i BY APPO.\.REV I$IONS liFFIRRY OM WSW I TTECt DAIE: maw APPROVED: DATE: SCALE: DRAW I RC NO, 03111RACT HO.: SHEET__ /...20. r-l=otroo R'PA/IPutiLsr-wiRI IRKArTTAI _ s • . , , IMO A 0 B 0 r 0 D 0 E _ • G F V 1 I �U \ --UGT _u4y—/ —ucT ucr/ ucr ucr— —� > -- — ---- ---- ` /Z , i - )\1 \ fI '/ • 1,_ \ �D'i\ ` a C / C C / C C .-C C i G C 9 C X . , ` z, /A - "�ex,�- ( :V\Si 1 — — , — /( CL ANE STRIPE k - - / II vi RD CINBItl CCESS-RQ -- — 11— -- £STRIPE —k la N 0 "?�g \ 1 - PROPOSED STANDARD CUM 1:�'•■■tI� /_`� I Sr Sr ST '� �st�\ I ` • +P / Au.__ isl�fs��i�iurunr^:.'-Z1 i7M��a��r�p��llf��dotwra.Ii11�. I p ---- / / T ��u 44. • /\ \L\ `\ , I —rte .� 7�- 1- �� $ -T-- ��i.. l NY s . . \ 1 cn \ ) \ _i______/ ' ,' 1 4'" it 1 \ _____.\-\ El T \\ \ \�\ NN �\ C,i(# o \ C l r , .1 , \ I „„ :Fe + I \ OFFICCE I f I \\\\\ 6 20 WIDE 11 a• P C I ` \ BULIDINC I z \ \� \ rrEnNU+o i\\ i I 1, . T I C A R D ' �\\\ \., \\ f\ C\I ` I I 4 (A 1 'I 11 I I r I CINEMAS -, \\\\\ \ g 2T= \ `(‘ 0 i \ I - 1 ��%��\v r1 J L urrA� \ \\ \ \\\ vN � �\ \ II rsTCrw l ' �y r 1�r �' � _ � � swrARY�wERA r \\ \ \\ � 1\\ / /' ------ -- ■c GAS LLE \ \\ \ \ \\ a 1\ \ \ �` 1 / ri I. \ \ \ PPP q I D I—w— WATERLIf r% \ \ \ \\ \ 1 1 \ ` 1 111\\\I I 1,,f,. c •\ ‘\ \ \ \i i \ '—ss— SANTARY SEW'?LIiE CFO \\\\ \\\ \\ \ \\ 1 \ `\;;\` ` 1 ' `, ��� / I m STORY SEWER LIE "c \` \ \` 1 \ : �� 1 !I" r I Pf A,PERTY LI\E \ \ \ N4, „ 1 1 1\ \ \\\\\ \ \\*.\\ \\ \\‘‘\I:1,1. \ TnaEF \ \ \ \ \ g i/ / \'ii VALE �\�\�\ \ \ \ \ \1 `\ N\ \ , .' - 7 ti F HYDRANT r \ \ \ \ \ \\ \ \\ I 1 .. WATER METER p TRAPPED CATCH BASIN \ \\ \ `�' \ I , I { ► I M.. UTILITY POLE • DITCH INLET \ \ \ \ �\ \\ \ I I I I I G NAL 90X AWARD CATCH BASIN , I _ 1 ll f am s � sr \� \ \ I \ \ \ — I T I I 1901 I —cct - UNDER GROUND IELE p STD.MANHOLE \ \\\\ \ \ J \ 1 \ I I I �� o m TELEPHONE PEDESTAL 0 vv. CIEAAlWT \\\\\ \\\\\ \ \ \\ \\ I 2 O P •C , • ^` SIGN ® OUIFALL.PROTECTION \ \\ �.\\ \ \ \ \ , k - • Aiwa!MARK — RETAINING MALL \ \\\ \`\\\\ \ Q \ \ ——— - —— A—I —— —_°s I 0 — ` • — — — — I I \ , f \ /Whir SI/JaaRY \ \\\ \\\ '°' ; 2s Fr. *CLAM BUFFER 1 1 I f \ \�\ 1 I 5 GRAPHIC SCALE PSPJCdS y 9 J�x u \\\`\ I / w DTRr jl I f I 11 — \ \ \ \\ BJ►vireSPJClS !r . �\ \ \ R^f, ' I I I ! _ — r \ \\ \ \ SCALE. I"-7O' TM&SPJCds IX /OOS • \ \\\\ \ G g o N I I I / \\ \ \N —— �� MS PLAN its Ci1E-HAtf SIZE RES+vIaDLnm -- \\ \ \ \\ �'\ Zo'N I\\ L I I I I / \ \ ` — \ \\\\ \\\ , . 1 _ '/173 a TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIGARD PARK AND RIDE DATE Parking Lot Site Plan . ±�. >; TRI-MET OtexED a iff' v� Tigard Cinema Access Rd./ Pacific Hwy. 99 IA DATE 1tY/�APfA REVISIW2 A��TV E DATE SUBMITTED DATES APPROVED. DATE. .-0' • �. ii—. • CU(TWGT IU. LEET Tar 1 DRAWING NI. /IPK.11 T• yp' CT-001 •--••—.-...-.. . .-.�. . •�- • .- •.+ ..-.n r n..won•nv.^ Webber and Associates John D. Webber, M.D., M.H.A. 5452 S.W. 54th Ave. Portland, OR 97221 (503)244-1555 June 13 , 1995 Mr. Will D'Andrea, City of Tigard Planning Department Tigard, Oregon 97223 Re : Tigard Park and Ride, SDR# 95-0007 Dear Mr . D'Andrea, I appreciate the opportunity to address concerns over the Tigard Park and Ride project proposal , adjacent to the joint access road to the Tigard Cinema and Westside Dance Academy. We are troubled over issues of public safety, vehicular access, and parking which surround this proposal . Following conversations, letters and a site visit with the project coordinator, Ms . Kimberly Knox, we are yet to see our concerns addressed in the project proposal design. Mr. Tim Reed of Act III Theatres, responsible for protecting our easement rights on the theatre ' s private access road, is yet to respond to our letter, facsimile, and numerous telephone calls . We further hold that Ms . Knox' letter of June 1, 1995 is non-responsive, as it does not properly characterize their option of their roadway easement to S .W. 72nd Avenue; we believe that this attractive option should be considered during this review. Ms . Knox concurs that this option is worthy of consideration, but implies that such consideration is the responsibility of others . Thank you for your review of this matter. Please call me at 244-1555 if you have any additional questions . Yo rs incerely, 060/ A/4k John D. Webber, MD cc : Kimberly Knox, Tim Reed D • TRI-MET TECHNICAL SERVICES DIVISION 710 N.E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 June 1, 1995 Dr. John Webber, M.D., M.H.A. 5452 SW 54th Avenue Portland OR 97221 Subject: Tigard Park and Ride Dear Dr. Webber: I appreciate the follow-up phone call to discuss your concerns over increased traffic and circulation on the Tigard Cinema access driveway resulting from the construction of the Tigard Park and Ride. Your suggestion of creating a driveway link between the Park and Ride and future development to the east is a good one and is worth proposing to the future developer of that parcel. However, no development has been officially proposed as yet and we will rely upon coordination with the City of Tigard to evaluate opportunities for joint circulation to address your concern. Again, thank you for your comments on this project. Please call me at 239-6716 if you have any additional questions. Sincerel b Kimberly Knox Project Coordinator KK:nl cc: Will D'Andrea, City of Tigard G az4 /1 p e/4 TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON #* Wdotiet ',yid Associates John D. Webber, M.D., M.H.A. 5452 S.W. 54th Ave. Portland, OR 97221 (503)244-1555 June 13, 1995 Mr. Will D'Andrea, City of Tigard Planning Department Tigard, Oregon 97223 Re: Tigard Park and Ride, SDR# 95-0007 Dear Mr. D'Andrea, I appreciate the opportunity to address concerns over the Tigard Park and Ride project proposal, adjacent to the joint access road to the Tigard Cinema and Westside Dance Academy. We are troubled over issues of public safety, vehicular access, and parking which surround this proposal . Following conversations, letters and a site visit with the project coordinator, Ms . Kimberly Knox, we are yet to see our concerns addressed in the project proposal design. Mr. Tim Reed of Act III Theatres, responsible for protecting our easement rights on the theatre' s private access road, is yet to respond to our letter, facsimile, and numerous telephone calls . We further hold that Ms . Knox' letter of June 1, 1995 is non-responsive, as it does not properly characterize their option of their roadway easement to S .W. 72nd Avenue; we believe that this attractive option should be considered during this review. Ms. Knox concurs that this option is worthy of consideration, but implies that such consideration is the responsibility of others . Thank you for your review of this matter. Please call me at 244-1555 if you have any additional questions. Yo rs incerely, ove&A___ John D. Webber, MD cc : Kimberly Knox, Tim Reed • -MET :� � •?r CHNICAL SERVICES DIVISION ' . 710 N.E. HOLLADAY STREET - PORTLAND,OREGON 97232 (503)239-2100 ' FAX(503)239-2280 June 1, 1995 Dr. John Webber, M.D., M.H.A. 5452 SW 54th Avenue Portland OR 97221 Subject: Tigard Park and Ride Dear Dr. Webber: I appreciate the follow-up phone call to discuss your concerns over increased traffic and circulation on t12e Tigard Cinema access driveway resulting from the construction of the Tigard Park and Ride. Your suggestion of creating a driveway link between the Park and Ride and future development to the east is a good one and is worth proposing to the future developer of that parcel. However, no development has been officially proposed as yet and we will rely upon coordination with the City of Tigard to evaluate opportunities for joint circulation to address your concern. Again, thank you for your comments on this project. Please call me at 239-6716 if you have any additional questions. Sincerel • 1 Kimberly Knox Project Coordinator KK:nl cc: Will D'Andrea, City of Tigard �b�..`ISf1DC TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON tre kzt-rtk C)C _ ff/D —11 0,A.) /5S(2ir _ CON57R0 ,x2-1 AL- Of16ZA,C..) 5,er,e". FA/For-4-/Rat..rr pea 707'-'r) RECEIVED PLANNING .DECEIVED PLANNING JUN 0 51995 REQUEST FOR COMMENTS JUN 0 5 1995 CITY,OF'GARD OREGON TO: Dave Scott, Building Official DATE: May 23, 1995 FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0007 TRI-MET ■ A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot ). South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. Attached is the Site Plan 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: Friday -June 2, 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: . 10∎Na1 Phone Number: 3 t' SDR 95-0007 / TRI-MET PARK&RIDE May 23,1995 vP�IN �q� �JP 1711 c(k •7\ ) TUALATIN VALLEY FIRE & RESCUE AND v J� BEAVERTON FIRE DEPARTMENT >iQ MSCJ 4755 S.W. Griffith Drive• P.O. Box 4755 • Beaverton, OR 97076• (503)526-2469• FAX 526-2538 April 30, 1996 Planning Department City of Tigard 13125 S.W. Hall Blvd. Tigard, Oregon 97223 Re: Tigard Park& Ride Pacific Hwy. 96-0454B File Number: 766-96 Gentlemen: This is a Fire and Life Safety Plan Review and is based on the 1991 editions of the Uniform Fire Code (UFC) and those sections of the Uniform Building Code (UBC) and Uniform Mechanical Code (UMC) specifically referencing the fire department, and other local ordinances and regulations. This plan review shall become a part of the approved plans and attached thereto. Plans are approved as drawn. If you have questions or need additional information, please contact me at 526-2469 referring to the above noted file number. Sincerely, erry L. Renfro, DFM Plans Examiner JLR:kw "Working"Smoke Detectors Save Lives REC'iVED PLANNING ,` 251995 ,lb, REQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: Kelly Jennings, Tigard Police Dept. DATE: May 23, 1995 FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0007 TRI-MET • A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot ). South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. Attached is the Site Plan 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: Friday -June 2, 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: / At 2 Z p ff2 SDR 950007 TRI-MET PARK&RIDE May 23,1995 ;ECEIVED PLANNING REQUEST FOR COMMENTS MAY 2 61995 CITY OF TIGARD OREGON TO: Brian Moore, Portland General Electric DATE: May 23, 1995 FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0007 TRI-MET ■ A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot ). South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. Attached is the Site Plan 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: Friday -June 2, 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: lt\ 1"` �� (S-.24-q5 Phone Number: ' Q - SDP 95-0007 V TRI-MET PARK&RIDE May 23. 1995 REQUEST FOR COMMENTS CITY OF TIGARD OREGON TO: Per Attached DATE: May 23, 1995 FROM: Tigard Planning Department STAFF CONTACT: Will D'Andrea (x315) Phone: (503) 639-4171 Fax: (503) 684-7297 RE: SITE DEVELOPMENT REVIEW (SDR) 95-0007 TRI-MET • A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot ). South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. Attached is the Site Plan 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: Friday -June 2, 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 960007 TRI-MET PARK&RIDE May 23. 1995 REQUEST FOR COMMENTS SDK,,1 ooh ICATION LIST FOR LAND USE &DEVELOPMENT Al ■TIONS T�I ^ 7` r l I ,`� CITIZEN INVOLVEMENT TEAMS i (crc!e one} CIT Area: (N) (S) (E) (C) " ?lcced for-eview in Library CIT BOOK " _CPO NO. CITY`DEPARTMENTS Zdding Official/Dave Scott _Police/Kelly Jennings _-----Field Operations/John Acker _42,2y Recorder/Cathy Wheatley �'Agineenng/Michael Anderson _Permits Facilitator/Jerree Gaynor vanced Planning/Carol Landsman �ater Department/Michael Miller L::,:::,:.::::::::.::::;:;::::.......:...::-::::::.:::::'..........., SPECIAL DISTRICTS 4...4 e Marshall '�Jnified Sewerage Agency ,Tualatin Valley Water District Wa. County Fire District SWM Program/Lee Walker PO Box 745 (pick-up box) 155 N. First Street Beaverton,OR 97075 Hillsboro,OR 97124 AFFECTED JURISDICTIONS Wa. Co. Dept. of Land Use&Transportation —Boundary Commission — METRO-GREENSPACES PROGRAM 150 N. First Avenue 800 NE Oregon St. ♦16,Suite 540 Mel Huie (CPA's/ZOA's) Hillsboro,OR 97124 Portland.OR 97232-2109 600 NE Grand Avenue Portland,OR 97232-2736 _Brent Curtis(CPA's) .4 .--St-cite Highway Division _Jim lice(IGA'S) Sam Hunaidi j,..--0150T/Region 1 —Mike Borreson(Engineer) PO Box 25412 Laurie Nicholson/Transportation Panning _Scott King(CPA's) Portland,OR 97225-0412 123 N.W. Flanders Tom Harry(Current Planning App's) Portland.OR 97209-4037 Lynn Bailey(Current Planning App's) _Oregon DLCD(CPA's/ZOA's) 1 175 Court Street,N.E. _Other _City of Beaverton Salem,OR 97310-0590 Jim Hendryx- Principal Planner _City of Portland PO Box 4755 _City of Durham Panning Director Beaverton, OR 97076 City Manager 1120 SW 5th PO Box 23483 Portland,OR 97204 _City of King City Tigard,OR 97281-3483 City Mancger _City of Lake Oswego 15300 SW 116th —City of Tualatin City Manager King City,OR 97224 PO Box 369 PO Box 369 Tualatin,OR 97062 Lake Oswego, CR 97034 LSPECIAL AGENCIES 1 _General Telephone - rtlarrd General Electric —Columoia Cable Engineering Office Brian Moore Craig Eyestone PO Box 23416 14655 SW Cld Scholls Ferry Road 14200 SW Brigadoon Court Tigard,OR 97281-3416 Beaverton,OR 97007 Beaverton,OR 97005 kNW Natural Gas _Metro Area Communications/Jason Hewitt — Tri-Met Transit Development Scott Palmer Twin Ocks Technology Center Kim Knox,Project Planner 220 NW Second Avenue 1815 NW 169th Place 5-6020 710 NE Holladay Street Portland,OR 97209-3991 Beaverton,OR 97006-4886 Portland,OR 97232 —TCI Cablevision of Oregon _US West Communications _Southern Pacific Transportation Co. Linda Peterson Pete Nelson Duane M. Forney.PLS- Project Engineer 3500 SW Bond Street 421 SW Oak Street 800 NW 6th Avenue Room 324,Union Station Portland,OR 97201 Portland,OR 97204 Porticnd,OR 97209 STATE AGENCIES —Aeronautics Division (COOT) —Division of Slate Lands _ ep US Postal Service _Commerce Dept. - M.H. Park —Fish&Wildliife Randy Hammock,Growth Coordinator _PUC —DOGAMI Cedar Mill Station _Deot. of Environ. Quality Portland.OR 97229-9998 { FEDERAL AGENCIES Corps. of E"gg:neers _O her y CITY OF TIGARD OREGON AFFIDAVIT OF MAILING STATE OF OREGON ) County of Washington ) ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say: That I am 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 23rd day of June, 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 23rd day of Tune, 1995 and deposited in the United States Mail on the 23rd day of lune, 1995, postage prepaid. Oil - )/i1 , :1;.--.....A. 4IA d.:Ae,69/--- epared Notice Subscribed and sworn/affirmed before me on the /4 day of `%/AZ , 19f r '''"v OFFICIAL SEAL I/./.(4/ / i( t DIANE M JELDERKS 'di ' Ii ` NOTARY PUBLIC-OREGON NOTA'Y PUBLIC Op REGON ":� COMMISSION NO 046142 MY COMMISSION EXPIRES SEPTEMBER 07.1999 My Commission Exp es: FILE INFO.: SDR 95-0007. NOTICE OF DIRECTOR'S DECISION TRI-MET •- EXHIBIT A CITY OF TIGARD NOTICE OF DECISION SITE DEVELOPMENT REVIEW SDR 95-0007 TRI-MET - OWNER / APPLICANT APPLICATION: A request for Site Development Review approval to allow the construction of a 200 parking space park-and-ride facility, and a bus pullout on SW Pacific Highway. Comprehensive Plan: C-G, (General Commercial) . Zone : C-G, (General Commercial) . Location: (WCTM 1S1 36DB, tax lot 2603) . 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. 1 . The applicant shall submit a traffic report, for approval by the City Engineer, to examine the effects of the proposed traffic onto the private driveway, the traffic signal operation of the existing signal at the intersection with SW Pacific Highway, the left turn requirements for north bound traffic and its relationship to the northerly driveway into the proposed Park & Ride facility, and the need for alternative access to SW 72nd Avenue, either along the future development of Atlanta Street, or by inter-connection to future contiguous parking lot driveways, or by the 24 foot wide easement connecting to SW 72nd Avenue previously approved for this site . 2 . The applicant shall dedicate 25 feet for the future proposed Atlanta Street, contiguous to the existing 25 feet dedicated on the Tigard Cinema property. 3 . An agreement shall be executed by the applicant, on forms provided by the City, which waives the property owner' s right to oppose or remonstrate against a future Local Improvement District formed to improve the future proposed Atlanta Street . STAFF CONTACT: John Hagman, Engineering Department (639- 4171) . 4 . The construction of the private driveways and the storm drain system shall conform to public improvement standards, and be reviewed and approved by the Engineering Department . STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) 5 . A joint use and maintenance agreement shall be executed and recorded on City standard forms for all common driveways . The agreement shall be referenced on and become part of all applicable parcel Deeds . The agreement shall be approved by the Engineering Department prior to recording. STAFF CONTACT: Diane Jelderks, Engineering Department (639- 4171) . 6 . The applicant shall prepare a drainage plan, including hydrology and hydraulic calculations, for review and approval of the Engineering Department, together with the design report for the water quality facility. The report shall demonstrate that the wetland will not be unduly affected by the on-site storm drainage run-off . 7 . The applicant shall provide for on-site water quality treatment, as shown on the site plan, and as required by Unified Sewerage Agency Resolution and Order No. 91-47 . Design calculations shall be in conformance with the general requirements of Surface Water Quality Facilities Technical Guidance Handbook, USA, 1991 . The facility shall be maintained by TRI-MET. 8 . An erosion control plan shall be provided and shall conform to "Erosion Control Plans - Technical Guidance Handbook, November 1989 . " STAFF CONTACT: Greg Berry, Engineering Department (639-4171) . 9 . The applicant shall demonstrate that storm drainage runoff can be discharged into the existing drainageways without significantly impacting properties downstream. STAFF CONTACT: Greg Berry, Engineering Department (639- 4171) . 10 . The applicant shall obtain a permit from the State of Oregon Highway Division, to perform work within the right-of-way of SW Pacific Highway. The bus pullout lane design should include provisions for the possible future widening of SW Pacific Highway. A copy of the permit shall be provided to the City Engineering Department prior to issuance of a building permit for the site work. STAFF CONTACT: Michael Anderson, Engineering Department (639-4171) . 11 . Documentation shall be submitted which shows tax lot 2603 has access rights to utilize the private access road. Should such access be denied, a revised site plan shall be submitted which provides the required access to SW 72nd Avenue. As an alternative, a revised plan may be submitted which provides for 100 parking spaces which utilizes the existing 25 foot access easement across tax lot 2600 . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 2 12 . Evidence of a legally recorded minimum 15 foot wide access easement to a public street . 13 . 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. Impervious surface / landscape calculation. Minimum landscaping is 15 percent of the site. b. Access drive to SW 72nd Avenue. c . Parking lot connection with future adjoining development, should the traffic report conclude the driveway is not needed at this time. 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. THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO THE ISSUANCE OF OCCUPANCY PERMITS : 14 . All site improvements shall be installed as approved per the revised site plan. THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN MONTHS OF THE DATE OF THE FINAL DECISION. SECTION II . FINDINGS OF FACT 1 . Background: In September 1993 , a lot line adjustment (MIS 93-0014) was approved for tax lots 2600 and 2602 . That lot line adjustment has not been recorded. A Site Development Review application (SDR 93-0020) was approved in 1993 for the development of a miniature golf course. No subsequent land use applications have been filed with the City for this site . 2 . Vicinity Information: NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 3 The site is bounded by SW 72nd Avenue to the east, Pacific Highway to the north and an Act 3 Theater private drive to the south and east . The surrounding properties are zoned C- G (General Commercial) and are developed with a movie theater, dance studio/gymnastic center, restaurant, appliance store, tire store and single family home . 3 . Site Information and Proposal Description: The 2 . 2 acre site is undeveloped. The site slopes from north to south and drops approximately 20 feet over the site. Redrock Creek borders the southern property boundary. The northern portion of the property has been filled and there is an abrupt drop of 4-8 feet across the property from east to west . The vegetation on the site is a non-native (hay) grass community. The applicant requests approval to construct a 200 parking space park-and-ride facility and a bus pullout on SW Pacific Highway. 4 . Agency Comments : The Tualatin Valley Water District has reviewed this proposal and has offered the following comments : See red-marked drawings with our suggested waterline installation. Tualatin Valley Water District needs an easement for maintenance of waterline in private street . General Telephone and Electronics has reviewed this proposal and has offered the following comments : Developer to place conduit for telephone service to GTE specifications . The City of Tigard Maintenance Services Department, City of Tigard Building Division, City of Tigard Police Department, Tualatin Valley Fire District, Unified Sewerage Agency, Portland General Electric, has reviewed this application and have offered no comments or objections . No other comments have been received. SECTION III . ANALYSIS AND CONCLUSION A. COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS : Use Classification: The applicant is proposing to build a park and ride facility. A park & ride is classified in Code Section 18 .42 (Use Classifications) as Parking Facilities. Code Section 18 . 62 . 030 allows Parking Facilities as a permitted use in the C-G zoning district . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 4 Minimum Lot Area : Section 18 . 62 . 050 states that there is no minimum lot area for parcels in the C-G zoning district . The site has an average lot width of approximately 240 feet, thereby exceeding the required 50 foot average minimum lot width. Developments within the C-G zone are required to provide a minimum of 15% landscaping. The applicant shall submit impervious surface calculations to show compliance with the impervious surface requirements of this zone . Setbacks : Section 18 . 62 . 050 states that no setbacks are required except that 20 feet shall be required where the C-G zone abuts a residential district . This site does not abut a residential zoning district, therefore there are no applicable setback standards . Section 18 . 120 . 180 (A) (1) (Site Development Review - Approval Standards) requires that a development proposal be found to be consistent with the various standards of the Community Development Code . The applicable criteria in this case are chapters 18 . 100, 18 . 102 , 18 . 106, 18 . 108 , 18 . 114 , 18 . 120 , 18 . 150 , and 18 . 164 . The proposal' s consistency with these Code Chapters is reviewed in the following sections . The proposal contains no elements related to the provisions of Code Chapters 18 . 84 (Sensitive Lands) , 18 . 92 (Density Computations) , 18 . 94 (Manufactured/ Mobile Home Regulations) , 18 . 98 (Building Height Limitations : Exceptions) , or 18 . 144 (Accessory Use and Structures) which are also listed under section 18 . 120 . 180 .A. 1 . These Chapters are therefore found to be inapplicable as approval standards . Code section 18 . 120 . 180 .A. 2 provides other Site Development Review approval standards not necessarily covered by the provisions of the previously listed sections . These other standards are addressed immediately below. The proposal contains no elements related to the provisions of 18 . 120 . 180 . 3 (Exterior Elevations) , 18 . 120 . 180 . 6 (Private Outdoor Areas : Residential Use) , 18 . 120 . 180 . 7 (Shared Outdoor Recreation Areas : Residential Use) , 18 . 120 . 180 . 8 (Sensitive Lands) , 18 . 120 . 180 . 9 (Demarcation of Spaces) , and are therefore found to be inapplicable as approval standards . Relationship to the Natural and Physical Environment : Section 18 . 120 . 180 . 2 states that buildings shall be located to preserve existing trees, topography, and natural drainage and that trees having a six inch caliper or greater shall be preserved or replaced by new plantings of equal character. This proposal does not include the construction of buildings . The plan does provide for preservation of an NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 5 existing 30 inch oak tree and wetland area, thereby satisfying this criteria. Buffering, Screening and Compatibility between adjoining uses : Section 18 . 120 . 108 .4 (A) states that buffering shall be provided between different types of land uses . The proposed park-and-ride is surrounded by commercial uses which do not require buffering in accordance with the Buffer Matrix. Privacy and Noise : Section 18 . 102 . 108 . 5 requires that buildings be oriented in a manner which protects private spaces on adjoining properties from view and noise and provides a buffer from uses which create noise, lights or glare . This criteria is not applicable as a building is not being proposed with this development . Crime Prevention and Safety: Section 18 . 102 . 108 . 10 requires that exterior lighting levels be selected and the angles shall be oriented towards areas vulnerable to crime and shall be placed in areas having heavy pedestrian or vehicular traffic. An exterior lighting plan has been submitted for review and approval . The Tigard Police Department has approved the proposed lighting plan. 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) . The preliminary landscape plan shows the provision of 5 London Plane trees, 4 inch caliper, to be spaced approximately 40 feet apart, satisfying this requirement . Screening: Special Provisions : Section 18 . 100 . 110 (A) requires the screening of parking and loading areas. Landscaped parking areas shall include special design features which effectively screen the parking lot areas from view. Planting materials to be installed should achieve a relative balance between low lying and vertical shrubbery and trees . Trees shall be planted in landscaped islands in all parking areas, and shall be equally distributed on the basis of one tree for each seven parking spaces in order to provide a canopy effect . The minimum dimension on the landscape islands shall be three feet and the landscaping NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 6 shall be protected from vehicular damage by some form of wheel guard or curb. As indicated on the site plan, the applicant has provided screening of the parking lot and parking lot trees in accordance with this section. 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 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 shall be satisfied. The Americans with Disabilities Act (ADA) , which became effective on January 26, 1992, requires 6 disabled parking spaces if 151 to 200 parking spaces are provided. This site provides 200 parking spaces, thereby requiring 6 disabled parking spaces . The proposed site plan shows the provision of 7 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 . Thirteen bicycle parking spaces will be required for this development . The site plan indicates the provision of a 15 space bicycle rack, thereby satisfying this criteria. Access : Section 18 . 108 . 080 requires that commercial and industrial uses which require more than 100 parking spaces provide two accesses with a minimum access width of 30 feet and a minimum pavement width of 24 feet or one access with a width of 50 feet and 40 feet of pavement . Curbs are required as well as a five foot sidewalk. The plan shows the provision of two access drives onto the Tigard Cinemas private access road. Both drives are shown with a pavement width of 24 feet . The applicant shall be required to obtain an access easement, and joint use and maintenance agreement, to use the private road. If access easements cannot be obtained, the applicant shall provide the required access to SW 72nd Avenue . If access onto SW 72nd Avenue cannot be NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 7 obtained the application will be denied. The property has a 25 foot access easement across lot 2600 to SW 72nd Avenue, however this width is inadequate to serve this proposal . The 25 foot easement would support 100 parking spaces under City standards . A revised site plan may be submitted which provides only 100 parking spaces. The purpose of these access standards is to establish standards and regulations for safe and efficient vehicle access and egress on a site and for general circulation within the site. While a narrow scope of review could conclude that this site has the minimum required two access points onto a private street, staff concludes that the scope of review should be expanded to include all of the uses which utilize this private street . Given the fact that the proposed park-and-ride will exit onto a required driveway for adjoining uses, it is necessary to examine how this private access road functions. This access road currently carries traffic generated by the Tigard Act III theaters and a dance/gymnastics studio, in addition to the proposed park- and-ride . The City has long been aware of traffic congestion on this road and at the intersection with SW Pacific Highway. To lessen the impact of the park-and-ride on the existing road, the site plan shall be revised to provide an accessway onto SW 72nd Avenue, utilizing the easement granted to this lot . Alternatively, the applicant may demonstrate in the traffic report that the existing road is adequate to accommodate the proposed use and that a drive to SW 72nd Avenue is not necessary to relieve the increase in traffic generated by this proposal . This report shall address the capacity of the existing road and service level of the intersection. Coordination of Access : Section 18 . 108 . 110 (A) states that in order to provide for increased traffic movements on congested streets and to eliminate turning movement problems, the Director may restrict the location of driveways on streets and require the location of driveways be placed on adjacent streets, upon findings that the proposed access would: 1) Cause or increase existing hazardous traffic conditions; or 2) Provide inadequate access for emergency vehicles; or 3) Cause hazardous conditions to exist which would constitute a clear and present danger to the public, health, safety, and general welfare . This criteria shall be satisfied as the applicant shall revise the plan to provide a driveway to SW 72nd Avenue or demonstrate in a traffic study that the existing access road is adequate to accommodate the additional traffic created by this proposal. NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 8 Section 18 . 108 . 110 (B) states that in order to eliminate the need to use public streets for movements between commercial properties, parking areas shall be designed to connect with parking areas on adjacent properties unless not feasible . The Director shall require access easements between properties where necessary to provide for parking area connections . This criteria shall be satisfied as the applicant has been required to provide a drive to SW 72nd Avenue. Future development on the adjoining lot will be designed to accommodate this accessway. In the event that the traffic report finds that this driveway is not warranted, then the plan shall be revised to allow for connection of the parking lot with future adjoining development . Walkways : Section 18 . 108 . 050 states that unless impractical, walkways should be constructed between a new development and neighboring developments. 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 obstructions such as mailboxes, benches, bicycle racks, and sign posts, and shall be in compliance with ADA standards. The preliminary plan shows the provision of a walkway connection along the northern property line which will provide for a connection with future development on the adjoining property, thereby satisfying this requirement . Signs : Section 18 . 114 . 130 (C) lists the type of allowable signs and sign area permitted in the C-G zone. All signs shall conform to the provisions listed in this code section. All signs shall be approved through the Sign Permit process as administered by the Planning Division. 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: NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 9 The previous project approved in 1994 for this site was a proposed miniature golf course which included an access along a 24 ft wide private driveway connecting to SW 72nd Avenue, parallel to and north of the Red Rock Creek that separates this site from the Tigard Cinema site. A traffic report, prepared by Keech Associates, Inc . dated January 17, 1994, was submitted with the golf course proposal and approved for that development . In earlier meetings with the Tri-Met representatives, it was expected that a traffic report would be prepared to address the concerns of ODOT with respect to the increased traffic using the private driveway that serves the Tigard Cinema and the signalized intersection of this private driveway connection to SW Pacific Highway. The applicant indicates that they are negotiating for access rights to this private driveway. A joint access and maintenance agreement should be provided as a part of the final project submittal . In May, 1994, changes to the regulations pertaining to access, egress and circulation were adopted by the City Council by Ordinance 94-07, and Section 18 . 108 . 110 of the CDC requires that connections between parking lots in commercial areas should be designed to provide an alternative to the use of public streets for movements between contiguous commercial properties. It is recommended that a traffic report be prepared and submitted to the City that addresses the effects of the traffic utilizing the proposed parking lot with respect to the adjacent private and public street intersections and the need for connectivity, prior to submission of final plans. In addition, the report should analyze the relationship of the northbound left turn lane requirements exiting onto SW Pacific Highway with respect to the northerly driveway entrance into the proposed Park & Ride facility. 2 . STREETS: The site is located southerly of SW Pacific Highway with easement access proposed onto the existing private driveway connecting to the Tigard Cinema. SW Pacific Highway is a State highway and is classified as an arterial on the Comprehensive Plan. Also on the Comprehensive Plan is a notation (#5) that requires a study for a new roadway inter- connection between SW Dartmouth Street and SW 72nd Avenue, along the Red Rock Creek. In response, the Tigard Cinema development dedicated 25 feet along their northerly property line as a future public road (ref; SDR 87-12) , which would be an extension of Atlanta Street . NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 10 • To comply with the Comprehensive Plan, the applicant shall also be required to dedicate a 25 foot strip for the proposed Atlanta Street, contiguous to the above-mentioned 25 foot strip. As an alternative means of access, the 24 foot wide easement that previously provided access to SW 72nd Avenue for this site could be utilized, and should be a consideration in the site access analysis of the traffic report . In the event of the formation of a future LID to improve the future Atlanta Street, the applicant should be required to sign an agreement of non-remonstrance . The proposed plan also includes the widening of a portion of SW Pacific Highway to provide a bus pullout lane. The City Council recently authorized the preparation of a traffic study pertaining to the proposed development of the "Tigard Triangle" which was submitted on May 15, 1995, by DKS Associates . The report indicates that SW Pacific Highway may require widening in the future, and the applicant should include provisions in the design and construction of the bus pullout that provide for the possible widening of SW Pacific Highway to seven (7) lanes. 3 . SANITARY SEWER: The site currently has a 10 inch public sanitary sewer line located in an easement adjacent to and parallel with the Red Rock Creek. The sewer has sufficient capacity for this development and no additional public improvements are required. 4 . STORM SEWER: The site slopes in a southerly direction towards Red Rock Creek through a wetland that is adjacent to the creek. The wetlands delineation was made by IES Associates in a report dated June 7, 1993 . The wetlands report recommended protection by means of a buffer and the site plan shows a minimum 25 foot buffer between the proposed parking lot and the wetland. The stormwater run-off from the proposed parking lot is shown on the preliminary site plan draining to swales adjacent to the buffer. The final drainage plan should examine the need for sheet flow into the buffer area. As indicated in the wetlands report, the wetland is dependent upon the surface water flows from the north and this flow should be perpetuated to maintain the integrity of the wetland. NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 11 The proposed site plan also shows the extension of the existing storm drain system that emanates from SW Pacific Highway, over to the Red Rock Creek. The final design for the drainage plan should include a hydrology and hydraulic report of the proposed drainage system that demonstrates compliance with both the water quality and quantity standards of the Unified Sewerage Agency. The applicant should submit plans for the new storm drain system in accordance with public improvement standards for review and approval by the Engineering Department . 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. As noted above, the applicant is proposing on-site water quality facility and it should be privately maintained. FINDINGS AND CONCLUSIONS - Minor Land Partition Section 18 . 162 . 040 contains the following general approval criteria for a Minor Land Partition: 1 . The proposal conforms with the City' s Comprehensive Plan; 2 . The proposed partition complies with all statutory and ordinance requirements and regulations; 3 . Adequate public facilities are available to serve the proposal; 4 . All proposed lots conform to the size and dimensional requirements of this title; and 5 . All proposed improvements meet City and applicable agency standards (Ord. 89-06; Ord. 83- 52) . The proposal conforms with the City' s comprehensive plan in that the newly created lot will continue to allow for commercial development . This proposal therefore is not in conflict with the General Commercial Comprehensive Plan designation. This proposed partition complies with all statutory and ordinance requirements and regulations as demonstrated both by the analysis presented within this administrative decision and by this application and review NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 12 process . Adequate public facilities are available to serve the proposal . Section 18 . 162 . 050 contains the following special provisions for lots created through the Partition Process : A. Lot Width: The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district . B. Lot Area: The lot area shall be as required by the applicable zoning district . In the case of a flag lot, the accessway may not be included in the lot area calculation. C. Lot Frontage: Each lot created through the partition process shall front a public right-of- way by at least 15 feet or have a legally recorded minimum 15 foot wide access easement . D. Setbacks : Setbacks shall be as required by the applicable zoning district . E. Front Yard Determination for Flag Lot : When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet . Structures shall generally be located so as to maximize separation from existing structures . F. Screening on Flag Lots : A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18 . 100 . 080 and 18 . 100 . 090 . Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development . G. Fire Protection: The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire fighting capabilities . H. Reciprocal Easements : Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 13 I . Accessway: Any accessway shall comply with the standards set forth in Chapter 18 . 108, Access, Egress, and Circulation. J. Where landfill and/or development is allowed within or adjacent to the one-hundred-year floodplain, the City shall require the dedication of sufficient open land area for greenway adjoining and within the floodplain. This area shall include portions at a suitable elevation for the construction of a pedestrian/bicycle pathway with the floodplain in accordance with the adopted pedestrian/bicycle pathway plan. For the purposes of this review, tax lots 2600 and 2602 shall be referenced as parcels 1 and 2 . The lot created for the park-and-ride shall be referenced as parcel 3 . Criteria A is satisfied as there is no minimum lot area requirement in the C-G zone . Criteria B is satisfied as the lot widths are approximately 260, 140, and 250 feet respectively, thereby exceeding the 50 foot minimum lot width. Criteria C shall be satisfied for parcel 3 as the applicant shall provide evidence of a legally recorded minimum 15 foot wide access easement to a public right-of-way. (*C*) Criteria D is satisfied as there are no setbacks applicable to parcel 3 . Criteria E, F and J are not applicable as these lots are not flag lots nor within are they within the floodplain. Fire hydrants shall be consistent with Uniform Fire Code standards thereby satisfying Criteria G. Criteria H shall be satisfied as the applicant shall submit evidence of a reciprocal access easement for parcel 3 . Criteria H is not applicable to lot 2 as it does not require a shared driveway. Criteria I shall be satisfied if the applicant can submit evidence of access easements to use the private driveway, as shown on the preliminary plan. Should access to this driveway be denied, the applicant will be required to provide two accessways (30 foot width) or one access (50 foot width) onto SW 72nd Avenue. Should neither alternative be possible, Criteria I would not be satisfied and the partition will be denied. Access requirements on parcel 1 shall be reviewed when it is built upon. SECTION V. PROCEDURE NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 14 1 . Notice: Notice was published in the newspaper, posted at City Hall and mailed to: XX The applicant and owners 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 Tuesday, July 12, 1995 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. 7/11/95 . 4 . Questions : 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 aii 061 e_ 6/23/95 PREPARED BY: William D'Andrea DATE Assistant Planner (laAck7 :—IefALreA# „.,i 1 6/23/95 APPROVED BY: Richard Bew: =dorff DATE Senior Planner NOTICE OF DECISION SDR 95 - 0007 TRI-MET PAGE 15 PRUCE ST 1 J - i I , . JIM 1 >- A, I p��J 41 46 • =I , L___________---- .. N 7 a _ __. w C..1 z I . - I 4 04 E ,T % Q j J AA) til 0 111P4iitlik ; ! J l < - z _ N N 1 _ 1- -c---- elilm< l ST LL w 0 L , I- ■ T v diii„, . - , ., � DgRrMOUr N sr VICINITY EXHIBIT MAP CASE: SDR 95- 0007 0 MIS 95- 0011 TRIMET NORTH Scale 1-.400" FEET 0 400 800 M.\GISDAT\TIGCOV\NELSDWG\SXN13 3/13/95 SDR 95-0007/MIS 95-0011 TRI-MET (Page 1 of 1) 031111Virt 1S136DC-00500 1S136DB-00700 TOM MOYER THEATRES ACKERLY COMMUNICATIONS OF THE : 703 BROADWAY SUITE 605 NORTHWEST, INC VANCOUVER WA 98660 3601 6TH AVE S SEATTLE WA 98134 1S136DB-02400 1S136DB-02500 CHAMPION, RONALD V AND PIERCE, GRACE AND -- ROBERTA E KESSLER, JULES E 11642 SW PACIFIC HIGHWAY TACO BELL #1091 F TIGARD OR 97223 17901 VON KARMAN IRVINE CA 92714 1S136DB-02501 1S136DB-02502 . . . . . . . . . . . . . WEBBER, JOHN & CARLA PIERCE, GILBERT E 5452 SW 54TH AVE BY SUBWAY TIGARD INC PORTLAND OR 97221 4840 SW SCHOLLS FERRY RD PORTLAND OR 97225 1S136DB-02600 1S136DB-02601 STEWART, PHYLLIS T AND ALPROP CO STEWART TRUST 6149 SW SHATTUCK RD 621 SW ENGLEWOOD DR PORTLAND OR 97221 LAKE OSWEGO OR 97034 1 S 13 6 D B-0 2 6 0 2 1S136DB-02603 STEWART, PHYLLIS AND TRI-COUNTY METROPOLITAN TRANSPORTATION STEWART, DONATA AND DISTRICT OF' OREGON - KIM KNOX COHEN, NATHAN TRUSTEES 4012 SE 17TH AVENUE 621 SW ENGLEWOOD DR PORTLAND OR 97202 LAKE OSWEGO OR 97034 JOHN WEBBER KIM KNOX 5452 SW 54TH TRI-MET PORTLAND OR 97221 710 NE HOLLADAY STREET PORTLAND OR 97232 SITE DEVELOPMENT REVIEW(SDR)95-0007 TRI-MET The Director has approved, subject to conditions, a request for Site Development Review approval to allow construction of a 220 space park and ride facility.LOCATION: S.W.Pacific Highway(WCTM 1S1 36DB, tax lot 2603).South of S.W.Pacific Highway,west of S.W.72nd Avenue and north of the Tigard Cinemas.ZONE:CO- (General Commercial)The General Commercial zone allows public agency and administrative ser- vices,public support facilities,professional and administrative services, financial,insurance,and real estate services,business support services, general retail sales,eating and drinking establishments,among other uses. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. 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 July 11, 1995. Any party to the decision may appeal this decision in accordance with Section 18.32.290(A)and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent.The deadline for filing of an appeal is 3:30 P.M.,July 11. 1995. TT8242—Publish June 22,1995. .rti fl �G 9661 g Z Nflr 03A13D3b Zi7ZB Z L eai1oN le6ei uo6eio Jo; 3! d tieIoN 6T 'aunr go Aep lIAVOIddV :sapdx3 uo!SSIWWO0 Alp u Z z s!y; ew eJ q o; UJOMS pus pequosgns S661 ' ZZ aunr :senss! 6u!M011o; ay; u! anl;noesuoo pus eA!sseoons ;GNU Jo; JededsMeu p!es ;o anss! aJ!we ay1 u! pegs!lgnd seM 'pexeuus oieioq s! 4o!4M jo Adoo pa;uud e 48W—T11L L000—S6 ?K IS eq 1e4; 'a;�e;s pu A;unoo P!eSeJo;e a4; u! psaebT,L ;e pegs!Ignd 'OZO'E6t pus 01.(Y£61. SEO u! peu!;ap s uo!ielnoi!o leieue6 jo JededsMeu e sauiT uzq.ejeny—paubz,I,e4; ;o 'valo led!ouud s!4 Jo 'io;oa.aa u!s!;JeApy 94; we I ;s4; Ass pus asodap 'woMS Alnp ;Si!; 6u!eq iepAug At1W�}i ssl NOIDNIHSvM 3O A1Nf1O0 ( 'NO038O 3O 31V1S NOIld01l8ld JO 11AVCBJAV • ;lneP!;;y a;eo!Idna o • ao!;oN ;oegsjeal ❑ • Azae,L-eTcleAed s;un000\• 66T8-£ZZL6 uoba.zo' p.zebTJ• 'PATS TTeH MS SZT£T piebTI go AgTD, 6uisllianpy eoRoN 1e6e1 SLOL6 NOD3130'N011:13AV39 09E0-V99(EOM 3NOHd OLE X09 '0'd 'ONI `SH3dVdSM3N AIINf1WWOO - FAX TRANSMITTAL - I- _CE UNDER CITY OF TIGAR,.. LOGO DATE:June 16, 1995 TO: Sue Curran, Legals (fax) 620-3433 FROM: Patricia Lunsford, City of Tigard (Ph.) 639-4171 SITE DEVELOPMENT REVIEW(SDR)95-0007 TRI-MET• The Director has approved,subject to conditions,a request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway(WCTM 1S1 36DB,tax lot 2603). South of SW Pacific Highway,west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. I ! 1 ( IIIIIIIIJI I 1 71111 -1 III _ i I Iii A .., .1111 °,0 - 1.IIIIII III Mil MB lim NMI M. 41 mom li z - . 1 '''- _.,4 1 1 1 H $Ii 4A Ili �r ir • !PdN: • 1 I �� n I ,---^ • I-; I I i I li WI ! -1 The adopted finding of facts, decision, and statement of conditions can be obtained from the Planning Department,Tigard Civic Center, 13125 SW Hall Boulevard, Tigard, Oregon 97223. The decision shall be final on July 11, 1995. Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 18.32.370 of the Community Development Code, which provides that a written appeal may be filed within 10 days after notice is given and sent. The deadline for filing of an appeal is 3:30 PM July 11, 1995. TT PUBLISH DATE: June 22, 1995 SDR 95-0007 TRI-MET PARK&RIDE May 23,1996 CITY OF TIGARD, OREGON SITE DEVELOPMENT REVIEW APPLICATION CITY OF TIGARD, 13125 SW Hall, PO Box 23397 Tigard, Oregon 97223 - (503) 639-4171 FOR STAFF USE ONLY CASE NO. 9�? /,16cr ,J OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDRESS/LOCATION Immediately north of (A) Application form (1) Tigard Cinemas adjacent to the theatre acctss (B) Owner' s signature/written drivewayy.� TAX MAP AND TAX LOT NO. 1S1 36DB, 02603 authorization ____(C) Title transfer instrument (1) SITE SIZE 2 . 16 acres (D) Assessor's- map (1) PROPERTY OWNER/DEED HOLDER* Tri-Met (E) Plot plan (pre-app checklist)' ADDRESS 4012 SE 17th Ave PHONE 239-6716 (F) Applicant's statement , CITY Portland OR ZIP 97202 (pre-app checklist) \_PPLICANT* Kim Knox, Tri-Met (G) List of property owners and ADDRESS 710 NE Holladay St PHONE 239-6716 addresses within 250 feet (1) CITY Portland OR ZIP 97230 (H) Filing fee ($ ) *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 220 space park and ride lot Approval Date: Final Approval Date: Planning Engineering 0524P/13P Rev'd 5/87 3. List any variance, conditional use, sensitive lands, or other land use actions to be considered as part of this application: lot line adjustment • 4. Applicants: To have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. 5. THE APPLICANT(S) SHALL CERTIFY THAT: A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. D. The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. DATED this vo day of P101 19 itc SIGNATURFS of each owner (eg. husband and wife) of the subject property. • 1 e. d r • et (KSL:pm/0524P) S PROPOSAL DESCRIPTION CITY OF TIGARD OREGON FILE NO: SITE DEVELOPMENT REVIEW (SDR) 95-0007 FILE TITLE: TRI-MET APPLICANT: Tri-Met, Kim Knox OWNER: Same 710 NE Holladay Street Portland, OR 97232 (503) 239-6716 REQUEST: A request for Site Development Review approval to allow construction of a 220 space park and ride facility. LOCATION: SW Pacific Highway (WCTM 1S1 36DB, tax lot South of SW Pacific Highway, west of SW 72nd Avenue and north of the Tigard Cinemas. ZONE: C-G (General Commercial) The General Commercial zone allows Public agency and administrative services, public support facilities, professional and administrative services, financial, insurance, and real estate services, business support services, general retail sales, eating and drinking establishments, among other uses. APPLICABLE REVIEW CRITERIA:Community Development Code Chapters 18.62, 18.100, 18.102, 18.106, 18.108, 18.114, 18.120 and 18.164. CIT: East CIT FACILITATOR: List Available Upon Request PHONE NUMBER: (503) DECISION MAKING BODY X STAFF DECISION PLANNING COMMISSION DATE OF HEARING: TIME: 7:30 HEARINGS OFFICER DATE OF HEARING: TIME: 7:00 CITY COUNCIL DATE OF HEARING: TIME: 7:30 RELATIVE COMPONENTS AVAILABLE FOR VIEWING IN THE PLANNING DIVISION X VICINITY MAP LANDSCAPING PLAN X NARRATIVE X ARCHITECTURAL PLAN SITE PLAN X OTHER: X GRADING PLAN STAFF CONTACT: Will D'Andrea (503) 639-4171 x315 SDR 95-0007 TRI-MET PARK&RIDE May 23, 1995 44 April 26 , 1995 �" ^� CITY OF TIGARD Kim Knox OREGON Project Manager Tri-Met Transit Development Dept . 710 NE Holladay Street Portland, OR 97232 Re : Notice of Incomplete Submittal Dear Kim, The Planning Division has conducted a preliminary review of SDR #95-0007, an application to construct a park & ride facility, and have found that additional information will be required to review the application. A copy of a Title Report shall be required to identify the existing property boundary and provide a history of property line adjustments on the property. The City needs verification of the existing property boundary in order to process this application. The tax map submitted in attachment 9 indicates three lots (2600, 2602 and 2603) whereas there should only be a total of two lots . Somehow a third lot (2603) was created without approval by the City of Tigard. In an effort to clarify the property boundary situation, a copy of a Title Report shall be submitted. Upon review of this report a determination can be made as to the appropriate land use action required to accommodate this proposal . If you have any questions concerning this information please feel free to contact me at 639-4171 . Sincerely, ‘ /_,,&( Will D'Andrea Assistant Planner 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 J TICOR TITLE INSURANCE RECEIVE=D 1629 SW SALMON PORTLAND, OREGON 97205 MAY 1 21995 (503) 224-0550 COMMUNITY DEVELUNIuitiii May 11, 1995 PHYLLIS CLARK- TM-MET 710 NE HOLIDAY PORTLAND OR 97232 RE: Report No. W619871-RH Phyllis Stewart Trust to Trimet 11590 S.W. Pacific Hwy Tigard, Oregon An order for title insurance has been opened under our File No. W619871. If you have any questions regarding the status of the above referenced transaction please contact the title or escrow officer as referenced in the enclosed report. The preliminary title report discloses the current status of record title and other requirements for the issuance of a title policy. Some of the numbered "exceptions to title" may be removed in the process of closing this transaction and will be deleted from the final policy. Charges in connection with the issuance of our title policy will be due upon closing of the transaction referenced above. Thank you for the opportunity to provide you with title services. We appreciate your business. Copies of this report have also been sent to. DEAN PHILLIPS / TRI-MET GREG MOWE - STOEL RIVES AND BOLEY JON DESKTN - TRl-MET JOE WALSH- TRI-MET TICOR TITLE INSURANCE PRELIMINARY REPORT #W619871-RH SUPPLEMENTAL NO. 1 Re: Phyllis Stewart Trust to Trimet 11590 S.W. Pacific Hwy Tigard, Oregon CONNIE E LINDSLEY - 242-1210 TICOR TITLE INSURANCE COMPANY 1000 SW BROADWAY, STE 1555 • PORTLAND OR 97205 ******* Questions concerning the closing of this transaction should be directed to your Escrow Officer, CONNIE E LINDSLEY, at 242-1210. *****xK We are prepared to issue title insurance policy(ies) in the usual form as follows: Proposed Policy and Liability: ALTA Standard Owner's: S 873,000.00 Prern. $ 1,909.50 Lien Search Fee/Government Service Charge: $20.00 Per Tax Lot Our title insurance policy(ies) will insure title to the land described as follows: SEE 'LEGAL DESCRIPTION' ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. Vestee: PHYLLIS T. STEWART, an undivided 5/8 interest, PHYLLIS STEWART, DONATA STEWART and NATHAN COHEN co-trustccs, of THE STEWART TRUST established under The Last Will and Testament of Samuel B. Stewart, dated October 7, 1984, an undivided 3/8 interest, as tenants in common, as to Parcels 1 and 2; TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, as to Parcels 3 and 4 Dated as of May 2, 1995 at 8:00 a.m. Subject to the exceptions, exclusions, conditions and stipulations which are part of said policy, and to exceptions as shown herein. c TIT'. I = l3 •r' E TI •obi ami ton, error"itle Officer BOB/set TICOR TITLE INSURANCE Report No. W619871 Schedule B of the policy(ies) to be issued will contain the following general and special exceptions unless removed prior to issuance: GENERAL EXCEPTIONS 1. a. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Is. Proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. a. Easements, liens, encumbrances, interests or claims thereof which are not shown by any public records. b. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession hereof. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 4. a. Unpatented mining claims; h. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; c. Water rights, claims or title to water; whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 5. Any lien or right to a lien, for services, labor or materials heretofore or hereafter furnished, imposed by law and not shown by the public records. SPECIAL EXCEPTIONS NOTE: 1994-95 taxes $12,785.27; paid. Tax Acct. No. 285202 1S1 36DB-02600, Code 023.81 Affects: Parcel l NOTE: 1994-95 taxes $4,958.47; paid. Tax Acct. No. 285220 1S1 36DB-02602, Code 023.81 Affects: Parcel 2 NOTE: 1994-95 taxes None; paid Tax Acct. No. 2045221 1 S 1 36DB-02603, Code 023.81 Affects: Parcels 3 and 4 6. Tigard City liens, if any affecting said premises. WE HAVE REQUESTED A SEARCH AND WILL ADVISE If ANY UNPAID LIENS ARE DISCLOSED. 7. The premises herein described are subject to the easements and the statutory powers, including the power of assessment, of The Unified Sewerage Agency of Washington County, a municipal corporation. (No unpaid assessments as of the date hereof.) 8. Any adverse claim based upon the assertion that: Said land or any part thereof is now or at any time has been below the ordinary high water mark of the unnamed creek. Some portion of said land has been created by artificial means or has accreted to such portion 2 CONTINUED • TICOR TITLE INSURANCE Report No. W61987I so created. Some portion of said land has been brought within the boundaries thereof by an avulsive movement of the unnamed creek or has been formed by an accretion to any such portion. 9. Rights of the public in and to that portion lying within streets, roads and highways. 10. Easement, including the terms and provisions thereof, From: Henry & Ellen Leoda Metzentine, husband and wife To: Samuel B. Stewart and Phyllis T. Stewart, husband and wife Recorded: October 11, 1968 Book: 720 Page: 525-528 Records of Washington County, Oregon. For: 15 feet Affects: Southern portion of Parcels 1. and 4 11. Lease, including the terms and provisions thereof, From: Diagnostic Centers, Inc., lessor To: The Firestone Tire & Rubber Company, lessee Dated: September 15, 1970 Recorded: November 13, 1970 • Book: 798 Page: 374 Records of Washington County, Oregon. Affects: Parcels 2 and 3 Assignment of Lease(s), including the terms and provisions thereof, From: Frank J. Healy, Corporation Commissioner To: Phyllis Stewart Dated: October 31, 1980 • Recorded: November 18, 1980 Fee: 80041905 Records of Washington County, Oregon. ! 12. Easement, including the terms and provisions thereof, From: Phyllis Stewart and the Stewart Trust (Phyllis Stewart, Donata Stewart and Nathan Cohen) To: City of Tigard Recorded: October 14, 1987 Fee: 87052052 Records of Washington County, Oregon. Affects: Southern portion of Parcels l i and 4 13. Easement, including the terms and provisions thereof, From: Phyllis Stewart, Donata Stewart and Nathan Cohen, co-trustees of the Stewart Trust established under the Last Will and Testament of Samuel B. Stewart To: Phyllis T. Stewart, an individial, and Phyllis Stewart, Donata Stewart and 3 CONTINUED g TICOR TITLE INSURANCE Rcport No. W619871 Nathan Cohen, co-trustees of the Stewart Trust established under the Last Will and Testament of Samuel B. Stewart Recorded: December 28, 1993 Fee: 93109020 Records of Washington County, Oregon. For: Access Affects: Parcels 1 and 4 14. Easement(s) as granted in Stipulated Final Judgment, Case No. C940789CV, including the terms and provisions thereof, To: Tri-Metropolitan Transportation District of Oregon Recorded: Records of Washington County, Oregon. For: Permanent slope easement Affects: Parcel 2 15. The terms of the trust agreement under which the vestee herein holds title. A copy of the trust agreement must be furnished for approval prior to closing. Affects: Parcels 1 and 2 NOTE: A Real Property Transfer Tax will be imposed at the rate of $1.00 per $1,000.00 or fraction thereof of the selling price based upon the provisions of Washington County Ordinance No. 289, effective May 3, 1984. END OF REPORT 4 CONTINUED TICOR TITLE INSURANCE Report No. W619871 LEGAL DESCRIPTION PARCEL I: Beginning at the Northeast corner of the George Richardson Donation Land Claim No. 55 situated in Section 36, Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon, and running thence South 00 degrees 13' West 794.46 feet to a point in the center of S.W. 72nd Avenue (County Road No. 245) thence North 89 degrees 47' West 20.00 feet to the Northeast corner of that tract described in deed to Henry Metzentine, et ux recorded April 12, 1948, in Book 284, Page 379, Washington County deed records, said point being on the Southeasterly right-of-way line of S.W. Pacific Highway and being the true point of beginning of the herein described property; thence continuing Southwesterly on said right-of-way line on a curve to the right, having a radius of 1462.40 feet (the long chord of which bears South 59 degrees 26' West 244.32 feet) 244.59 feet to an iron pipe; thence continuing along said right-of-way South 64 degrees 13' West 89.34 feet to an iron pipc; thence South 11 degrees 28' 40" East 300.0 feet to an iron pipe; thence South 82 degrees 44' 10" West 280.0 feet to an iron pipe on the East line of tract described as Parcel IV in Memorandum of Assignment recorded October 12, 1966 in Book 618, Page 161, Records of Washington County; thence South 0 degrees 30' West along said East line 311.30 feet to the most Northerly corner of tract described as Parcel 1 in said Memorandum of Assignment; thence South 36 degrees 50' East 53.45 feet to the most Easterly corner of said Parcel 1, being a point on the Northwesterly line of tract described as Parcel 2 in said Memorandum of Assignment; thence North 44 degrees 16' East along said Northwesterly line 59.32 feet to an angle point thereon; thence North 61 degrees 31' East, along said Northwesterly line 498.59 feet to a point on the West line of S.W. 72nd Avenue; thence North 0 degrees 13' East along said West line 566.53 feet to the true point of beginning. Except that portion conveyed to the City of Tigard for Road right of way in Warranty Deed recorded February 11, 1994, Fee No. 94-013956, more particularly described as follows: A tract of land situated in the Southeast one-quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Beginning at the Northeasterly corner of that parcel described in document number 86-51674, Washington County deed records, said point being the intersection of the Westerly right-of-way of S.W. 72nd Avenue and the Southeasterly right-of-way S.W. Pacific Highway; thence South I degrees 43' 56" West by the East right-of-way of said S.W. 72nd Avenue 190.54 feet to a point; thence North 9 degrees 16' 31" West a distance of 170.92 feet to the Southeasterly right-of-way of said S.W. Pacific Highway; thence by a non-tangent curve to the right along said S.W. Pacific Highway having a radius of 1462.40 feet through an included angle of 1 degrees 33' 33" (chord bearing and distance of North 56 degrees 49' 47" East, 39.79 feet) having an arc length of 39.80 feet to the point of beginning, containing 3109 square feet more or less. ALSO EXCEPT that portion conveyed to Tri-County Metropolitan Transportation District of Oregon in stipulated Final Judgment dated January 13, 1995 in Case No. C940789CV. PARCEL 2: A parcel of land beginning at the Northeast corner of the George Richardson Donation Land Claim No. 55, situated in Section 36, Township 1 South, Range 1 West of the Willamette Meridian, Washington County, Oregon; and running thence South 00 degrees 13' West 794.46 feet to 5 CONTINUED 1.5.Db rrcui i Ht i Ru 1 1 1 LC ,i p t. 1u r.j,vJ ri jy TICOR TITLE INSURANCE Report No. W619871 a point in the center line of Southwest 72nd Avenue (County Road 245); thence North 89 degrees 47' West 20.00 feet to the Northeast corner of the Henry Metzentine property as described in Deed Book 418, Page 400, Washington County Deed Records, and which corner is on the Southeasterly right of way line of Southwest Pacific Highway; thence continuing Southwesterly on said right of way line on a curve to the right, having a radius of 1462.40 feet, (the long chord of which bears South 59 degrees 26' West 244.32 feet) 244.59 feet to a 3/4 inch iron rod; thence continuing along said right of way, South 64 degrees 13' West 229.34 feet to a 5/8 inch iron rod at the true place of beginning of the tract herein described; thence South 8 degrees 10' East 74.31 feet to an iron pipe; thence South 0 degrees 30' West 71 feet to an iron rod; thence South 64 degrees 13' West 112.43 fcct to an iron rod; thence South 0 degrees 30' West 75 fact to an iron pipe; thence North 82 degrees 44' 10" East 280 feet to an iron pipe; thence North 11 degrees 2S' 40" West 300 feet to an iron pipe; thence South 64 degrees 13' West 140 feet to the true point of beginning. EXCEPTING THEREFROM that portion conveyed to Tri-County Metropolitan Transportation District of Oregon in stipulated Final Judgment, dated January 13, 1995 in Case No. C940789CV. PARCEL 3: A parcel of land located in the Southeast one-quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, within the G. Richardson Donation Land Claim No. 55, in the County of Washington and State of Oregon. Said parcel of land being a part of that certain tract of land conveyed to Phyllis Stewart on November 18, 1980 and recorded in Fee No. 80-41904, Washington County Decd Records. Said parcel bcing described as follows: Beginning at a 3/4 inch iron pipe at the most Southwesterly corner of said Fee No. 80-41904; thence along the Westerly line of said Fee No., North 01° 56' 51" East a distance of 74.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped "Kampe Associates, Inc." at the most Northerly Southwest corner of said Fee No.; thence along a Northerly line of said Fee No. North 65° 35' 01" East a distance of 67.40 feet; thence along a line through said Fee No. South 88° 03' 09" East a distance of 183.61 feet; thence South 01° 56' 51" West a distance of 71.77 feet to the Southerly line of said Fee No.; thence along said Southerly line South 84° 13' 42" West a distance of 246.23 feet to the point of beginning. TOGETHER WITH a parcel of land for a permanent slope easement. Said easement being described as follows:: Commencing at a 3/4 inch iron pipe at the most Southwesterly corner of said Fee No. 80-41904; thence along the Westerly line of said Fee No., North 01° 56' 51" East, a distance of 74.91 feet to a 5/8 inch iron rod with yellow plastic cap stamped "Kampe Associates, Inc." at the most Northerly Southwest corner of said Fee No.; thence along a Northerly line of said Fee No. North 65° 35' 01" East a distance of 67.40 feet to the point of beginning; thence continuing along said Northerly line of said Fee No. North 65° 35' 01" East a distance of 45.04 feet to a 5/8 inch iron rod at the re-entrant corner of said Fee No.; thence along a line through said Fee No. South 88° 03' 09" East a distance of 143.26 feet; thence South 01° 56' 51" West a distance of 20.00 feet; thence North 88° 03' 09" West a distance of 183.61 feet to the point of beginning. PARCEL 4: A parcel of land located in the Southeast one-quarter of Section 36, Township 1 South, Range I West, Willamette Meridian, within the G. Richardson Donation Land Claim No. 55, in the 6 CONTINUED TICOR TITLE INSURANCE Report No. W619871 County of Washington and State of Oregon. Said parcel of land being a part of that certain tract of land conveyed to Phyllis Stewart and Stewart Trust on November 6, 1986 and recorded in Fee No. 86051674, Washington County Deed Records. Said parcel being described as follows: Beginning at a 3/4 inch iron pipe at the most Westerly Northwest corner of said Fee No.; thence along a Northerly line of said Fee No.; North 84° 13' 42" East a distance of 246.23 feet; thence along a line through said Fee No.; South 01° 56' 51" West a distance of 248.76 feet to a Southerly line of said Fee No.; thence along said Southerly line, South 62° 49' 56" West a distance of 195.22 feet to a 5/8 inch iron rod with yellow plastic cap stamped "Kampe Associates, Inc."; thence along a Southerly line of said Fee No. South 45° 42' 51" West, a distance of 59.32 feet to a brass Screw with brass washer stamped "XAI"; thence along a Southwesterly line of said Fee No., North 35° 23' 09" West, a distance of 63.45 feet to a 3/4 inch iron pipe; thence along the Westerly line of said Fee No., North 01° 56' 51" past, a distance of 311.02 feet to the point of beginning. 7 . t e company assumes no fiat for variations, if any, in dimensions ' location ascertained by actual survey. i TICOR TITLE INSURANCE J . _. g La 4 II?* - y Q N1%, X04 i dog b y +b- a;� 7 6 tkyb '1 • • _464 \ •. z.R°y t%0 r.N 36 9 c. � ' 0 o sib . ox '0 2602 ‘` � '✓6A \� • o, 2601 % .70A t. . ` �, / VI 34 ac -, t,„. ' 1 j .., - PO.A-Ck . A A N • i.• CS 1041 23- 81 ; Qi� AA4,21) r c �1, 2603 .� w ` e.1BAc. _ \I r 3 et,4t3.2_� r f C,5 10458 N • 9c e a M �2��4� 1r �" 4 40 Ri A r r W d _ r dz . •. / � f N ....." 0,1 V W to °✓Gt Fb� 3: / 1... tti9 / �+ E. r 54 i / to • 'p CA • 0 40 a X C • t— . • r �M\ , A • . \q'. SEE M A P o'E t. • I S t 360 C' J/::: _ _ � vQsir3 LI NE TOTAL P.009 Prop as /ilrcz� ✓e TIGARD PARK AND RIDE -- APPLICANT'S STATEMENT Background The proposed Park & Ride is a joint Tri-Met and ODOT project to construct approximately 200 commuter parking spaces on a 2.2 acre parcel which is connected by a sidewalk to a new eastbound bus pullout on Pacific Highway. The site is located immediately north of the Tigard Cinemas, adjacent to the theater access driveway. Estimated construction cost of the facility is $440,000. The Park & Ride lot area is owned by Tri-Met and the bus pullout will be built within existing ODOT right-of-way. The project is being built under the auspices of a Tri-Met/ODOT agreement that establishes overall project design, construction and maintenance responsibilities. Also included in this application is a request for a lot line adjustment as described in Attachment 9. Site Information The site is currently vacant with a large oak tree located at the northeastern corner of the site and a large poplar tree at the southern portion of the site within a vegetative wetland area. The site slopes from north to south and drops approximately 20 feet over the site. The site is bordered by two businesses to the north that front on Pacific Highway, a vacant field to the east, the parking lot of Tigard Cinemas on the south and the privately-owned theater access driveway on the west. A dance academy and sandwich shop are located on the opposite site of the access driveway. Proposed Project The project will include approximately 200 parking spaces for use by Tri-Met customers during week days. The Park & Ride lot will be accessed at two points along the theater access driveway. Tri-Met and Act III Theaters are in the process of signing an agreement that allows Tri-Met to access the driveway in exchange for Tigard Cinema customers use of the Park & Ride during evenings and weekends. This will reduce the current overflow parking demand in the vicinity during peak theater hours. As a transit facility, the Tigard Park & Ride will reduce VMT in the Tigard area and include enhanced pedestrian access to transit and adjoining properties through creation of a sidewalk running along the length of the theater access driveway. The project includes a new bus pullout which enhances transit operations and further improves the pedestrian environment along Pacific Highway. The project will also include racks to accommodate 15 bicycles. A wetland is located along the southern boundary of the site. This area will be maintained and enhanced with appropriate wetland vegetation to create an attractive open space feature while maintaining the integrity of the wetland. A 25 foot buffer has been maintained from the edge of the wetland. Key Code Provisions -- Title 18 18.62.030 Permitted Uses The site is zoned General Commercial District which allows parking facilities as a permitted use under section A.1.e. for civic uses. 18.62.050 Dimensional Requirements The site exceeds 50 feet in lot width, has no buildings proposed requiring setbacks, height or maximum lot coverage restrictions. Perimeter, interior and wetland landscaping make up well over 15% of the site area. 18.100.020 General Provisions All landscaping areas will be selected, installed and maintained per the general provisions of this section. All vegetation within the wetland buffer area will be protected and saved as shown in the landscaping plan. The mature oak tree in the northeast corner of the site will be maintained. All other existing vegetation will be removed for purposes of constructing the Park & Ride. 18.100.030 Street Trees Street trees will be provided along the theater access driveway adjacent to the Park & Ride lot. 18.100.035 Location of Street Trees Street trees will be spaced, installed and maintained to meet the standards of this section per the attached landscaping plan. In addition, the street trees will be located in a landscaping buffer between the sidewalk and the access driveway to enhance the pedestrian environment. 18.100.050 Replacement of Street Trees The existing London Plane Trees along the access driveway will be removed and replaced with comparable size and species of trees to allow for the landscaping buffer between the sidewalk and the theater access driveway and to accommodate the Park & Ride driveways. 18.100.080 Buffering/Screening Requirements All conditions of this section are incorporated in the attached landscaping plan. 18.100.110 Screening: Special Provisions All conditions of this section related to parking areas are incorporated in the attached landscaping plan. 18.106.020 General Provisions The Park & Ride proposes a total of 200 spaces including 119 standard (60%), 74 compact (37%) and 7 handicap (3%) spaces. These spaces meet the dimensional and marking requirements of this section. Racks to accommodate 15 bicycles will be located at the northwestern corner of the site and are located out of pedestrian ways, parking aisles or landscape areas. The applicant requests that no preferential carpool or vanpool parking be required at this locations because this facility exclusively supports transit patrons and there is no building on the site to orient the preferential parking to. 18.106.050 Parking Dimension Standards All dimensional requirements of this section have been met and are illustrated on the Parking Lot Site Plan. 18.108.025 Joint Access Tri-Met is in the process of completing an agreement with Act III Theaters to provide Tri-Met with a permanent access easement along the theater access driveway to Pacific Highway. Right-of-way improvements associated with construction of the bus pullout on Pacific Highway will be coordinated with ODOT and are included with the attached Cooperative Improvement Agreement between Tri- Met and ODOT. 18.162.060 Lot Line Adjustments: Approval Standards Since 1991, two separate efforts have been underway to subdivide the southwest portion of the Stewart property proposed for the Tigard Park & Ride. These parallel efforts have caused some confusion as to the approved tax lot number and recorded lot dimensions. Attachment 9 includes the property survey performed for Mrs Phyllis Stewart as part of the miniature golf course proposal creating a new Tax Lot 2602, which repeats an existing tax lot number immediately north of the property. The Washington County Tax Map indicates a new Tax Lot 2603 which conforms to the lot dimensions included in Tri-Met's proposed Park & Ride. Tri-Met has ordered a Title Report to verify the actual property on record. Once this has been determined, we may be requesting a lot line adjustment as part of this application. The filing fee submitted with this proposal includes the cost of the lot line adjustment. If a lot line adjustment is warranted, the proposed parcel would conform with all sections of 18.162.060. Additional information to cover the requirements of 18.162.070 will be provided at that time. Applicant's Representative: Kim Knox, Tri-Met Transit Development Dept 710 NE Holladay Street Portland, OR 97232 Phone 239-6716, Fax 239-2281 Attachments Attachment 1: Vicinity Map Attachment 2: Parking Lot Site Plan Attachment 3: SW Pacific Highway Frontage Improvements Attachment 4: Erosion/Sedimentation Control Plan Attachment 5: Electrical Details, 2 pages Attachment 6: Landscaping and Planting Plan Attachment 7: Irrigation Plan Attachment 8: Title Transfer Instrument: Stipulated Final Judgement Attachment 9: Lot Line Adjustment Information Attachment 10: Public Notice Information Attachment 11: Affidavit of Posting Notice Attachment 12: Cooperative Improvement Agreement, Tri-Met and ODOT r Attachments 1 through 7 1 Vicinity Map 2 Parking Lot Site Plan 3 SW Pacific Highway Frontage Improvements 4 Erosion/Sedimentation Control Plan 5 Electrical Details, 2 pages 6 Landscaping and Planing Plan 7 Irrigation Plan A 0 B 0 C 0 D 0 E 0 G F • . 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SG77 :.m.:n!:.t._::.;e;-= 01,1.,:_.r-. SF7t ew<S+!Ttw ,3!!._... s.•►a.w• \ s \EXr . _ - - - - - _ _4?".4_. -_$?!!<, .,fH!,s,..+4...r+1 'mss • • __.- -- -a.<.. _a:.�:..- :;ate-• - - :.:s mss;<:3?c=`?tL>s:cccsa..... �- - s:sa�-s_:S-'t :::;444;;;;Z2:1':' � .<.._ a.:_:. -r<_:r<cs r.assmc._s•.as.-s._ass_y?yc .-<z.s_.;s?r4ii_: sr<.'�i!''T<:! -4 E . -,iE.. � .-._..: r.s_.s.r.c.,c. ......>.-:.::.c.-r_. �_ -_ _.... . ...!<!_:s t:. .`,,t:i 's'._say.:._ - _ = -' Imo• _ �� II .. � ���1 Z.�—rte• / _ / ' ..-------/\ / / milii ,-41,•.61 F--//,X.—_7 3 ..': \ ///dr ..4..te 4,.. :i..c7 \ • /:. \ i•.4. / \ /1� _ \ .4, ,,c, XV% gyp. �,/.. / \\ �o� \ i. s�,o /. _..-' _ _.._.._.._ ._.._. a / 55 j % �r�� \\ J :/ �, i. 4 \ / C' / -_✓, , ;. /. \\ 5 s / / \l \ • 4,-._.•.•,.-.........,_.--._7-___-'_P d z_: ./ "/i:„..5 fir: ��� % //. / /,4 9 q 0& ,/ 4-,--_- ▪ -- , ,.. /�'�, ,, , __ \ mow_ / /�'./ / , / P4-, El / / �r/ `fs �. ,, \ GRAPHIC SCALE 0 40 5 ./ NN d �� t.ft" '� • 4.•":1:".d�` /i THIS PLAN IS ONE—HALF SIZE REPRODUCED■ "------- , ii/ ----N / *■. -w.'44IP 1%- k..-\\ ....7"'7' ' '''' " klidc% <----- --- ----■ / / I PM/ ,miss 6$ TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIGARD PARK AND RIDE $s-/WW wort >r T —IX SW PACIFIC HIGHWAY FRONTAGE �j TRI-MET CI«OE, — ► . C1� ■ 1Q I DATE if AKA I RMSIIRS WINO ATE— SJ)HITTCA MiG APPROVE6 'ATE. SCALES _ OWING 1102 CCMTRACT M I r - 9CCT 1W i' 10' I CT-00? l — 2 A • B • C • D • E • G F 0 J ` 4RO ClNBN.fS ACCBS RS - 1 i it \ ' ciilze �• -- sal =ws ,...-= i��r' t_ ,1► ,\ 1 \ / Fy/ t ti \ --I I�t 1 1 / 1I \ l BLIDAV ; 1 / 1, �r(� i { �, �3 / ` / -' -11! ;h;•:�II ll1ll.ii01F.,t, , O C/NdALIS \\A\` \ 1� \V 11 C 11 - 1 { \ G� �J / - � \ •:v:7:'"41.fi�`: :.:'';. ,',', ,.'':. �\`� \‘‘, ,\. \;\��\� t % �1 • 1 r Ail' A A 1 I lI w\i� rem X \\\ \ � I �\ \ \ ; I 1 \\\`\` \\\ \ ' \. ! ,' J c,, tic 1 t i, ,\ ` /•* `` \`� �\\\‘\\ \ \� \` ' - i �� 1 I\a\\vh S ■ tom) // ` 2 \\‘‘‘‘,N\\ , SSR \\`\\\ \ P. \ \ `_ 1 ' fir ■ ,► (.11 li Dui.. \ assn raw cI .- \ \\.\\,/ ....-----A.m., 0,s• ,,,.,. 1 , ) O \\ \ k\\\ \. . ----• - -=-- ---- I ' Icc:iii1i1 ::\\\ \ ` \au MU \ ',14\.\.,\//1 f ` , I! liriZtt t•er ` \`�\\\ 1 I f I I I \\ \�.`��__��' \ ` /e I Nock L crnw� w,er.e•.r�are�w '1 \`\`\ \ t\` LI I I I � \ �_ \\ N \\\, TECHtdCAL GUIDANCE HANDBtx]C MV ti� 7*NM \;\ \\` �` I 1 I I \ \ wu saw.w r. v■ 3 �\\\;\ i�∎`` II i 1 \\ N I LEGEND i g %1 d 1 O ER090N/SEDIIENTA77 4 OQi7RLL PLAN(x)NOTES Ili E i�•L �/T/O ( OWL J-1) .9-.7 WI to B1 b A. Appeal of Ws erosifrn/peain.ataum oonbd(ESL)� does not constitute > w iI a 9tl a an of permannr road r trollops canon(ag stns and location of IS oapltz oovariwCrrsv f�vssewrCJiFacrAfL s-W E 115 w 9 made. p4•e. r..bkcara dnan.Is, r.e.nHan nod/tMe. utfl/ffeR ells) pC �tlI y(, a The Ynplrn.ntatlgn of thee.ESL dale and the construction. mahtenanae. /— A i 'F 6 of item ESC raNllMe le the respon.bity of the = &Oar♦ate la HET aleaor DEIAL J-7q rn replacement aid nppaainp oppifoant/awntroctr until all oonswctro•, Is completed and 4.provAd and ty • • • • ..p.tatlen/tawrocpino k..tabgshed • 4 C. The boundart..of the dewing Dolts sham or tub pion gnat be dearly 01 /•,/ flopped h the field prior to oon+tructan. Luring the construction period no 1 v. . d. ronw be the the +snits shall lg r for the m. .•.;.� Aapghp*Aral be aiitah.day the ggo/k\ant/conh,xror for eh.dv+oua++of $. 1,.,f F.no..Not.r �• ,; construction. •••. •• �. t. The fitter fabric shat be pun:hwd h a oonthuous rw out to the length of .4: r ! D. the ESC loonies shown an this must b.aansbuoNd h cenisoion doffs , •4 plan the batter to avoid see Of/cute. than phis are nsoe►•arB filar shed r.. , •..►.v�.�!:-�•r�� Nth at clearing ad grodng acthftbt and h such a mans w to hare be spiced together only at a support poet, with a mhirwm tf-hch antilop 1 3 // •" • :'; :+ rave ;� // . • • 4. that esrl m& and e.dnent bon water do not ants the&aiiege extern{, Onnd DoM shoe ewselyy kartelnd to the post. r OrefOp 1'r r pasts dnd // I• ::;!:?:•:;•:4:::14.....:1.- roodoM r vlolaN applicable avatar standards attoaS ar whom on aletd*hest J-2 E Its£5C poelt/tle.Mom on this pion are the mlrJarrn rpn,bwnnb /ar 2 The Mir fabric hoar shat be iodated to follow the contours whys _ ' ;: 1 O \ > d /// RADIUS-c mono i: ,p �►� antic4atd apt.oondtiona Dnrhg Me aonrbucNan period thee*ESC hasb/a ln. flow posts shat'b.spaced a madmen of t lea apart and 4.11. z a /milted anal be w needed for unexpected ectd stern.sent:and to d{wn*sorely Into the grand a minirwxn of 24*Idea t PIT Q Y' A�`� Ind" fr ensure Mot se�rwr�P e.�rnent-bon watt do not!save the afta \ p Se 3. me titer fobrho shat have a milkmen vertlaal burial of Q itches Al ' 0I €1 > t F. The ESL^loonies gnat be hspeated duly by the aQp&,ant/controafor and .,roweled material from wits lobrb know Installation. end B.bock id ad �] �i AS RUMEN Pe maintained w necessary to Amur* tusk oantnued Arwtfonhg. compacted along Me enter deturbd area • r— r 11114 G. The ESL foclltles on booth,site*shat be Inspected ad mahtalned a 4. Standard or hey defy Mar htbrfo fewe glad'have mmufaotsed witched P 5 i5 DEPTH mhlnurn of ono.a month or within the 24 hours fo%wtp a.tam .vent loop.for 2'x 2-poet hsMWUai. Strtd,d loops that be betutd on M.up dA 112 hi side of the sl ped area L VIN IM RR natant rear Ali PPM I®Ort1Al H. At no tine that more than as foot of sediment be dowel to accumulate 5 within a dapped catch basil. Al catch basins and oonveydnos fines that be 5. Mir Aabrk fenced that be removed when they hate send thee'us.A.r I I .9-.7 .9,t �` cleaned prior to poetic. the cleaning operation ghat not Aveh,. not purpose. but not bones the ypel pe area `.a.beer perms.by protectd and loon water Into the downstream system. stabltnd I .d .. Gravel CdKtY`4Ctt011 L Stabltred construction entrt races that B./stated at the b.ginhg of 6 Me-foto*prase that be impeded by applka+f/oontractr irmedaldY Sediment Fence TECHNICAL GUIDANCE HANDBOOK Entrance construction and rrahtaisd for the dnratlar of the project Ac:H/oad after each mink"ad at Mart doily during prolonged ruhfok My^.W TEChf•IICAL GUIDANCE HANDBOOK DetoE Dr'g'MIO 34 meaeres mar b.r.quhd to Insure that at paved areas are kept dear for Me repays shot be mode hnsd rtes Dotal D asono 3-e dnratlon of the pot tai rT.src>:*.nuns .....nnnn» rem r /SS rise eww�r.s ru IS ran +news b'P MI—COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIGARD PARK AND RIDE DATE TRH TATE Erosion/Sedimentation Control Plan K b A TRF MET �, m;; n,,; (� Tigard Cinema Access Rd./ Pacific Hwy. 99 -- (.ague e,a mow)sea-we bAlt M 11pA1[�rr/I►rrn Iwcvtswa __--- iC6 WC VP wrz. �,rvDDVtD. _. [DATE. .CALL pluvuc nn. CI)rTw\cT rag *sari nor. , I 1- s 40" I CT-00.3 \\__. --- SHEET NOTES ,-rt— 7 O PROVIDE ONE (1) 2-1/2. SCHEDULE 40 PVC CONOUIT WITH NYLON PULL CORD, 35 BELOW GRADE. FOR PcOY R POLE E \ POWER SERVICE. /12190. STUB '''''''‘H, OO PROVIDE FLUSH-IN-GROUND CAST JUNCTION BOX WITH /`�+ CONDUR UP AT WEATHERPROOF COVER FOR FUTURE COFFEE SHELTER. T` �\ ,� COORDINATE LOCATION WITH LANDSCAPE ARCHITECT. _ G______ \ Oj PREMIX ATH FLUSH-W-GROUND CAST IONCTON BOX WITH I, \ r� .� WEATHERPROOF COVER FOR IRRIGATION CONTROL 1 1 I `_ ,q - l \` COORDINATE LOCATION WITH LANDSCAPE ARCHITECT. �__ I — \, 1 r------- _��r_,7SfI �•`\ O METER o PPOttE MAIN BREAKER. (S 3 C20 DISCONNECT,2-POLE P \ .t MID A-W(3) 20 --4111 Mc-I WIBRANCH H B-UNEN SaSTTRIBBUT LE 0 PANEL ON PAD MOUNTED BASE /LIB-1511. SEE DETAIL 2/ELT-002 FOR MOUNTING. TIGARIJ CINEMAS ENTRANCE ROAD �� EXISTNG SITE LIGHT TO MOUNTING. © © P _'TIC (' — 1 _^ - .�w� �l1 �� •h� ,'\ \�, �\} 3/•C• 3/4 C. `i 111-1, C /1/ I 13/4 C. vez--- 1- \,`• t\\ ,,, ,* ,r i • �!_— • _ 11�/ O 15 _ '• ' • Tf" p 1 'Z•..1 po \\\ / II J 4 y .� \ BU/LQIXC \ 1, 1 t , A 1 ., \ .. , ...._. ____.-A \ c.) )..v i. 11 r / c. /10 T I _ .r \-\-■-'"\ I I rilc4_\ j‘l „v..,.„.. 4,,,,,,,...ot �� 5 /ill. • \�\ r,, I \ `\ ' 1 ,. i _ I \ \'\ VN.,. ,\'� \,,\ I I I I I I I ;I j/1� r rosy \ �\ ``�� \' ■ \. \ \ i \ It — lt, \ `'\ 1 Lf{�_'')_!_f�l� I_LI�lI !� -____ .., r J ` 4ri 1 --� - r / 3 ANCHOR MINAIRE POLE.SUPPUED WITH -4. ill INSTALL PER I �-CONCRETE BOLT BASE PLATE.OR MANUFACTURERS INSTRUCTIONS, -- , 1 SYMBOL LIST FIXTURE SCHEDULE GRD. BUSHING .-I-� 3.II:},..--k 0 POLE TOP MOUNTED FIXTURE 'A 150 WATT HIGH PRESSURE SODIUM LUMINAIRE WITH Ia" DIAMETER POLY- I-- 71`! -f 6� SINGLE HEAD WILE MOUNTED FIXTURE CARBONATE GLOBE, BLACK HOUSING, INTEGRAL PHOTOCELL AND COATED SMOOTH FINISH PAINT 30' - TYPE ,B, 0 COATED HPS LAMP.t. . ,II -k f - TYPES 'A','AI' & 'C' TO MATCH ARCHRECTURAL _\... 'r. O-�O TWIN HEAD POLL MOUNTED FIXTURE �Li '44 ' '� 250 WATT HIGH PRESSURE SODIUM TWIN HEAD ARM-MOUNT FIXTURE WITH 25" FINISHED GRADE 'Li-.4 I'.��• m JUNCDON • BOX DIAMETER ROUND SPUN ALUMINUM HOUSING, 208 VOLT SINGLE PHASE BOLLAROS j 1 r:11 I,.l I rl METER BASE ANU PEDESTAL CH'-{3 BALLAST, BLACK POLYESTER POWDER-COAT FINISH, INTEGRAL PHOTOCELL AND ANa'r-TI____1 1T�'^',r _j i I{"f' y elillli '�:�,{LAZY - �5_ WITH SERVICE DISCONNECT COATED HPS LAMP. KIM#5 STS 5W3/250HPS208/BL-P/A-25 WITH PHOTOCELL. MOUNT ON 25' STRAIGHT ROUND ALUMINUM POLE WITH HANDHOLE AND BASE COVER. FINISH TO MATCH FIXTURE. VALMONT /DS241-400V250. HORIZ. /4 RE-BARS QU . r;r ,� � 24' - CONDUIT BELOW GRADE MOUNT ON BASE PER DETAIL I/5E2, IN 1 x 12" SQUARE, „ r��' ��` --16 HASH MARKS OEHOTE QUANTITY OF 6" O,C. _ k. �, I' -" I WIRES. 112 UNLESS OTHERWISE t pe__=....c 'C 250 WATT HIGH PRESSURE SODIUM SINGLE ARM-MOUNT FIXTURE WITH 25 �`�_ ' NOTED. NO HASH MARKS, 2/12. DIAMETER ROUND SPUN ALUMINUM HOUSING, 208 VOLT SINGLE PHASE CONDUIT } .rl,-}-!-={,. GROUND WIRE BALLAST, BLACK POLYESTER POWDER-COAT FINISH, INTEGRAL PHOTOCELL AND _ PROVIDE CRC EL80W AND MINIMUM �- COATED HPS LAMP. WU/U/VIA25W3/250HP5208/BL-P/A-25 WITH 1L.41,-,.:-:1.." 4.-7'•..-.•24" 2O' ORC STUB PRIOR TO CONNECTION -- PHOTOCELL. MOUNT QI 25' STRAIGHT ROUND ALUMINUM POLE WITH HANDHOIE POWER CONDUIT TO SCHEDULE 40 PVC. AND PHOTOCELL.COVER. FINISH TO STRAIGHT H FIXTURE VALMONT /D5241- HAND0. 4-VERT, 16 RE-BARS --1- MOUNT ON BASE PER DETAIL 1/5E2. CONDUIT STUB-UP r,,II'-.�.�,I: 3'-6 MIN. -- TYPES 'A' & 'Al' O SHEET NOTE DESIGNATION .r,:,. 'r I �,1.." TYP TYPICAL CAST CONCRETE 845E .rl- r.I7r._i. ..1_,._i_i_A.' .L .L' 1r',1•.• 24'4 MIN. - TYPES 'B' & 'C' 1E'0 MIN. - TYPES 'A' k 'Al' POLE BASE DETAIL T NO SCALE PROVIDE CONCRETE PAD. SIZE AS REQUIRED 14-1/2"xl LINE SIDE THIS SIDE 2' MUST FACE 12-1/4' LOAD SIDE NORTH 1 7.x12" L___ 13-1/4' INSTALLATION NOTES; 1. INSTALL MOUNTING BASE ASSEMBLY FLUSH WITH TOP SURFACE OF CONCRETE PAD, ALLOWING MOUNTING STUDS TO REACH ABOVE PAD. LOCATE UNE AND LOAD CONDUITS IN THE DESIGNATED AREAS AS SHOWN. 2. USE ANCHOR BOLTS (1/2' DIAMETER) PRE-CAST IN PR/4„ CONCRETE PAD, MOUNTING HOLE DIMENSIONS ARE SHOWN FOR 1MB-1514 (15x14') PEDESTAL LOCATE UNE AND A" HALF N LOAD CONDUITS IN DESIG TED AREAS AS SHOWN. SIZE 1. ex,RODUcc. METER PEDESTAL DETAIL T 2 1' - 1•_0' GLR 4/19/95 �� TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIGARD PARK AND RIDE I DESIGNED BATE 5����a 1� � ,,,I+� - ELECTRICAL DETAILS JWK 4, 9/95 • The Bentley Company (*Awn DATE ' p330 8 Plaza B. Building, Suite 200 Cl‘ TRI-MET Tigard Cinema Access Road JEM 4/19/95 a �, 9Jx0 b.r, BarEur Blvd. �'tY AdA �, Portland.Orqun 9TAL9-6609 oatcoN WE M r . ,,,)1144-WI + Pacific Highway S Ul��a BBIRTJSY r.:, (663)644-1160 CHEGK GLR 4/19/95 TRI-MET nn 1 Mrf 1 BY /I,,avcl aE�+S+cXrs Mav� MTE (EXPIRES 12-J1-94� I S�yp Dori: -_--_ APVnWD]: (6�TG SGV.EI OINInnG MO.: fdnTMCt NO.. _'— SNIT NO.: AS NC T I_ Tar--002 I _ 2 • A • B 0 C • O • �� E 0 r ="' -----_ " 112 GENISTA P. 'VANCOUVER GOLD' 12' 3' O.0 -••--• I I I EXISTING MIN. 18 DUSTING(OFDEE REMOVED '1 2:fc 4I:'P CLV'AIRS AC ES:S 1?0,AJJ "I'5-:'` ;.�,y sii - Y t. _, � � � , 3 EXISTING LONDONIPLANE TREES TO BE REMAINS '` 'cr." •:• + •.• • •,�.• �;•.r.�_•�•;• �,•:•u _ • 4 .•, ,;rwR"•�• r--=C-� .. .®«�o��i�:•�'�oc�'�o.,•:� il;a �• 04410• 1,i 0•��•∎•)�••••1•*•∎••C •*01�••+•••c 4�••Il 0A- rte"- - „ may,.,..+•- "..l- -±• .• --�, .��f71.e' ••�•�•• • ���_./�:iS J. �•,�t.��� •� - L- f--4 �- �..• d'`PPIYSOCARPIIS CAP I TATUS S G1L ��I� •• ' "�" r. _...... _ _ f�l - -�-- /f/ VV % PLAN' 0 J- -_-- I '+ :•-.�� :e: 4 oTY. BOTAR I CAL NNE MAIN HALE SIZE C111D I T 3-4' �• :•,.; (,�. I I` RED ALDER 6-8' B&B •I ' ALNIFOLIA 3- ::'r:: ::': •. I31 CIf�lUS YBR.DUS 5-16' 4' 1.0 T I� 39 FRAx w5 o RAYY000' RAYW000 ASH 3'CAL B&B 3 AuaANd1 ETA /;* ••:. / ••,5 - i rl J ti .•, :.',�{ •. '. I. •Q� L, . - } 4 9 PLATAMIS A Ea000c000 BLOOOCOoo LONDON PLA1E4 8ALBdB �_±L. 15 PRIM L 'OTTO LI1YKEN 21-24 / 1 3 POPUUS TRICHOC AtPA BLACK COTTON'N000 6-8' MB • w • j• • • � 3 AIELANCHIER N,NIFOLIA SERVICEBERRY 3-4' E16:8 NCR '..i.,‘,` 2 S Bl1Cl1S CA�Rl1LEA 3 4 �_: '.::�::: � 1 BARBERRY 18-21'CONTA NCR 4 ' ,, � Y ♦ �`..4:"..'-::.- � — 5 pLATANUS A 'BLOODGOOD' 4' CAL -+-- � 4 ! ��3'%A(MS RIBRA 6-g'. • ::'.:I• :;::•.: - EXISTING LONDON PLANE 1`f2EE TO B: REMOVED i i 'li ' ••∎••• S FRAXINUS 0. RAY1Y000 3 CAL �. .�� 53 BERBERIS T. ATROPIlf�I A' � I5-IBIOIITAINER �, ,. .•:. •• � . WHITE ROCXROSE t,W�: . •�.�• ' I / ' 1 z I clsrus HYBRICI& ` �r • 4 1::: 3 FRINVS L '0 21 24 " 7 ER8Qt15 T. '�T 21 241 �`• , f h 205 CISISTA P. IDUS VANCOUVER COLD' VANCOUVER GOLD BROOM 12'- CONTAINER �� r �►© 44.2:::::::4:1:::;.::.: t I I I (titi• •• r I•' �� 48 OSIIARANIA H iF1ORIIDIS IIbITAM PLUM IS-IB�ONTAINER 2 w \ , I LIEN' l I` OT�O l ZI 24 �.��• ��' 24 PHYSIX/A811S CAPITATUS PACIFIC NINEBAiat 5 CAL CONTAINER - - - ���.. L.f:= :': `. S } i ~ • 104 PRUUS L LAUREL AI h• • -----c-- --- i A• 1 (6),, l w�1' E WILLOA 2 3 1 CUITAINFR I •r` ! C`::: :::-;t:.1.:::: ::. • ono LurKEH 2 . - , � - ,.•. 1 A NOOTKA ROSE 79 RosA NUTKAlI•�'� ! e.4",. 1-1 • i •'• j I II T M /I 5 SALE AFRCAERUEA SAL611C115 ILLO CAERILEA 3-4' CONTAINER �* y / • -•ti, :•:'= ----•.--. I • I I I l ' I i �!! •! 18 SYIIPu:t ICCAERU AlBt1S SN BUCLIS Y I-4' CONTAINER•• • I'1 FRAXINUS 0. 'RA �'� 3" CAL • 7 SYMPHORICARPOS ALffi \I8-21'''© '. �•©�• • r.;•�:.: 1 t', EXISTING LONDON PLANE TREE TO BE REMOVED g�p L 'OTT4tktYKEt� 21-24' �___•_ �� I075COTaNEASTER D. EID*$IZ EICS 1txZ CATdEASTER I GAL CANTAII R ` © GRASS SCALE--- ll ti J • :t '':::• EX FIST I NG TREE TO REM I '' ■•�� 0 + , • • }. " ,.SEED GRASS - - r;� f•� ? t tap, 1:41,� l ♦ ;. ,••/ 7 PHYSOCARPUS CAPITAIUS 5 CA ^^ �• 1 H k+- - 3 OSMARANIA CERASIFORYIS IS-18"•.O `• .. ! • •• -- 1 •• to�'a tip. ^•�+ +•` •� � `"�llw'Y ba II SYMPHOR I CARPOS ALBUS 18-21 S I� `'`\ �. �+••+ "'�: :;::; `� 4f'r 13 PRLNUS L 'OTTO�LUYKEN' 21-24' ^ . j•w' / // ! , ��, • :'�:�+' : :: r 36 PRUNUS L. 'OTTO LUYKEN' 21-24' 6E f2EA4(9VEE? �1'' •:•i ` `\ ,P LC �'' ''1L;�: .:: 'y �- M BERE3ERIST. 'ATROPIRPl1REA' 21- •s , � -- TREE TIES PER SPECS •�\', ,.1�.� 0 ::•:4`' , 1 1 'i" I (2` 2X2 S4S OF STAKES __ I k I • Da NOT PENETRATE ROOT BALL sow 79 ROSH NUTI(ANA 18-21�!.ti ' • :.�. y i I .� - WITH STAKES. DRIVE 3 M I N.. 0 5 SALIX SCOULERIANA 3-�' O .1Qtl%O•\ :,:� .:: `\ �1 ! - 44 _--t y'�� = I�I TREE WRAP STAKES. DRIVE GROUND TO I POPULUS TR I C1i0CARPA 6-$� • © �ti�' °° •i• I. • , I FIRST BRANCH \! ' �'' •}�+'•_: `� , \ '� twf •• 0 2 BARK MULChi�, �• 1 titi ORICARPOS ALBUS 18-21•. © 1 O••�.::••::'.•,.. • I _ ; s ./ 1.1 II SYMPH �y� •';:•• r`•••._•.e � � 13 PRUA15 L 'OTTO LUYKEN 21 24' � •o/ 3 SAMBUCUS CAfRl1lEA 3-4 • ..Q wy • • 7''#RAXtNUS 0 'RAYwooD' 3 CAL :_._____ 7 FRA7(TTM a -_--- a• — SIDES AND BOTTOM OF PIT 4 PHYSOCARPUS CAPITATUS 18"O'� ' ��� tv .....•• ir►: SCARIFY SIDE 9 r, r, Ik (��W t �� � ERASIFMAIS 15-18' P` • '6 BERBER IS T. 'ATROPURPURE.A' 11 "= °� . , • \��1�ri1. �� 'Ef�(OVE BURLAP TWINE FROM TOP 1/3 5 OSIAARAN IA c �,.., ` v�1^', ~ ' ��� I 1 , / , PLACE ROOT BALL AT TOP OF � /{W 41/�•� I / ��'; it MULCH LAYER. 2 POPl1LLIS TRICHOCARPA 6-B' . \ . �` ....,.... ...,. .. -- •'-l•.° ; /I///�/ / 1 • ,� :r �'""l_.'"I. ..... :pl1:•�.....U+7. OIL MIX BACKFiLL \J-11111V, 0 �, .•. ••.•••••••.••.•EXIST OAK TO REIIA N •• ••••••.•••.• i = ` �' • ti ,mot -•--•.ht.F�•- Ihin.+r+c•"��rf'=R PRESERVE AND PROTECT "DECIDUOUS TREE STAKING ..� ,� -___.._ ;,�HC+ Bar�AR 48 pS11ANTk{U5 H. 'cxn>T11X' 18-21' I _�- NOT TO SCALE `'t., rl ;` j' g3 GENISTA P. 'VANCOUVEE GOLD' 12' IIl \;\ i\ ; 1075 COTONEASTT3Z D. 'E1f71HOLZ' I CAL 24' 0.C. GI�Pu '•� I 5 !GALE: t'-Q,TO'�PLAN �p /� p�� 1'18 PLAN 10 HALF 8LZE. AT ____V�, j TRI—COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIGARD PARK AND RIDE AT LANDSCAPE PLAN `�' `° ,()vonsro4 �1 Tigard Cinema Access Road Mayer/Reed Fi,,,,,,a90713 p+ /'�-� TRI—MET ± Pacific Highway LanOr.1W NW4aLY 603 X5669 v -� DA14 Pax 7L49D7B DRAM NO MN TRACT NO.: :/CET Na ra: 7- DAtt S1,Ew I TTEDE DATE: APPRO`/ED: DATE: - 7... 20 M0. DA,>E 1!Y AiPO. �,IiIOMi ,_... - nPqIr;nl RFVIFIN SUBMITTAL . . • • • - A • a • C • D • E • G F • '1/4 __ _ .4.--- -------- , t ••'-•-•-•--••••••■••••••••••••:Pj IF....—•-••••••*1..C.*------ivr orf---......_—,a;F.-. --..vo----------uc-.---.----■AC.s-.mw.t- 1 —.") \------- -- --- --------. ° C •- ---• ----- ..„-...-----' ._, Milk a. LA SS .. ... -------- I RR I GAT I ON NOTES: TICARD CIATEWAS A CCEA515' RO49 cili 1/1.2 :.„ ..--...... , — AIM I. INSTALL MAIN LINE 113'CEEP . • ,,,.z•,.../ 1...41/41,.- :2-.4•.1,-'. LATERAL LINE IV AND SLEEVES 18. 1..,. o , / o rq 1 i/2" .. 0 _ae.i., • 2. LOCATION OF PIPES AND VALVES INN"1 ilai.,"••■. . • ,• a••. ,rare.711,.!I'414. NS L6 L 6 •4.,.. ii,_._.., .,, 1,3v401./ .....4,.:771T c ._,. ...,7. .. : i ARE SHOWN DIAGRAMATICALLY -•. . . • • »Air. •••••• .4 FOR CLARITY. VIIIIIIIIIIIIIIIIIIIIIIIN 1 -.--,IIIMII WM,'MI 1■....■a ,,IW7,,■11.1 . . 1111.Mrgit,MI . ... ...., ........e,.. 4 ....... — ,,,\ ...„,,..../I .. . . *.. . , , ,..., I , . ...... .:. •-:* -..7771:17.-... . ; ... . .... .. .: „. . H.., rL.:7.. ,,,L ::••••----. '7 '. .::::. 1 '-.-•• --.-...1 ....-7 i..............-: ....,....1.,...,t, ____,-:-.;_.:f ..ii' 111::.,,, •11.1tiOl_CON:E_C..=_T_ION :1„,1,,_-_,-..,,,„,..,. 3. FIELD ADJUST SPRINKLER ftADIUS , '' --.... _- • \ .r •• ' - •,_-4!"-.- 1 - " • .;:„„if-- •A' —1= — ..,=-........ ..-- —- -•••-1,- -......i••••----1—1,1/c, . 1 --___ ___ AND ARC FOR MAXIMUM COVEftAGE. •... \ 4. KEEP EXISTING TREE ROOTS DISTURBANCE \ 1222 ' 2 I ,1 1 I 1 ;II 6 .LEEVE ..'.. :'n r. WATkR MAIN AS MINIMAL AS POSSIBLE- \\,...24,4 , s' 1 I • /. I l ' , 1.7, , 41 HAND EXCAVATE IF NECESSARY. / • 1 . II 1 1120 l• .1 . B. %., .;..„., Ai 2 ..• '' .„ i I 1 * 120°II•:' 120° ' , 5. 2'WATER METER SHALL BE INSTALLED • . .-- 'Q. . 1 4 . . • N k \ Tal ' BY OTHERS. * 1 2 120° \II 1‘,..:'1•1%. ,2,..411)'1,.'1;2',....,, 42k 1114: V. 1, 'I I - 11 . . 1 • ' 6. STATIC WATER PRESSURE AT POINT __ „____1 w 1 • ... \ 71 1 I/2g IN. , 1 1' I \ II ‘ \ OF CONNECTION IS 90. VERIFY AND NOTIFY ANY D I SCREPANC I ES. gi I 1 . ., -.., 120 • ' I 1 1 • 1 • i, • ' 1 7. EXTEND SLEEVES 12'BEYOND ALL CMS MO SIDEWALKS INTO PUNTING MI it I/2” ,' I • •--1-- . I . 11 • • •4., \ • .. . . 6\ BEDS AND LAWN AREA. 1 I I . , , ,, ...:._ . 9 : , ___ , _-___ . t...• 1 , • ----- •--- ----- . 1 a I '- i 2'.7.0n`l1/4 \ IRRIGATION LEGEND: . , , , , L t \ ., , .. I I 1 ''. 1 ‘• • ' - 1 i \ ....-140. •'. • 1/4 • , .1 '‘I 1 i ': I I 20 1 .. • . 1, • .. • - I I i t i I i 1 20° ..* ... ! 1 , 1( , 0.• 4,4 .. .:„ - v.....Ty:NA." : ..$1.\!.1/4.1-A1 .-_t• \ 9 GATE VALVE o ''''•,,, \\,..,....., ' 1.1-'i.--___---::::: III\ \ _ II \ \I ‘ 1•, ... ._,..---- § 2' DOUBLE CHECK VALVE ' , j 9.• II i • r___,...----- REMOTE CONTROL VALVE ‘. % • , • \ , -- 11 ------i- ..--• ---- % OUICK COUPLING VALVE \ ....e.',,,,,ils,... v..% V.,.. -Ili it ,, 3 \ •,E. 4 0'4' '''• ‘',.\ ‘1.....---- I 20° II I . 1 A 1 9-.11. •• .. --aw•-=•■••■ 2 1/2' SCHEDULE 40 PVC MAIN LINE UNLESS OTHERWISE INDICATED ',. •,-•,-,0,4' •C'.' ', ■ % • \ • 120'1 I 1 I 1 1 0° .. \ ;NT,\v'A.: ,. 3/4' CLASS 200 PVC LATERAL LINE \... \••■• )11.4Fr ''' %\\ '1/4...."''''''' \ '' • 120° I 120.: - I i ‘ 1 I .\\\ ••• - ---.4— I CLASS 200 PVC LATERAL LINE ....... • • :,..••s,.... I ...., \ % , • 1 \ ., ! • t 1 ---40--- I 1/4"CLASS 200 PVC LATERAL LINE • . • \ ,„ % % - • . ,........., 1 1 ., 1 1 I/2" CLASS 200 PVC LATERAL LINE I i ----,- ... • '. i424° li • I• .. \ %. .... \.,.. ,, ....- 1, ',,, T ' ""' ""— 9' I -.'-l' CLASS 200 PVC LATERAL LINE SIZE AS IhOICATED \ "' .\1/4 ls % '00'•-•••:' - • \. I .11 i • •„. •• --, 1.-. 3 e a.Ass 200 SLEEVE(JiLESS OTHERWISE INDICATED .' \ \ \ %„ \1/4.,, 11/4, \ \ • 5 ., - . 1111111, . 9 . .,, 1, Aist CONsalTRiccOLLNEukiR BER•, j I • \\ • .1 1 9- 1 :1 \,.. \ \\ \ GRAF.,\ ALE \ ''.. \ %, Is .. 120 1 20.11 • (1 ...\ \ \\ '1:, , „ i ,. 1 i q I 1/2"VALVE SIZE , 1 ‘3..• :.12.\.' 'XI__. \\ 1.11 ..., \..11',.,,,\ .\ \ li : I I `'HI. \ \ .1.. , 1/4, 'II, \ II 1 1 120 , I ' ! ';'1 HEAD KEY: \ .. .. .,,,‘. \ \ .,, — - Ion 120 - • $ •., i 0 - , \ \ - f,,,,,,, \\ t \ 12,-,, • 11...... ; ',•110 : ! • • 1 1 — :- I P'-3 --------- MODEL RADIUS PS I ARC \, ..% \\ N'„'1/4., . . . % 1. '. N .. 1, N i 1 1 1 - st••• ......-• • • f , . • -1.-- ii RAINBIRD 1812 F 10-15' 30 360' 4 \ \ ik \ ''',.., ' I\ I . . - .. , \ ,\ \ \ 1,-- .. , • , . . - , . , • RAINBIRD 1812 H OR INDICATED 10-15' 30 180' . 1 , 14 I . : - . —:1-- If. 13 7' * • \ \ \ '',, - • „ • , __1. 0 RAINBIRD 1812 0 10-15' 30 90 i \ '• \ \ % ,, ..,. \ . \ \ ', '1 ! 1 ; 4.. •I• ' of RAINBIRD 1812 STRIP HEAD 4 X 30, 4 X 1530 ...% \ \ \ 1\ 1. t ck. j• I • 1 i I , . ‘, 1, 4,.. ., \ , \ ,.. ii I f • . i. ...... 0 RAINBIRD T-4 PC 130-13 30' 35 0-120' s.\% I.'4'1 \ \ '. \\ \ \ ‘-.• I 20 \ , I • • RAINBIRD T-4 PC T30-25 30' 35 120-240' % \ N'...,:. N.% \ 1211 I .1 . i : -1 • RAINBIRD T-4 PC T30-50 30' 35 240-360'• witisimiisnwarifNgranumminwiummumusw ------, , ":•-/-• --,-------1-CAP FOR FUTURE 0 RAINB1RD T-I2 PC T30-13 30' 35 0-120' • A \ \ . ' ' ' •• - --- , 1 '1 i Q) RAINBIRD T-I2 PC T30-25 30' 35 120-240" 1 ....r1----i .4s* . ... .' • a . " : C1 0 RAINBIRD T-I2 PC 130-50 30 35 240-360' '.,s \ \ \ '... AI ••t 11 1 ..0,-, ,. • &-- :._.--: .... - 7 • 'S.., \ \ \ . .,‘,. -•., \ ‘,„ cli 1• . I I 1 1 20:• I I - 1 I - • \'',.:'%:. NOTE ISE 6' POP-1P HEADS INSTEAD Of 12"ALONG CM AND SIDEWALK. .... \,,.. , \ -II :I . . 0 *; 1 ,:•. 07. \ . ' ..........1,-......., 1 ,..\., (2 ...Z., .• 1. \ ., o ';' . • . •.• •. .-. •..' -.-'.- . . _ „n_ . i ., • • , arum= SCALE - -- I eiy_ — _. ,i ., _4 Ni 1 .. ..4,0-.A .-- •vi. .0, I -,.._25 FT. WETLAND frATO?. 1 .--------.-..------ SUM 1.■20' .kk. \ , 7.--------------VEL6140 130t2CJAPY I _...., 1 -.- \ .• --- - i ....--.----- TI-1113 PLAN 18 HALF SIZE NE, CATE BY /.\APEID\REV IS IONS ocsAi'Lam VAS" AT -WWI— opAtis -zawar —air- woe9ris ---0or— TRI—COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON TIII-MIT ■■■■■■••■•■••" "''' Sten MO Mayer/Reed 39"wcr=osr a2° liaroscace Nattacluie Fox 2Z9-11078 APPROAD: CI% (al Ai 1111—MET DATE: SCALE: TIGARD PARK AND RIDE FIRIGIATION PLAN Tigard Cinema Access Road + Pacific Highway CRAVING 1.10.: CONTRACT NI: SHEET MI: I DAIL 5C6 22945663 1.■■Ke L.ST-00I I 6 ..—.f—f-....--..g 6,-,rn torn A i r•I Ilrflk orr-l-A I Attachment 8: Title Transfer Instrument Stipulated Final Judgement OR FIEF D fGON 1U W4 O SN1NGTI COUNTY 95JAN r3 Ah 8. 42 2 3 4 5 6 7 B 9 10 IN THE CIRCUIT COURT OF THE STATE OF OREGON 11 FOR THE COUNTY OF WASHINGTON 12 TRI-COUNTY METROPOLITAN ) 13 TRANSPORTATION DISTRICT OF ) No. C940789CV OREGON, an Oregon municipal ) 14 corporation, ) STIPULATED FINAL JUDGMENT ) 15 Plaintiff, ) ) 16 V. ) ) 17 PHYLLIS T. STEWART; et al. , ) ) 18 Defendants. ) 19 20 This matter came before the Court on the stipulation 21 of the plaintiff, the Tri-County Metropolitan Transportation 22 District of Oregon ("Tri-Met") , and defendants Phyllis T. 23 Stewart and The Stewart Trust. 24 It appears to the Court, and the Court now finds, as 25 follows: 26 Page 1 - STIPULATED FINAL JUDGMENT P=3-152.1.1 74735 oosa FEB 10 195 • 1 1. Tri-Met filed its complaint in this case on August 2 17, 1994 ; 3 2. Service of individual summonses and complaints was 4 completed on each of the original defendants on the following 5 dates: 6 a. Phyllis T. Stewart: August 21, 1994; 7 b. The Stewart Trust: August 21, 1994 ; 8 c. Thomas Herberger: September 6, 1994; and 9 d. Beverly Herberger: August 24, 1994 ; 10 3. An order of default was entered against defendants 11 Thomas Herberger and Beverly Herberger, dba Garden Golf on 12 December 20, 1994; 13 4. The acquisition of the real property interests 14 described in the attached Exhibit 1 ("the Property Interests") 15 is necessary for public use; 16 5. Tri-Met, prior to the commencement of this case and 17 pursuant to its resolutions, attempted to acquire the Property 18 Interests by agreement and purchase, but was unable to do so; 19 6. Based on the records in this case and the stipulation 20 of the parties, the consideration paid by Tri-Met for the 21 Property Interests, and any damage to any remaining property 22 owned by defendants Phyllis T. Stewart and The Stewart Trust, 23 is $1,000,000; 24 7. On December 27, 1994, Tri-Met deposited $1,000,000 25 with the Clerk of this Court for the use and benefit of the 26 defendants in this case under ORS 35. 265; Page 2 - STIPULATED FINAL JUDGMENT P 3-i32i1.1 74753 0094 1 8. Defendants Phyllis T. Stewart and The Stewart Trust, 2 through this Stipulated Final Judgment, waive their repurchase 3 rights concerning the Property Interests under ORS 35.385; and 4 9. Tri-Met is now entitled to a judgment, appropriating 5 the Property Interests to public use, free and clear of all 6 liens and encumbrances, except existing utility easements of 7 record as specified in Paragraph 12 of the Complaint. 8 Therefore, it is hereby adjudged as follows: 9 1. The Property Interests described in the attached 10 Exhibit 1 are appropriated to public use; 11 2. Title to the Property Interests is vested in the Tri- 12 County Metropolitan Transportation District of Oregon, free and 13 clear of all liens and encumbrances, except existing utility 14 easements of record; 15 3. Subject to ORS 311.412-.414 and upon entry of this 16 Stipulated Final Judgment, the Clerk of this Court is directed 17 to release the plaintiff's deposit of $1,000,000 to defendants 18 Phyllis T. Stewart and The Stewart Trust in care of their 19 attorney, Mr. Thomas H. Tongue, Dunn, Carney, Allen, Higgins & 20 Tongue, 851 SW Sixth Avenue, Suite 1500, Portland, Oregon 21 97204-1357; and 22 23 24 25 26 Page 3 - STIPULATED FINAL JUDGMENT Mz7-432111.1 74753 OOVs mlimm■ 1 4. Each party will bear its own costs, disbursements and 2 attorney and other litigation fees. 3 Dated: January 13 , 1995. 4 5 ,C4ic,M"7----- Honor a 2tmothy PT nor 6 Circuit Court Judge MICHAEL I MC WGOTT 7 It is so stipulated: 8 9 c y T. S Tce ii.ed To Be A True And 10 o\ �:�= , ri�ecCopy Of The Original :S`"-4;.4 11 Mark J. tile, OSB No. 82262 '`•- _' -;_Data Stoel Rives Holey Jones & Grey _ Lt-e; : AD a /STRATOR .,� 12 900 SW Fifth Avenue, Suite 2300 1i -�_.-...; , :� :. • . , /} Portland, OR 97204 v `� ' ' ,{•13 Telephone: (503) 294-9501 yi .� 11/G TON GO . 14 Of Attorneys for the Plaintiff 15 16 17 zzA'C/'`1 • ( Thomas H. Tongue, OSB 68167 18 Dunn, Carney, Allen, Hig ins & Tongue 851 SW Sixth Avenue, Suite 1500 19 Portland, OR 97204-1357 Telephone: (503) 224-6440 20 Of Attorneys for Defendants 21 Phyllis T. Stewart and The Stewart Trust 22 23 24 25 26 Page 4 - STIPULATED FINAL JUDGMENT 9I3X3-13261.1 74755 oofl E4iI8IZ �" STATE FILE 6169001 Page 1 of 2 Xay 24, 1993 PART OF FSb AO. 80-41904 A parcel of land located in the Southeast 1/4 of Section 36. T. I 9 . , R. 1 K. , N.m. , within the C. Richardson D.L.C. Ho. 55, Washington County, Oregon. Said parcel of land being a part of that certain tract of land conveyed to Phyllis Stewart on November 18 . 1980 , and recorded in Fee No. 80-41904, Washington County Deed Records . Said parcel being described by metes and bounds as follows : Beginning at a 3/4-inch iron pipe at the most southwesterly corner of said Fee No, 80-41904; thence along the westerly line of said Fee Mo. , N. 01' 56' 51" "P. a distance of 74.91 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Rampe Associates, Inc. " at the most northerly southwest corner of said Fe. No. ; thence along a northerly line of said Fee No. N. 65' 35' 01" E. a distance of 67.40 feet ; thence along a line through said Fee No. 3. 88' 03 ' 09" E. a distance of 183.61 feet; thence S. 01' 56' 51" W. a distance of 71.77 feet to the southerly line of said Fee No. : thence along said southerly line S. 84' 13' 42" W. a distance of 246.23 feet to the point of beginning. Containing an area of 20, 643 square feet of land, more or leas. Together with a parcel of land for a permanent slope easement. Said easement being described by metes and hounds as follows: Commencing at a 3/4-inch iron pipe at the most southwesterly corner of said Fee No. 80-41904; thence along the westerly line of said Pee No. , N. 01' 56' 51" E. a distance of 74. 91 feet to a S/8-inch iron rod with yellow plastic cap stamped "Kampe Associates, Inc. " at the most northe_ : corner of said Fee No. ; thence along a northerly- f southwest Fee Ho• N• 65' 35 ' 01" E. g 1 ine of-said Point . N. Beginning; a distance of 67 . 40 feet to the 9 g; thence continuing along said northerly line of said Fee No. N. 65' 33' 01" Z. a distance of 45.04 feet to a 5/8-inch iron rod at the re-entrant corner of said Fee Ho. ; thence along a line through said Fee No. S. 88' 03' • 09" E. a distance of 143.26 feet; thence 9. 01 ' 56 ' 51" R. a distance of 20.00 feet; thence N. 88' 03 ' 09" W. a distance of 183 . 61 feet to the point of beginning. Containing an area of 3,269 square feet of land, more or less. The basis of bearing for the above description is based upon a Record of Survey pet-formed by /taupe Associates, Inc. , for Tri- County Metropolitan Transportation District cf Oregon , and filed in Washington County. mQ'ABiT � PAGE OF • EXr,LBITI "A" SmA. - FILE 6169002 Aprli 7, 1992 Paige 2 of 2 FART OF rim ?(o. 66051674 A parcel at land located in the 8cuthsast 1/4 of Section 36, T. 1 S. , R. 1 W. , W. 4. , within the C. Richardson D.L.C. No. 53 , Washington county. Oregon. said parcel of land being a part of that certain tract of land conveyed to Phyllis stewart and Stewart Trust on November 6. 1984, and recorded in Fes No. 86051674, Washington County Deed Records . Said parcel being described by metes and bounds ac followsi Beginning at a 3/4-inch iron pip. at the most westerly northwest corner of said Fee No. ; thence along a northerly line of said Fes No.; N. 84' 13 ' 42" r. a distance of 246.23 feet: thence alony a line through said Fee Mo. ; 8. 02' 56' 51" W. a distance of 248.76 test to a aauthetly line of said Fee No. ; thence along said southerly line, S. 62' 49' 56" W. a distance of 195.22 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Xamp. Associates. Inc. "; thence along a southerly line of said Fee No. . S. 45' 42 ' 51" W. , s distance of 59.32 feet to a brass screw with brass washer stamped "XAI"; thence along a southwesterly lint of said Fee No. . Nr 33' 23' 09" W. a distance of 53. 45 feet to a 3/4-inah iron pip.; thence along the westerly line of said Ps. No. . N. 01' 34' 31" E. , a distance of 311.03 feat to the point of beginning. containing an area of 71.319 square feet of land. more or less The basis of bearing for the above description is based upon Record of Survey performed by Xamp• Associates . :to. . fcr Tri- Coun ty Metropolitan Transportation District of ::egos, filed in Washington County. Oregon. • 0M1BR I PAGE l OF t :- k IL'I•r 1: AI TxiN Tr-_ C. RICHARDSON D.L.C. c5 Alu)a,r:u 4 c.ca 'ave 3 J1 2 WASN:.4CTCN COUNT`!, C STA>CP� 'KAMPF roil! rm.-cam rr MCTPCPOUTAN TRAKSPcsrra non Or:tiCT Cr OPECOM AzsocArEs, Inc,- 4Ar 24, 1593 •1.LL• r . Ipp' STATE ..7 6169001 N ■G\N Sl .q — ao to/ R C X • 4. f _"- S. 2D7S'00'W C..30'� �4 w\ \ c /.�v f 4. l e5 r ■ o .v800 S G6'40.26_ �° FNO 1/21R -.L 74,+4• �• - ,t���� 'F IANF1 T { S7b ►• FNO 3/41P \ 1 OP,� •o :/3-11 / :J.aa 1 .EASE}rfENT E 5/8-1� 8 FNO 5/B'7R S o�o'o�- w ,,,, :AREA• 3,268 S�.f 143.26' �3 = E �' d �..\\ s 8i-- bS' C' 14;-.7.--- 20.CO' E i N +A f 0114r51. W t.; n 71,77 o t. in_ `�O S/81R )n p 20.543 $D. FT. y n i. h 2 y FM) 3/41P N e4'13.12. E • 279.8.5 FRO 3/4P 1 cri P.O.B. FNO 3/any, r 1 :._ _ . ? I W CI c 7 ' iJ n � v 1, I"' is.a .W I:iv' _ A 5 04 I o- ;E.,G EXHIBIT Z3 3/s' tR s " -c \ V o s/a' X30' IR will 1'>rLr Aw PLASTIC CAP {� NEED "KAL P ASSOQa 1F� etc.- ` UNLESS O1}4FRVIM NOTED_ ? r - __ _ 1- 9 4g•42'7i w n.17� ,,. rN0 J/4'ia 59.3r rtA►.r.c Z.1.‘..71.,41.'57.'1 IIMO > 7C •: SET BRASS SCRF'/ 4 .P'' _BR.LSS wASHE.4 P,JMC=] KM,4P� ASCU CJA S W 1 Ar 2.1 CO :RE-a ;;;7;;;-1 _341 BANK (sauxt�.acrow,. oArtl. J7a� +.4341) cm-144w 1 a*rtt .:r-iy2 .p 773 . Cam. • • • isrr n s7TU.■ � IN ilif. 5E 1/4 5=.c: .:u sir 3/13181 W/ Page 2 of 2 . I S.. R. 1 W.. W.M. ' ALL WI It. tHE G. RICHARDSON 0.1—C. NO. -- WAS•1WGTCN COUNTY, OREGON A FUR: TM-COU+lY UETROPOUTJW IRAAIRORTAfld+ OaTR/OT CF GKOOM AP 1. 1>ff2 scum 1- - 100' STATE FILE 6169002 ��k • - .61 � • , G E g� 9 - sr if F E, 6g.C6 ,t e06-95pb �• . FM) 3/311R NIP' Z x W C FHA T Anil ; sao S 06%4-0'26' E '° e 74.4 4' ta- u3 .c lb tri ` ■V 70.50' t Fr+o s/8'1R S 02'00"00- W a 0 0 FWD 3/31R l a �) a u. S6 6 w O i O- to - = sitr t. o- P.O.S. F/+o 3/41P y, .3 w • . - rn� N g4-13'42' E+Z�.a3' X52 aI pm 3/4"1P e 248-2S FNO 3/41P m. . 0.321 \ I . C ep a....tej 7.dt W N O•ir VI .•' N V + �` '� ° 6'�- -- .. AV"' + �• 1+1 `95 b�' r.5 r II `Qa \� E I 4 /- c _1..osf . 0 0 v- Z 195' S -0 0 s/6" x 30' at NTM VELUM PV.S1 C CAP 5/1S' 1R • STAMPED '1UWPE ASSOCIATES. INC" \ UNLESS OTHERVASE NOTED .2.5-9"g S 45'42'51" W Mown FNO 3/4"1P \ 59.32 w° A IMI 35'23'09" w 53.45' S KAMPE ASSOCATES Y ET BRASS SCREW k 3641 5*. cAleYM caw BRASS WASHER PUNCHED Uuri 03,00A ORSd. s7031 l(Al- W CQ4CRETE 01T0i (_a3ya13.-afr mom 433^2 •3 DL JV Attachment 9: Lot Line Adjustment Information Washington County Tax Lot Map NW 1/4 SE 1/4 Section 36 T1S R1W, 1S1 36 DB Record of Survey, Waker Assoc., for Mrs. Phyllis Stewart N . N m _ w m 01 E 0 a a 11 10'DRAyIASE EAIIEMENT -- 713.14 110•111'w 30.30'W 63733 -� V % 144.51 160.0, 66 66 244 -- - - - - - Y - - - �N \ �% Iv � o OI .I NO3 i% (42 + O -A O O O us lc n0 bo . n O °o+ . A n O o O u O . O : 0 • 0 0 602.12 ' 'it 14.0 • ° 0 NO.30'E I.EA 167.27 11003d4 -- . '1 `� NS.311 n1 104.33. ...f._ a \• • N • •o s ± ° ,' 44:7,,,°..p ,� _3L - — .i6-... - f1 Mg O �� a e 11'Raw =6• • {� ��" --_--40_ 17 6.0 - 343.44 •"'''''- 160 •00.30'W pa . �, .�° q . Ai 206.33 h ,1101.40 w 1rE • r J, OOx • a }1 M 11 1.40'2 267., 7,.66 1�1°y7'30"W 100 »' ad GS ..• so �, O TAX LOTTED ON MAP o ISI36DC• �`„ • N0°30.E ` ♦, ,I .30 75 160 '.` �• I NQ� °?,: \ 4, O • 100•1Z'W 460 �I4o.00 •o�t�s'w fiat. PO o► • ri •`_ a. er 71.0 . -- .. .W 1 0 • f '+As�� IEw w J. pa N `o �,. _ . ti� � 1 1 ' 1 i SA ��. O Z• 1 "' !fit t _ i 2•�e.re r;.r� • `t s .11 °� • 0 ti \ t,, O ■ °,•\ ' a\a i Pe • \ \ 4.\ > o '1` XI •\ \ °A+. OO +df \ • \\ �. I EAST LINE ,.RICHANDSON OLC \ •ayGi-VG S Loa I 4.. •• -A S W C.R. 24 u 0 72ND AVE r-- / ' • I �— .3• Is I Z > S 4444 — N / .1 m C o cn 1 1 1 I • r , . 1 -----i , . , A .. . , 1 . , • . . L1.06'35'10' ' w`G G X. N. �. R 1482.40 0 U. A-244.67 C8.•N60'S0'29 •E C 244.38 -*i 0001•. sit q5�0 3/�'IRON ROD (1.=244.59 D)• 0.3 BELOW T'P X903- b9 SOUTH 0.48, RFACE EAST 0.11 FROM . Ng� '0 ' 1�9 159 CALCULATED CORNER • 1 3/4' IRON PIPE 0 2' BE OW SURFACE- \IP0 H LI HELD t Q Z . < .. / y n k z - / 1 e" Ch + " cV O f w, • O .. 3/[4�• IRON PIPE HEW f a '' 1"s to 1\.4e. DOG X86051674 n In TAX LOT 2601 0 ° Y; $ 10 p.E DOG 00041904 10 n o coo `o 0 40' = O y S88'00.00.E 108.60 l NEW • • y45 ` 0 1.43 TAX LOT 2600 `yw �� \-; I f2� 4.61 ACRES �'F. , S/8; IRON ROD ) 65y` HEIR I , �`Jra NEW _ PROPERTY • OLD TAX • LINES LOT LINES 1 ' •• 0 5/8' IRON ROD Qo M//PE ASSOCIATES, INC.' ` " N. HELD Oe W N 280.00 0) P. — N84�3'42•E 279.83( \-3/4' IRON PIPE F� °o 2-0'0'BELOW SURFACE 1. 3/4' IRON PIPE a Or 20• Bc10W SURFACE ; HELD n' I In . I� C9 ; NEW b S8278.00-E ?n TAX LOT 2602 y /�yt� E2 1.60 ACRES W // • O 25' WETLANDS N%+ GI s Ai BUFFER\ �/8' IRON YPC ST C7) A1APE AS Q ; HELD %N`' eA / F 11 "---S71---.2.00- 3Q?o % '� ' EDGE OF� sblh4- `r�' WETLANDS • 56.51_41. e►� `4 0� 7s oo. %41'9.° �,�' ,���'��2� • , el, d s j cux n 4 SCREW et� WI APR 2( � HELD i\ 'l� ' KAAiP •0, b Ol \rn� iy ! a.! weL y'1• 5 8• IRON R00 • .YPC STAMPED Yid �c " 4.. ,s- ALPEE ASSOCIATES, INC.' `HELD Attachment 10: Public Notice Information Affidavit of Mailing March 17 Meeting Notes Signatures From March 17 Meeting Notes March 30 Meeting Notes Signatures From March 17 Meeting Notes Sample Notification Letter Notification List Property Owners Notification List East CIT Area AFFIDAVIT OF MAILING STATE OF OREGON 1 1 SS CITY OF TIGARD 1 I, Kim Knox , being duly sworn, depose and say that on March 14. , 1995, I caused to have mailed to each of the persons on the attached list a notice of a meeting to discuss a proposed development at property immediately north of Tigard Cinemas , 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 _1_%1_1(1.4CIAkrer , with postage prepaid thereon. 12)14,A b OA Signature 1 4111)14.71 Subscribed and sworn to before me this 19th day of April, 1995 . 4?!Ai/(33 tg?(-49/,(7 /- ' = �'• OFFICIAL SEAL Notary Public �"� > LORIAN S HENDRICKSON �' ?� NOTARY PUBLIC-OREGON My Commission Expires � t ( ' :® COMMISSION NO.A 018126 MY COMMISSION EXPIRES SEPTEMBER 09,1996 sec\affmail.cit r'‘ TRI MET INTEROFFICE MEMORANDUM DATE: March 17, 1995 TO: File FROM: Kim Knox SUBJECT: Tigard Park and Ride At the request of the neighboring property owners, I met with Dr. John Webber, Carla Webber, Sherri Webber and Mellanie Fletcher of the Westside Dance Academy at the proposed park and ride site on March 17, 1995. I described the park and ride project, its' traffic patterns and proposed general site layout. During the site visit, the neighbors raised the following concerns regarding the park and ride proposal: 1) Existing afternoon peak hour traffic stacks up on the cinema access driveway to where the southern driveway is shown on the proposed park and ride plans. They noted that this stacking appeared to be caused by cars cutting through the cinema parking lot to avoid the intersection at 72nd Avenue and Pacific Highway. I noted the park and ride afternoon peak hour would have some overlap with the existing stacking demand. I agreed to investigate options to reduce this stacking demand with ODOT and owners of Act III Theatre. 2) Southbound traffic on the cinema access driveway is travelling at dangerously high speeds. They are concerned about the safety of the children using their facility. Tri-Met is also concerned for the safety of pedestrian circulation in the area, although treatments to slow down traffic would need to be the responsibility of Act III Theatre as they own and control any roadway treatments. 3) The neighbors were supportive of the creation of a bus pullout on Pacific Highway and associated intersection improvements. I described the phasing of intersection improvements would include the bus pullout and improvements to the south side of the intersection of Pacific Highway and the cinema access driveway. Improvements to the westbound portion of the intersection would be made at a later phases of the intersection improvements and relied on coordination between Tri-Met and ODOT. . '(tgovvo 1264. amt tae 3/n/as Avvu;d'lcid2bi . 7--LtLf- ((CC C‘ INTEROFFICE MEMORANDUM DATE: April 17, 1995 TO: File FROM: Kim Knox SUBJECT: Tigard Park and Ride Public Meeting Notes On Thursday, March 30, 1995, a public meeting was held in the Red Rock Creek Conference Room at 6:00 PM. Attendees at the meeting included Grace Pierce and Jules Kessler who own property immediately west of the proposed park and ride, and Rick Kindig and Kim Knox of Tri-Met. I provided a general overview of the project including size, city requirements, design features (see plan attached) and operational characteristics of the park and ride. The property owners raised the following concerns: 1) Interest in coordinating with Tri-Met to establish an on-site vendor for park and ride customers. Tri-Met to research legal and fiduciary implications and precedents elsewhere in the transit system. 1;r1AGt c2ot& wind ictt ?uhi•Ac. \AIL IT 3o • .15. V-tol Ove& Cavtivoince Voom lqamve AettuA4 Rote � r ?-4(6 - 6 77L/ C� J TRI-MET TECHNICAL SERVICES DIVISION 710 N.E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 March 14, 1995 Tire Factory of Tigard, Inc DBA: Tigard Tire & Auto Supply 11596 SW Pacific Hwy Tigard, OR 97223 RE: Proposed Tigard Park and Ride Dear Interested Party: Tri-Met is the owner of the property located immediately north of the Tigard Cinemas. We are considering proposing a 250-space park and ride lot at this location. Prior to applying to the City of Tigard for the necessary permits, I would like to discuss the proposal in more detail with the surrounding property owners and residents. You are invited to attend a meeting on: Thursday, March 30, 1995 Tigard City Hall, Town Hall Conference Room 13125 SW Hall Boulevard 6:00 PM Please notice this will be an informational meeting on preliminary plans. These plans may be altered prior to the submittal of the application to the City. I look forward to more specifically discussing the proposal with you. Please call me at 239-6716 if you have any questions. Sincerely, Kkcy< Kimberly Knox, Project Coordinator • • TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON :�� Notification List Proposed Tigard Park and Ride Mary Swintek Alprop Company 9915 SW Frewing, #23 6149 SW Shattuck Road Tigard, OR 97223 Portland, OR 97221 Craig Hopkins Tom Moyer Theatres 7430 SW Varns 703 Broadway Street, #605 Tigard, OR 97223 Vancouver, WA 98660 Mark F. Mahon Grover D. Corbin, Trustee 11310 SW 91st Court 4680 SW Dogwood Drive Tigard, OR 97223 Lake Oswego, OR 97035 Joel Stevens Gilbert E. Pierce 9660 SW Ventura Court 4840 SW Scholls Ferry Road Tigard OR 97223 Portland, OR 97034 Pat Wyden DWD Contractors, Inc 8122 SW Spruce PO Box 23454 Tigard OR 97223 Tigard, OR 97281 Julie Johnson, Life Estate Appliance Connection, Inc 36220 Resort Drive 826 SE Belmont Cloverdale, OR 97112 Portland, OR 97214 Ronald V. Champion Julian Hobbs 11642 SW Pacific Hwy Gemini Software Tigard, OR 97223 13950 SW Alibahi Beaverton, OR 97005 Grace Pierce F3 Computing Training, Inc 17901 Von Karman Avenue 11608 SW Pacific Hwy Irvine, CA 92714 Tigard, OR 97223 John and Carla Webber Tire Factory of Tigard, Inc 5452 SW 54th Avenue DBA: Tigard Tire & Auto Supply Portland, OR 97221 11596 SW Pacific Hwy Tigard, OR 97223 Phyllis T. Stewart Firestone Tire and Rubber Co #6631 621 Englewood Drive 1200 Firestone Parkway Lake Oswego, CA 97034 Akron, OH 44317 • MEMORANDUM CITY OF TIGARD, OREGON TO: Dick Bewersdorff, Senior Planner FROM: Liz Newton, Community Involvement Coordinator DATE: August 1, 1994 (updated list as of 8/1/94) SUBJECT: EAST CIT Area Land Use Notification Effective immediately, please ask your staff to have applicants with proposals in the EAST CIT notify the following people : Mary Swintek 9915 SW Frewing #23 Tigard, OR 97223 Craig Hopkins 7430 SW Varns Tigard, OR 97223 Mark F. Mahon 11310 SW 91st Court Tigard, OR 97223 Joel Stevens 9660 SW Ventura Court Tigard, OR 97223 Pat Wyden 8122 SW Spruce Tigard, OR 97223 Attachment 11: Affidavit of Posting Notice Name of applicant Tri-Met Subject Property: Tax Map and Lot # 1S1 36DB 02603 Address or General Location Immediately north of Tigard Cinemas on east side of theatre access driveway. AFFIDAVIT OF POSTING NOTICE I, Kim Knox , do affirm that I am (represent) the party initiating interest in a proposed park and ride facility affecting the land located immediately north of Tigard Cinemas on the east side of the theatre access driveway, and did on the 16th day of March, 1995 personally post notice indicating that the site may be proposed for a site development review application, and the time, date and place of a neighborhood meeting to discuss the proposal. The sign was posted at 30 feet from western property line 60 feet from northern property line. This 1 'th day of April, 1 • •5 I. I . Signa re Subscribed and sworn to, affirmed, before me this rn day of (1.0 , 19�' OFFICIAL SEAL ' I it..:/ LORIAN S HENDRICKSON Notary Public for the State of Oregon NOTARY PUBLIC OREGON II O COMMISSION NO.A 018126 My Commission Expires: MY COMMISSION EXPIRES SEPTEMBER 09, 1996 sec\postnot.avi Attachment 12: Cooperative Improvement Agreement Between Tri-Met and ODOT . • October 16, 1992 Misc. Contracts & Agreements No. 10680 COOPERATIVE IMPROVEMENT AGREEMENT THIS AGREEMENT is made and entered into by and between THE STATE OF OREGON, acting by and through its Department of Transportation, Highway Division, hereinafter referred to as "State" ; and the TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, a public transit agency of the State of Oregon, acting by and through its Board of Directors, hereinafter referred to as "Tri-Met" . W I T N E S S E T H RECITALS 1 . The State encourages the use of alternative modes of transportation by the general public in an effort to relieve traffic congestion, save energy resources, and reduce air pollution. The Tigard Park and Ride represents a unique opportunity' to integrate transit and highway. improvements into a balanced transportation system. 2. By the authority granted in ORS 190 . 110, 366 . 770, and 366 . 775, the State may enter into cooperative agreements with the counties, cities, and districts for the performance of work upon certain types of projects with the allocation of costs on terms and conditions mutually agreeable to the contracting parties. 3 . Under such authority, Tri-Met plans and proposes to construct the Tigard Park and Ride facility in the vicinity of Pacific Highway West and S.W. 74th Ave. , hereinafter referred to as "project" . The approximate location of the project is as shown on the map attached hereto, marked Exhibit A, and by this reference made a part hereof. Tri-Met will provide funding for the preliminary engineering and construction of the project at no expense to the State. Federal Aid funds have been made available to State for the purchase of all pruje, L right-of-way with matching funds to be provided by Tri-Met. 4. State has submitted a program to the Federal Highway Administration (FHWA) and obtained approval for federal participation in purchasing the property for the project. NOW, THEREFORE, the premises being in general as stated in the foregoing RECITALS, it is agreed by and between the parties hereto as follows: B2191001 Contract No. 10680 Tri-Met STATE OBLIGATIONS 1 . State will purchase all right-of-way for the project in the name of Tri-Met . The process to be .followed by Tri-Met and State in acquiring said right-of-way will be as set out in the Special Provisions consisting of two (2) pages . Said Special Provisions are attached hereto, marked Exhibit B, and by this reference made a part hereof. 2 . State shall , at Tri-Met' s expense, review all plans and specifications prior to Tri-Net ' s advertisement of construction bid proposals and monitor any work performed on Pacific Highway West to insure state standards are met. TRI-MET OBLIGATIONS 1 . Tri-Met shall conduct the necessary field surveys, traffic investigations, arrange for relocation or adjustment of any conflicting utility facilities, provide the land surveys and right-of-way descriptions necessary for the State to purchase property, perform all preliminary engineering and design work required to produce plans, specifications and cost estimates, advertise for bid proposals, award all contracts and furnish all construction engineering, material testing, technical inspection and project manager services for administration of the contract. 2 . Tri-Met shall submit plans and specifications to State ' s District 2A office ( 2131 S .W. Scholls Ferry Road, Ptld. , OR 97221 ) for review and approval by State prior to advertisement of construction bid proposals . Tri-Met shall also request in writing a permit from the State ' s District office to "Occupy or Perform Operations Upon a State Highway" before proceeding with any work on Pacific Highway West. Tri-Met agrees to comply with all provisions of said permit, and shall require its contractors, subcontractors, or consultants performing such work to comply with such provisions. 3 . Tri-Met shall, upon request by the Program Section and prior to the State proceeding with the right-of-way phase of work covered by this agreement, forward to the State an advance deposit in the amount of 100 percent of the difference between the estimated total cost of such work and the amount anticipated to be contributed by the FHWA. 4. Upon purchase of the property and receipt from State of an itemized statement, Tri-Met shall pay any amount which, when added to Tri-Met' s advance deposit, will equal the approximate 10 percent of the actual total cost of purchasing right-of-way. Any portion of said advance deposit which is in excess of the total actual cost will be refunded or released to Tri-Met. - 2 - Contract No. 10680 Tri-Met 5. Tri-Met agrees to pay all salaries and payroll reserves of State employees working on this project, costs of rental equipment used, and per-diem expenditures. 6 . Upon completion of the project, Tri-Met shall thereafter, at its own cost and expense, maintain and operate the park and ride facility, including accepting all responsibility for, and pay all costs of, electrical energy consumed in operation of the illumination system installed as part of the project and all Unified Sewarage Agency billings on this site. GENERAL PROVISIONS 1 . If the property purchased with federal aid participation is no longer needed for public purposes, the disposition of such property shall be subject to applicable rules and regulations which are in effect at the time of disposition. 2 . Both parties agree that should either party cause the purchase of the property to be cancelled or terminated prior to its completion, the causing party will reimburse the other for all costs incurred by the other on behalf of the property purchase. 3. . Both parties agree that each will strictly follow the rules, policies, and procedures of the "Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970" and the Uniform Relocation Act ammendments of 1987, ORS 281 .060, State of Oregon Right of Way Manual, and Volume 7 of the Federal Highway Administration Federal-Aid Highway Program Manual. 4. The Contractor, its subcontractors, if any, and all employers working under this Agreement are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656 .017, which requires them to provide workers ' compensation coverage for all their subject workers. 5 . This agreement is contingent upon States review of project plans. If said review requires any additional obligations for either party, a supplement to this agreement may be necessary. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals as of the day and year hereinafter written. - 3 - • Contract No . 10680 Tri-Met This project was approved by the Oregon Transportation Commission on July 17, 1990 as a part of the Six Year Highway Improvement Program, page 73 . The Oregon Transportation Commission, by a duly adopted Delegation Order, authorized the State Highway Engineer to sign this agreement for and on behalf of the Commission. Said authority has further been delegated to the Manager of the Program Section pursuant to Subdelegation Order HWY-6 paragraph 10 . APPROVA ! '�' 'DE' STATE OF OREGON, by and through � its Department of Transportation, By .- 4 i _ . _ Highway Division •egion Engineer By By : .Program Section .Manager Right-of-Way Manager Date APPROVED AS TO TRI-COUNTY METROPOLITAN TRANSPOR- LEGAL SUFFICIENCY .TATION DISTRICT OF OREGON By By Asst. Attorney General General Manager Date Date TRI-MET' S BILLING ADDRESS: APPROVED AS TO ������ � Tri-Met By '- 4012 S.E. 17th Ave. Legal Department Portland, Oregon 97202 • - 4 - • ' ' . ot.±__j, ._ 11•.-2_1■L____ '1 i_ T _J■il 1i_..2±1 L.'i__1 L-.11._1 t__. - _.1 a ! ‘-',.. .,4,,,- . t,„.., -.- = (--- .-;-I:- ' I _I " •Lf_,_- „ " ..t_ ___,-.1) .______ji 1 1 =_. L) : :: I .21..._.,,--D_ji 1[-T,i-1 - --_ ----.,25, - =I 1:i, s s i. .5 - , .7"•:..*" kto•••••■I I . 1111 " ST I •;. -?' 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I NE MK I IT • 7 1....00, I-, c t 1 i .‘,. il Li gg " t., -0 f leg 3 7, i ............, 1 a•Sl. WOK.. ST II PP 'c"" rr g 1 I ' I L\\. \ T i.. cp... .......:„../ I " : i 144.v.t; I ••• 1 ; c't Al ..........-- I \ ril T41 •. ; I 11 fliql , i - Nr---- ........ r 64 /..., / ‘.. . • .,, :1 1......... . 1/4\ i ..2 F 7.4 oi 0 0 0 01 r:1,...•--'''''' .1:Pi 64.. (:3 . = ‘ L‘,.: 1.., NI • . .. .9: v /1';A: f 1, 51 I! .,7,.15--1, ..4,7,c .. ...... I ............... .....,,..- •., i"-- _II il - ,wm-., / 1 . I •Ts a '"LL-' I" .' L. . "."-... ... / 1,....... ..• 4 EI-.);;. n i ■ •I*COO NI / .6...)°, 7) 10.• ■•••ti '•• ••• / r-7.1' 0 ..-,/ . ,. ■ ..... 1.....—...., 7/ / ■ II I # 14" ' I i .....,....:4t•s ma I ? 1 ( 2 •■•••Z ii I I-4/ 46'./. eg•.. ••• . • • .c.v ...,,,,...... ( . I L.., /,/,.# 00 tIII7 -I. r-7-- ' 71-1) i /‘* "'. Exhibit "A . SPECIAL PROVISIONS FOR PURCHASE OF RIGHT-OF-WAY THINGS TO BE DONE A. Preliminary Phase State will provide preliminary cost estimate B. Acquisistion Phase 1 . General a. State will provide Tri-Met with a status report of the project purchase upon request from Tri-Met. b. Title to properties acquired shall be in the name of Tri-Met. 2. Legal Descriptions a. Tri-Met will provide sufficient surveys, vesting deeds, maps and other data so that legal descriptions can be written. b. Tri-Met will write legal descriptions, prepare right-of-way maps, provide construction plans and cross-section information for the property. c. Tri-Met will specify use to be made of property. 3 . Real Property and Title Insurance a. State will provide preliminary title reports before negotiations for acquisition commence. b. State will provide encumbrance report. c. State will determine from encumbrance report which are objectionable. d. State will determine sufficiency of title. 4. Appraisal a. State will secure appraisals of properties to be acquired. b. State will make review appraisals by qualified senior appraiser. Page 1 of 3 c. State shall conduct a site review to determine if property is free of hazardous materials • and/or contaminants and will submit its findings to Tri-Met for review prior to acquisition. 5 . Negotiations a. State will tender all monetary offers to land- owners in writing at the compensation shown in the appraisal review. Options taken for more than the approved figure will be documented by an Administrative Justification for the increase in compensation shown on the Option. b. Acceptance of conveying documents prior to recording shall be by State. c. State will provide Tri-Met with all pertinent letters, negotiation records and obligations incurred during real property acquisition. 6. Relocation a. State will perform any relocation assistance, make replacement housing computations, and do all things .necessary to relocate any • displaced parties on the project.. b. State will make all relocation and moving payments for the project. c. The relocation appeal process will be performed by Tri-Met. Tri-Met will promptly establish an appeal procedure whereby displaces are 'informed of the procedure at the outset of negotiations. C. Closing Phase 1 . State will close all transactions. This includes - drawing deeds, releases and satisfactions necessary to clear title, obtaining signatures on release documents, and making all payments. 2. State will record conveyance documents. D. Property Management . 1 . State will take possession of all the acquired . properties. Page 2 of 3 2 . State will dispose of all improvements and excess land. E. Condemnation 1 . Tri-Met will handle entire condemnation process. Page 3 of 3 • 95-a HYDRAULICS CALCULATIONS For TIGARD PARK AND RIDE LOT TIGARD, OREGON Prepared For Tri-Met Technical Services Division 710 N.E. Holladay Street Portland, Oregon 97232 • (013_1300, 14,477 •p clW #:0 1—'1 ORE 4 ✓G�Y26, 15,9 411O THY 0. \ Prepared By KAMPE ASSOCIATES,INC. 209 KRUSE PARK BUILDING 3990 SW COLLINS WAY LAKE OSWEGO,OREGON 97035 (503)635-6291 July 25, 1995 PLANNING CIVIL ENGINEERING LAND SURVEYING KAMPE ASSOCIATES 4, I, INTRODUCTION This Report presents the results of our hydraulic analysis for the proposed parking lot located along the Tigard Cinemas access road, south of State Highway 99W, in the City of Tigard, Oregon (See Appendix A for location). In addition, calculations are included for sizing of the proposed 18" storm drain line along the west side of the site. The purpose of this investigation is to provide findings and conclusions regarding site-specific storm drainage discharge and water quality.This analysis and design utilizes parameters described in the "King County,Washington, Surface Water Design Manual, Surface Water Quality Facilities Technical Guidance Handbook" (August 1991) by Brown and Caldwell Consultants, and "Stormwater Management" (1993 ed.) by Wanielesta and Yousef. Project Description The site is approximately two acres in size and is presently unimproved land. The Tigard Cinemas private access road is located along the west side of this project; business buildings fronting Highway 99W are to the north; unimproved land is to the east; and a drainage stream is to the south. Along the north side of this stream lies a wetland, delineated in a report by Waker and Associates dated June 7, 1993. Based on our topographic survey, the existing ground surface falls generally to the south, at slopes between 5% and 10%, with an area of up to 30% slopes at the northeast corner. The elevation drop across the property from the north to the south is approximately 30 feet on the east side and 20 feet on the west side. The proposed project consists of constructing a 211 space paved parking lot, including sidewalk improvements, landscaping,lighting and a water quality facility. A six-foot high retaining wall is proposed at the northeast corner, and a two-foot high retaining wall is proposed along the south side of the parking lot; (see Appendix B for site plan). Two point sources of storm drainage presently discharge onto the site: • An 18" diameter corrugated metal pipe, located at the northwest corner of the site discharges stormwater from Highway 99W. This water sheet flows across the site and spreads more widely as it reaches the wetland. • A 4" PVC pipe, located at the northeast corner of the site, discharges stormwater from two parking lot catch basins at the auto service business to the north. The existing 18" pipeline is proposed to be piped directly to the creek, as shown. (Sizing calculations are included in this Report.) The 4" line is proposed to be piped to daylight on the lot to the east of this development, as shown. The loop drive and parking lot are proposed to be collected at three standard trapped catch basins and conveyed to the upstream end of the water quality facility. U:\CALCS\91178HYD.01 HYDRAULIC CALCULATIONS-1 July 25, 195 II. COMPUTATIONS Hydraulic Design Parameters • Rainfall intensity return period=2 years. • Runoff coefficient used for this study, C =0.90 for the paved parking lot, including all landscape and other permeable areas. • Design discharge for the storm drainage is determined by the Rational Method Q=CIA. • Design width for the Water Quality Swale is determined by the Manning Equation. • Rainfall Intensity is calculated from the "King County Surface Water Design Manual" (Jan. 1990 ed.) Sec. 4.3.3. Stormwater Pipe Design On-site stormwater pipe for this project was sized according to the Uniform Plumbing Code. The proposed 18" storm drain is larger than the minimum required to convey the 25-year storm; (see design calculations in Appendix C). Currently, an area of approximately 4 acres(primarily a 3,000 ft. length of the southerly one-half of Highway 99W)is served by this line. Using the Santa Barbara Urban Hydrograph Method, a 12" line would convey the resultant peak flow of 3.77 cfs at 1.12% slope. However, it is recommended that an 18" diameter line be installed for the following reasons: • The existing storm drain from Highway 99W to the development site is 18" diameter and downsizing is not recommended. • The upstream drainage basin has the potential of being expanded significantly by connecting the parallel storm drain along the north side of Highway 99W. • Should future storm drainage detention be required in this basin, this line could provide approximately 250 c.f. of storage by allowing the lowest manhole to surcharge 5 feet. Stormwater Quality Stormwater quality will be provided for this project site using trapped catch basins in the parking lot, a sedimentation manhole, a water quality swale (135 ft. long x 2 ft. wide, slope = 1.6%) and an Extended Dry Detention(EDD)Pond(design vol.=2091 cu. ft.discharged over 48 hrs). The EDD pond discharges into the wetland buffer. Our design is based on the summer storm of.36 inches over a 4-hour period;(see Appendix C for calculations). This water quality system was designed to remove 65% of the phosphorous from the runoff,from 100%of the newly constructed impervious surfaces. The design of this water quality facility incorporates both quality and quantity considerations for the transport, treatment and storage of runoff. It is designed to reduce phosphorus species by sorption, precipitation and biological uptake processes. Removal efficiencies are based on Table I-1 of the "Surface Water Quality Facilities- Technical Guidance Handbook" (August 1991). From this Table, the following treatment efficiencies are assumed: Removal Efficiency Treatment Facility (low-average-high) Assumed Efficiency(%) Trapped Catch Basins (10-15-20) 15 Sedimentation Manhole (10-15-20) 20* Vegetated Swale (10-15-60) 15 Extended Detention (10-15-25) 15 Total 65 U:\CALCS\91178HYD.01 HYDRAULIC CALCULATIONS-2 July 25, 195 ? Ct,v1 dao (,(A)2. K °14 *High efficiency assumed, based on using two trapped area drains at the outlet of the EDD pond, in addition to the standard sedimentation manhole. Although not included as a portion of the water quality facilities, based on section 6.09 of Resolution and Order No.91-47,the 25-foot wide"undisturbed corridor" of the wetland provides additional water quality treatment of runoff. In addition,the wetland itself provides treatment before the runoff reaches the receiving stream. Wetland Buffer Grading for the construction of the Extended Dry Detention pond extends into the 25-foot wide wetland buffer area,as shown on the Site Plan. The use of this area for grading is proposed to be exchanged for an area downslope of the vegetated swale to the east. This allows for a net increase in area for the wetland buffer. U:\CALCS\91178HYD.01 HYDRAULIC CALCULATIONS-3 July 25,195 APPENDIX A (Site Location) U:\CALCS\91178HYD.01 July 25,195 t VICINITY MAP SK.yo// B/✓d. r 6eo` .,./o 0\T9oro g\N 6,4> N�'yg 27 j � Pa �f;c 5 SK.creeob_ 9 good 1111111°'' . PROJECT SITE g9 41 / \\N........... . S ., 14144.N...... 3 h o o a) m c o cu Co o c 3 3 SW Durham Road II NO SCALE I APPENDIX B (Site Plan) u:\CALCS\91178HYD.01 July 25,195 A • B • C o D • E • F • G • H • �\ RIM 205.18 w / / / \ Il _ _—G- `\ LYNCH TYPE) ",! _ -i _ _ _ - _ c t G-- G G-- c G c G G G 1 �' G STA 0+00 Exrnua p�j ' r h'l� CIN:BIAS �1 CC SS f�0_�I� / CT-008 "E OF . L M r STA 6+42J5 (\ BA QF CURB LOCATE arc 72' M417ER X9.5'Q'T T FROM LWE STD Df13 279'LT LOCALL IT"E B' TAPPER � /yA�py) LOCAlE E�7ST_-11� SG°t •• C7 SLEET£AND a'GATE VALVE 12 ��Ty0 A/ '„ N- \ o M1S77ALL DOLiE Aril ORAIV \EtSTALL FIRE HYDIRAMT ASSEMBLY LEA i� L'JC OUTS ; N26 r� G� Rs'--y�Tw�tsur�r\� ® a'43'M.J. BEND •I. - • 40 OUT S£ \ TYPE E()/Q0) \ �Cr WA ALiERLlAE ON' /!S►BBB B F M nu, LEA it Er Nw 1 -- I \ _ _sr L€- sr sr sr a tie • i i.maff 4-coN •. rl�T.3�;1 •..., .i"�ir g•if '��a'8�giii ��' �' '. • •.: �B��I�t0! • ..r •� rw.)CB s IPW 204.4! • P U. BM ���� I —, -- 71 7 (try )// 14r40b' \\ ,g r , Jl LP.. 1a.PV -44a `' - � .------ -----c a.. .i�F,72412J3.66 y• \ \ \ II \ • • FOP y ?7 \ X7 G R ARI7I♦�sL \ ' 1.861\ \ I I ti \ , \ ar QJ I I \ I \ 1, . , _r��,(p��p/ ���[-'�\_�f I l4 I \ - 2 ► T PR07EGTION — I I�I \\ I= _!- -----\ - ----�r---- I --- -� ' \ , I PVC PERFORATED PPE 13 1 —1S �� 1 ` !Cr WALL MEND\\\■201.90 ` OETENVO II _ ARM>iwALL CENTER / I ) ! TIGARD \\. \ III ooNSr eLOQKaur IN WALL ' x'04 OPP/CB ,�G pA4EAIENr CINEMAS n4-LOON00k, \ �I lh 1 �st �iy(K r: . :LL , 1 GRAVEL BUILDING ! ! L PUNE \ ( I \ r ! 1:L :\61‘ \\\\ a - \ \\ A 5+4Q57, 19"RT 1 / \ ! • `�! 13 SVALE ,\ \ - 1Y ALL IRAPPID.TCr! a \ { ' I \ \\ \•\', \ \ \ L -22!2 -- ----- ---------- I - -- ` ' _ J 7 .„._ ..._\ \\,,, \ \ I \ko,,,,„ ,\ \�\ , ��r,�a�Lr� I ' , ; i -._.. _.. • _ .1\ \ \,„, _-____., \ \ \ \. \\ \\ \\ \\ � \ / / w4.- rwwNG .„ 3 GRAPHIC SCALE \ \ \ \\ \ \\ \ \ ( r A✓ i► �`I LE- / `\\ \ s s cP a DIP L �'►' CONST. acoaraur sv RAU \ \ \\ \ \ \ STA. 3+29.38. 17ST RT S d SM. 1+1a2Y 2J8 w/1'1!L dFi1RANCE \ \ \ \ STA 4+61.40 11.r at, INST . 1+71 ► I 1► \ sTOR"VC\ \ \ \ \ �. TRAPPED cat riti°274.00�\\\ \�. \\ W \ \\\\ /57TtD�QLNtQ CYIYER 13 6 - —- ' - � I , , iA s:E si O^,,.. C 5 LP w ■ \ \\\ \ \\\ \ \\\\�\ \ t 100 L : a'PYC 30r 100 L F.rime s.aac ?u / \ \ \\b' \ �STA. 27 L r \\ 1 ! �� ��22346 \ \\ \ \ aL� s- d°i' ILI J ( ��� Sr.11+87 1st LT` �� AU \ ! 1� \ '� T ¢z.• ) imArExr�c 4•NfP►cw�wcATxK q \\\\\ \\\ \ \ _.. .. .. — — _/ —..�.. —l. .. !1 I I LD/A'C 1 stti 4+,a�x]4�za Lr I ! I ry , a wAU As svowl rY 17 r/Y uArat SLOPE E7rN. AZI GRAN \ \ Nt \� a"r \ I - I�!> --—'�1�—-—1/452- -' -I s'I�—- 1----.201,__.-2-44 'I I \ \ i an 4'PVC BELOW opM /NC 1 2 IrPONO , SLUG* /a•• \\\ \ \ STA,4r 2R r L� I / ———— .4►� .:. \.7 \\ \ �\ J N .7C- \\ n I I A \ \ \ QLir _ __A .I♦—�, �0 \\\ \, \J \\ ! Ta Pt I BUFFER ! �— ' \ \� r .r•-r• 6-MV. I•PVC PPE �` II 1 l \ r• ra IC\BOUNDARY t2-ABM. is \ /�EClldll --..\\' \ \ \ N L\--........ ---"" --Ir� r \\ \ \ y i - \ \ \ �/Fr 5 I DOUBLE AREA DRAM TYPE II UAOD.f 1 \\ \\J \\ a Rw L2r1.4s I I — —— 20176 1 I \ , k .E.OUT 204.23 , AL TS � \ \ \ � I . I ,LA 05/23/95 J TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON DESIGNED DATE TIGARD PARK AND RIDE TJF �` 0 '9' Site Utility Plan ' —DRAW— DATE PIN 07ne/9s P TRI—MET dEExED DATE O - ,, LAM MALOCL MACH Tigard Cinema Access Rd./ Pacific Hwy. 99 ( 3)A3-A ',spa)).Tasmm ,tea. III DATE 8T' .APPD. REVISmIS APPROVED DATE SUBMITTED DATE ti^t Ri7�F9 DATE' Sfll:: - DRAVING ND. CUITCI.iT n;. LT::.._.S...O/ T4 --- 7/2)/95 ' !' 20� CT-003 96--OIJTi �•.:. .--�cx- .z-.max.riv....��-_.c .r�ws�-r- + a�� -- •c>�. APPENDIX C (Calculations) U:\CALCS\91178HYD.01 July 25,195 OFF-SITE STORM „a,,ml CALCULAilanlS 7/10/95 Page 1 HYDROGRAPH REPORT RECORD NUMBER : 1 TYPE : SANTA BARBARA DESCRIPTION : 25yr-ultimate [HYDROGRAPH INFORMATION] Peak Discharge = 3.77 (cfs) Volume = 1.29 (acft) Time Interval 1.00 (min) Time to Peak 476.00 (min) Time of Base = 1440.00 (min) Multiplication factor = 1.00 [BASIN DESCRIPTION] Watershed Area 4.13 (ac) Curve Number = 98 [TIME CONCENTRATION -- USER DEFINED] Time of Concentration 8.00 (min) - [RAINFALL DESCRIPTION] Distribution Type SCS IA Total Precipitation 4.00 (in) Return Period 25 (yr) Storm Duration = 24.00 (hr) Impervious Fraction 0.95000 SEWER PIPES Enter up to 10 pipes. Enter (Return) only for flowrate and diameter to end. FLOWRATE DIAMETER FRICTION SLOPE VELOCITY (CFS) (IN) (FT"1/6) (%) (FPS) 3.77 12.00 0.0130 1.12 4.80 3.77 15.00 0.0130 0.34 3.07 3.77 18.00 0.0130 0.13 2.13 PLANNING ENGNEERING Project No. 9111S Page 1 Of L- • LAND SURVEYING Project 1-1 PA-764_ KAMPE ASSOCIATES2 Description -\---tti?..prAIL_ CAccS F1-)4•1 209 KRUSE PARK BUILDING 399°S.W CC'WNS WAY Calculated By I ‘1,v) Date 5- P -9 (5031 635-6291•FAX(503)635-501) COMPUTATION SHEET Checked By Date ,17,11) Fer.io 51Z-7.16-) Fizowl 0670 of rA PEA&lovs rivz. 0,34, , L4 44 <.,,,ses4 =. 04e, Pr3/5“- :( tt- P.6w0 . • 172, ?0,t, voLonflE = 6:ritetet/ioos PE ) 1c(p.36, J4) .; I.40 Aesv.., simakiaja7-), AL. IL Z09 1 Pr 3 C.,• SiEE. e)(1, 01/TFLot.) • • ist rT72 efarvp obuot.) ,() IL) 'FT3/5E4._ des (ilecorp;if,,fr -rwc) 5400 SEL. rag. 51+AllP EQ oeof± a= Ca A 47z..-7-\ co.f.sc..) vz _tz .0.011,1 9 /X4- " Zt 3 z t filst.t..' ( 6124-4 CismiViar) A h fi 64) A ix a ,orn rr3I5E, , .0(2.I /sc(?) ( ET)11/2- e6 ,00tS cTL. 5(s INC- -z-rt U.Sc /4!) DIA petwia D. us vPAE- fkg€45s PizikuNi 0-1T1- 17, 51124L1Viee (SEE cr.416 -, FILLceS v ffewi FiN60,6 LbI • I4.7- 1 o DC. `ACI9E5 -71). 15c1 (-1-0 MATC14- WALE. Stait PA-J17,0 (A1114 E2f ArZ VEZ tio9W#f06 SPE cc> . , 61, 12,0,417 Gc6mETit-; rotwit,teriv14..iLizt3e., Frprz 1-7 t I I t -.} ENGINE"NNINGERING Project No. 91 1"18 Page Z Of Z Project "TTC-iP C.i P A EIDE KAMPE ASSOCIATES Description Par19 ( 6� (gtcAPT- r■aS 209 MUSE PARK SALM* tAja o" Calculated By 'tiivy∎ oTh 5 Date -In-95 (503)635-6291•FAX(50.3)635-5450 COMPUTATION SHEET Checked By Date h 1- _ ,c CE+uGm4 = rju1 J = (AcrPt2,t4Q> LL = ToG Lr&u i. _ lo$ u!fl si 215 (Zoo -t 149(,-r 4(16ii) v1 y , = 2Z' = 511■ al. = 7.15 LtL /W,iw1z11 _. (51)R - 167 A ,: Lw1 = (q+)(5c = zoo A,.= 11.0,,= (2-)64= I`M 9 714bs trtlo eos rw+novAL LA) t - aygi 0-44c AL T?P9Po EPc4JS 102 - ?Jo% IS`7, ?;,) ■ crcr GNrtt(r( s,,, t,� 1076 ►570 E T ∎JbED D 'farad I0'4 - I57o-LS' 1 57° b) sE A M rAni ri 4 t%iM tx. 074 l b 7,- Zo'4 _ z0.7-0 p,or5eD 6.1__ Sep, 'IAro t Z 1jk9V D; PEA vZ J$ Avr oar r [76^11-.) PLANNING ENGINEER CM. ING I FA Project No. qn.---1B Page I Of 4 LAND SUFNEYING Project --1-1E7PrtZD Thiel& o KAMPE ASSOCIATESi Description -f ciZorotAC.. 1$61 209 KRUSE PARK BUILDING 3950 SW COWNS WAY Calculated By LO Date LAKE OSWEGO,OREGON 97035 (503)635-6291•FAX(503)635-5480 COMPUTATION SHEET Checked By Date ES'IIKAT - OP 1,Ji-;t:1- 061674 FPrre* 44g, fk• teS.7640? Fl2s4A *U14 A&E,0114.7i WIrAliEL Kart k*:3144.5 I giE 3A 4, L = . ikc L Z41100 OP.9414C (-P t) F 12,, Ai* lvdopf: Pato e•fre L 6 lom*/no A.1.4c.54aRc ( r/r-i) POC • nthAtisho 6u6 'W' ' , OF odb FrV.:sek. I- i^rnzaorm4/ aeitifc 6,14e) s = eq‘ Fifor : ; Ce_pLAS1-4141" (S/Att.511IT thuir eavvr4S.14) -= 0.15 cog C4isect7e HJAcre477,1,1 = &L 4/the (14,74•140 al ilk) 6IDE St4P6 = 31.1: 1 V - K- q100 (Thu_ 7 1 0 suesn7vn/46 „, 4.7 (q506) (Dila) (.0/(9) (1470Dic_!3Le )( ) = /3, /2 5 pr (•Z6)34 (a'1') P. 2,q 1 1; Fr 0-1 40qa,vsba: Cii O 544416- A1(CtS5P1 eg' IniritiVorpohl pc"/1qtc- 124'40)%c is Vpliee450L.1"1311 Lt,-/v6 (.9me4fl..ci) 7t• 1 Aver4 1(4-1/Altigia- • lirsteei!Polefm_ 644plike i4 i.cloriftuft_ p&i,* 1140P . Pce-isumg. PA,0144x3 Thr 4A 11j4) 7*AT giAiVieCr) 115Y Mid") , 414, OrtiOrDt ‘tiptAr \)4.°' ko -4)674 h. cleo, 0C. .stAtiod) "Le cit* hbf.-11.4e. (le , • V0 saetAirN UH1.4,5 v - . . . CML ENGNEERING Project No. 611 I7g Page Of 4 PLA"ING Project 'I\ Pref.) 4 KAMPE ASSOCIATES 2 Description 1--\--(i74ANAtL 209 OWE PM(BUILDNG 3990 S.W.COUNS WAY Calculated By -Vt.° Date r7-3I-9 (503)635-6291•FAX(503)635-5480 COMPUTATION SHEET Checked By Date !.PPAP1' Piqb—E 114.46VAL-- 644.41L) -- ; ! = rek (ik 3.!` G = EATE1 ti-r3bet) • • ; . zoti ...... ,012..1 ' .42. ,.qg);rite) wirmys..J &AC L. ............. 3c,00( 0 la.1) • (see. peove). . . \). = z, 01411 ftitig, -L6 4- • 1124-rIA --1-Fka LE 1,5 ti P.2-V71 WPesyhe AT: )■.14.1406.V.4 car", S. OF P Zo-410 0.35 45*-4 :ard4e4M- gOr-JaaPtSLE_ 0 12 -TAt. . DC414.4 -5100-4 ... Ater PPre-A-Mart.. M fk-C4 — 1•1041- > r tar o.‘F) flAtst c_ F.Usu.)gitTE fre4 0 ..epirnowl AA = 5 De stbpe (1-tocieli)ocr.) . Ligag....0.140EL 14,= 0,2-5 AV6 44-Pc. QI tJ illef*40416 eagel0 `(= o.zto Fr Row pePrk; A= o.72. .40.r..#1 .... P = 3.(4) PT ! 4.t.re11Ts• FEet M&irk VA. 1912.5 FrISEL_ Roo vaDary F. 0.10 6upE Ovmeseis43-egaleAt) avt ENGINEERINGPLMNING Project No. 9) I"1$ Page 3 Of 7MiD sum.Ewr� Project 1162AiZI) 1A•KK Q>DL KAMPE ASSOCIATES Description R'SP U - CAL:-.404-1-10-05 209 IQAISE PARK lULDINfs 39n,.c....9.7r Calculated By U) Date s-�I-' 5 w�oav�co,oaECOr,9ro35 (503)635-6291•FM(503)635.5480 COMPUTATION SHEET Checked By Date 4,t/M-E- /s,6I4 (i6-141-.) L= 13,5 --r-7 -E ° 1225 F- _ I M IS.}_ 9.0 MIr3 . Khr.c. 0.25 Fr/Sec. 10 —I 0 QM)D►1` o MR-nlrJ,JJE "),•11 feg. 514-41.1c0) Rm.-3'. 20tetk►cE: T# . e �.8 , P. z Q4.1D -rwaie 7,01 )P, z,47 ''s-ra2,Na,mse rvi otflttrM" ) LOA N►EtisrA YoUS F Pest r4 , a O 62k5S S PCI,t I't t W ITa &f ParJoi )r(L ksabe S 7A RE-D PeSW . PfAZ UtcrJi,icAve 5i7£-.('lc4'fiw 2D V= 0.25 F1 1.5u. K.- A 4111-f ec 14f Da c- efrp 5 P A= X-5ec F fracA. 1 1,JE rtD ftei M[L'EP .7 Z. O.Zo F2 '17V3LE 7,8 , >J 7 O.1 o lam 111-131.C.. 7.1 nl = O.v. (0E05£ 6Rik5s) -(1Ztio-Az , D.11 To 036) Few► -�-�� oy,ilEessen04 lLee wAt$CZ- . J•siwir sieft,c A6E.44, Met IiW6 "*j" _Pad 621t554 %rn 44.41501-D B . O.ZS oR 0.3o — Cenuew )orsi: U . of 0.25 IS VA-up. Lmrcg.Alo7J5 etizak ((NU.uDCS )^y Ib12 PiIk.srt iS,LAr Fp$) _ (n$,Gqo Taft S7-1 At. A-c-. KING COUNTY, WA LINGTON, SURFACE WA '. R DESIGN MANUAL "IR" Peak Rainfall Intensity The peak rainfall intensity.(IR) for the specified return frequency (R) design storm is determined using a unit peak rainfall intensity factor (iR) for a given return frequency (R) design storm using the following equation: IR = (POOR) where: PR = is the total precipitation at the project site for the 24-hour duration design storm event for the given return frequency (from the Isopluvial Maps in Figures 3.5.1C through 3.5.1H) iR = (aR)gc) �tR) ; the unit peak rainfall intensity factor Where Tc = time of concentration (minutes), calculated using the method described below only (T, minimum value is 6.3 minutes) aR and bR are coefficients (from Table 4.3.3B) used to adjust the equation for the design storm return frequency (R) This "iR" equation was developed by SWM Division staff from equations originally developed by Ron Mayo, • P.E.. It is based on the original Renton/Seattle Intensity/Duration/Frequency (I.D.F.) curves. Rather than - • requiring a family of curves for various locations in King County this equation adjusts proportionally the Renton/Seattle I.D.F. curve data by using the 24-hour duration total precipitation isopluvial maps. This • adjustment is based on the assumption that the localized geo-climatic conditions that control the total volume of precipitation at a specific location also control the peak intensities proportionally. Figure 4.3.3A has been Included to demonstrate that this unit peak rainfall intensity (is) will generate a curve with the same characteristics as the historic 25 year I.D.F. curve. Note, Te must not be less than 6.3 minutes or greater than 100 minutes. On the historic I.D.F. curves the lower limit was set at 5 minutes, 6.3 minutes was selected based on the mathematical limits of the equation coefficients. TABLE 4.3.3B COEFFICIENTS FOR THE RATIONAL METHOD 'iRU -EQUATION DESIGN STORM RETURN FREQUENCY (YEARS) as b R 2 Year 1.58 0.58 5 Year 2.33 0.63 10 Year 2.4.4 064 25 Year 2.66 0.65 50 Year 2.75 0.65 100 Year 2.61 0.63 • 4.3.3-3 1/90 KING COUNTY, WASHINGTON, SURFACE WATER DESIGN MANUAL • FIGURE 4.3.3A RATIONAL METHOD UNIT PEAK RAINFALL INTENSITY(25 YEAR STORM) "i25" 0 - L, L(, _ co LC, / - f--. r o - LL-3 _ LO - o • - LO U-3 - L-3 v LL-3 a) - c u - Lf3 r3 N - O - N - Lr) O 6.3 Minutes Minimum = LC, 1 I 1 - 0 0 0 0 0 0 0 C> o Q) CO 1'4 lg LO d' tr3 N O O O O O O 6 O O O O 125 (Inches/hour) For basins with TT longer than 100 minutes • use the Hydrograph Analysis Method to obtain OR . (See Section 3.5) 4.3.3-4 1/90 • • r 1' • .. .•• .:•.. -... 6 ill . ii) •2 . . , • . . .4.-.;.,,-.S. i..42t,;•.. ,-"'.. .,...-....'1...-..-.-..•,.:;T• .,, !• wilop...• '{ •Irv' - , �. 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M!,>.i'414 t.1 ...144• { - .. •!:'. •:•' ••• ... �•f,..vi\taJ,'•l' +v'3•rw*iut ...--.. k�;� . ut., � ✓ 'bi�'.�iUDL1Js�`1'tiii•Y��•$!�� �. _ -• {'rT 1r ✓ .:fit ,-....,-1,...,Y f` .. r; •R`, �.o k.:. r. INTRODUCTION AND SUMMARY • Table I-1: Removal efficiencies anticipated for treatment facility groups (low-average-high). PollutirinfReritoval Efficiency(pere.rttj Treatment 1 Fealty TSS Total P N .800 Baotrii 0\Grease Metals Infiltration ] infiltration NR 65-75-95 30-40-60 66-70-85 80-85-95 NR NR 1 Trenchers Infiltration NR 50-80-95 30-40-65 70-80-90 80-85-95 NR NR Basins I Infiltration NR 66-75-95 30-60.70 85-75-80 80-90-95 NR NR Sumps I Porous NR 40-50-75 20-30-40 10-10-20 10-10-20 NR NR Pavement Roof Drains NR 65-75-95 30-50-70 65-75-80 80-90-95 NR NR IPond-Marsh Treatment 65-85-95 20-45-80 10-25-40 40-45-80 50-75-95 NR 55-80-65 Wetlands I • Wst Ponds 80-80-90 20-40-50 10-30-45 30-35-70 30-50-70 NR 50-55-65 ` Extended 50-60-90 10-15-25' 10-15-25' 20-30-40' NA NR 15-20-30' Detention I ` a Street & Storm Sewer Trapped Catch 20-30-40 10-1E40' 10-15-20' 10-15-20' NA NA 10-15-20' IBasins Water Quality 20-30-40 10-15-20' 10-15-20' 10-15-20' NA 50-85-76 10-15-20' Inlets I Sedimentation 20-30-40 10-15-20' 10-15-20' 10-15-20' NA NA 10-15-25 Manholes Vauha/Tanka 20-30-40 10-15-20' 10-15-20' 10-15-20' NA 20-40-50 10-15-20' IIrandsceping Vegetated 40-50-76 10-15-80 10-15-55 20-25-80 NA 50.85-80 20-30-50 I Swales Constructed 50-80-75 20-30-80 20-30-80 50-55.75 NA 80-70-85 30-45.85 Filters Strips IRiparian Fitters 50-85-80 20-35-85 20-35-85 _ 50-80-80 NA 80-75-90 30-50-70 Source: Columbia Slough Planning Study (1989); Lake Sammamish Water Quality Management Project I (1989); Wright Water Engineers (1990); Schueler (1987); project team experience. NR = Not recommended for removal by this facility; NA = Not available; • = Estimate assuming 50% particulate fraction. Rates based on single facilities, 1 % catchment ratio, and 3-foot depth where applicable. I 9 GUIDANCE HANDBOOK 1-6 8/91 PRE - APPLICATION CONFERENCE NOTES CITY OF TIGARD PRE-APPLICATION CONFERENCE NOTES NON-RESIDENTIAL DATE: A R( M rl )44F15 APPLICANT: AGENT: / NO% Phone: Phone: 0:R9 - 10 PROPERTY LOCATION ADDRESS: TAX MAP & TAX LOT: 15/ .36 D - -9600,,96,o.Z NECESSARY APPLICATION(S) : bet15642)/04kTr- 7a7LIMIL) PROPOSAL DESCRIPTION: 'PARE- 6 El in F Q(f 7y COMPREHENSIVE PLAN DESIGNATION: ZONING DESIGNATION: C C ZONING DISTRICT DIMENSIONAL RSQIIIREMENTS Minimum lot size: sq. ft. Minimum lot width: 50 ft. Setbacks: front- —' ft. side- ' ft. , rear-— ft. garage- - ft,.- corner- ft. from both streets. Maximum site coverage: SD% c Minimum landscaped or natural vegetation area: /6; g Maximum building height: Weft. ADDITIONAL LOT DIMENSIONAL REQUIREMENTS Minimum lot frontage: 25 feet un lot is created through the minor land partition process. Lots ated as part of a partition must have a minimum of 15 feet of ontage or have a minimum 15 foot wide access easement. Maximum lot epth to width ratio of 2.5 to 1. SPECIAL SETBACKS Streets: ft. froine of Established areas: ft. from Lower intensit nes: ft. , along the site's boundary Page 1 SPECIAL BUILDING HEIGHT PROVISIONS Building Height Exceptions/ �•e Section 18.98.020) : ' ldings located in a non-residential zone --- •e built to a height o „...„0; feet provided: 1. A maximum��`• • (building floor area t -ite area ratio) of 1.5 to 1 w±/ Xist; 2 . All -X• al building setbacks 11 be at least 1/2 the bui •ing's height; and 3 . The structure will not abut . residential zone district. PARKING AND ACCESS Required parking for this type of use: /44 Secondary use required parking: Lt0 t. AMR of required spaces may be designated compact-only spaces. Standard parking space dimensions: t. SIg )l /0 Compact parking space dimensions:....8_5 ft. -K 15 ft. g k l q r Disabled person parking: All parking areas providing in excess of five required automobile parking spaces shall provide appropriately located and designated disabled person parking spaces. The minimum number of disabled person parking spaces to be provided and parking space size are mandated by the Oregon Revised Statutes and Americans with Disabilities Act (see handout) . A handicapped parking space symbol shall be painted on the parking space surface and an appropriate sign shall be provided. Bicycle racks are required for civic uses, non-residential uses, commercial uses, and industrial uses providing 15 or more automobile parking spaces. Bicycle parking must be provided at a ratio of one bicycle rack space per 15 auto parking spaces. Bicycle racks shall be located in areas protected from automobile traffic. The Planning Division can provide specifications for approved bicycle rack types. All driveways and parking areas, except for some fleet storge parking areas, must be paved. C2 A CC.. -SS DRI\)e ii Drive-in use queuing areas: i e% �) �L i .� Minimum number of accesses: -30(W 1`N'-T t{ Minimum access width: 24 ft. aL-(—` ENJ Maximum access width: 40 ft. Pedestrian access must be provided between building entrances and parking areas, outdoor common areas, and public sidewalks and streets. Parking area landscaping and screening: Required. See Landscaping section below. l ZCep / —7 cv, c._ For detailed information on design requirements for parking areas and accesses, see Community Development Code Chapters 18.106 and 18.108. Page 2 CLEAR VISION AREA The City requires that clear vision be maintained between three and eight feet above grade at road/driveway, road/railroad, and road/road intersections in specified clear vision areas. The size of the required clear vision area depends upon the abutting street's functional classification. No buildings, signs, trees or other visual obstructions are allowed between 3 and 8 feet above grade in these areas. LANDSCAPING Street trees are required for all developments fronting on a public or private street or a driveway more than 100 feet in length. Street trees must be placed either within the public right-of-way or on private property within six feet of the right-of-way boundary. Street trees must have a minimum caliper of two inches at four feet above grade. Street trees should be spaced 20 to 40 feet apart depending on mature tree size. Further information on regulations affecting street trees and a list of recommended street trees may be obtained from the Planning Division. A minimum of one tree per seven parking spaces must be planted in and around parking areas in order to provide a canopy effect. Landscaped screening of parking areas from views from public rights-of-way must be provided. SCi�ex /,n04 OF 7?4',:',Cg✓c r —1` BUFFERING AND SCREENING In order to increase privacy and to reduce or eliminate adverse noise or visual impacts between adjacent developments, especially between different land uses, the City requires landscaped buffer areas along certain site perimeters. Required buffer areas are described by the Code in terms of width. Buffer areas must be occupied by a mixture of deciduous and evergreen trees and shrubs. Site obscuring screens or fences are also required in some cases, and often are advisable even if not required. Required buffer areas may only be occupied by vegetation, fences, utilities, and sidewalks. Additional information on required buffer area materials and sizes may be found in Code Chapter 18.100. Required buffer widths applicable to your proposal area: ft. along north boundary ft. along east boundary ft. along south boundary ft. along west boundary In addition, sight obscuring screening is required along Page 3 SIGNS Permits must be obtained before erecting any sign in the City of Tigard. A "Guidelines for Sign Permits" handout is available upon request. Additional sign area or height beyond Code standards may be permitted if the sign proposal is reviewed as part of a development application. SENSITIVE LANDS Other Agency Permits: ADDITIONAL CONCERNS OR COMMENTS IC-t h-tE.c-rii kft lc` L 570IEJI.)( A415 q5-11-/ Fib pi s 4--(3—( ;:hc t0-r3 9 WE-7i4JJb 'j1 ii■)6/+-C1dN w.. 'DS( ZOFFET . REVIEW PROCEDURES C.-----Staff review. Public hearing before the Land Use Hearings Officer. Public hearing before the Planning Commission. Applications must be accepted by a Planning Division staff member at the Community Development Department counter at City Hall. Applications submitted by mail or dropped off at the counter without Planning Division acceptance may be returned. Applications submitted after 4 PM on Thursday will be batched for processing with the following week's applications for processing. No applications will be accepted after 4:30 PM. Maps . i nsi t ed 0::::an a rp . cat nn sha11. be ®1.ded *,n ad 0 s by i i 6413e0 One 8.5 inch by 11 inch map of a proposed project should be submitted for attachment to the staff report or administrative decision. The Planning Division and Engineering Division will do a preliminary review of the application and will determine whether an application is complete within 10 days of submittal. Staff will notify an applicant if additional information or copies of the submitted materials are needed. The administrative decision/public hearing typically will occur approximately days after an application is accepted as complete by the Planning Division. Applications involving difficult issues or requiring review by other jurisdictions may take additional time to • Page 4 cp6.-5/5lc 17,E/C-et7ioid OF deEz. -r �-✓C�L�g.�v��. IV :,1-6 6- eop p41 6A/ 77 4 /oc> r70.4 M y &AirrAcr et.ir c G.4 J b5M4AJ of as aye ,1 44( -A0- R. l(2ei►v1 Vile All review. Written decisions are issued within 10 days of public hearings. A 10 day appeal period follows all decisions. An appeal on this matter would be heard by the T\ilaa,i,sJC C i�lANo s,0 ►„) A basic flow diagram illustrating the review process is available from the Planning Division. T'he p' e-appication' conference ancl" the ``note's of "the '''conference are intended to inform the prospective. of the primary Community Development Code requirements applicable to development of a particular site and to allow the staff and prospective applicant to discuss the opportunities and constraints affecting development of the site. The conference and notes cannot cover all Code requirements and aspects of good site planning that should apply to the development of your site plan. Failure of the staff to provide any information required by the Code shall not constitute a waiver of the applicable standards or requirements. It is recommended that a prospective applicant either obtain and read the Community Development Code or ask wxy questions of City staff relative to pde x-ec ireTent p ox tQ subm .ttz °fin appl c:ation Another pre-application conference is required if an application is to be submitted more than six months after this pre-application conference, unless is deemed unnecessary by the Planning Division. PREPARED BY: �' 1 k �, ) h1\3�� A PLANNING DIVISION Page 5 PUBLIC FACILITIES The purpose of the pre-application conference is to: (i) identify applicable Comprehensive Plan policies and ordinance provisions; (ii) to provide City staff an opportunity to comment on specific concerns; and (iii) to review the application review process with the applicant including identifying who will be the final decision maker for the application. The extent of public improvements and dedications to be required of the applicant will be recommended by City Engineering Department staff and approved by the appropriate authority. There will be no final recommendation to the decision maker by City staff until all commenting agencies, City staff and the public have had an opportunity to review and comment on the application. The following comments are a projection of public improvement related requirements that may be required as a condition of development approval for your project. Unless noted otherwise, the primary contact for questions related to public facility issues is Engineering Departettent, 639-4171 Right-of-way dedication: The City of Tigard requires that land area be dedicated to the public to increase abutting public rights-of-way to the ultimate functional street classification rights-of-way width specified by the Community Development Code. — 4z� (44 /1/`0 ,a2/4025. P 774 Approval of a development application for this site e will requir dedication of right-of-way for �/ . 1. /�1/v�''►"//i- to feet from centerline. �$ A477 Peo ) PLC- oo° 2. to feet from ce�ntter/l/innee. :R7� Street improvements: A//44-- V /2/ ! ,L,l`' P R61/�� 1. street improvements will be necessary along Needed street improvements will include feet of pavement from centerline, curb and gutters, storm sewers, a five-foot wide sidewalk, necessary street signs, streetlights, and a two year streetlighting fee. 2 . street improvements will be necessary along Needed street improvements will include feet of pavement from centerline, curb and gutters, storm sewers, a five-foot wide sidewalk, necessary street signs, streetlights, and a two year streetlighting fee. Page 6 In some cases where street improvements or other necessary public improvements are not currently practical, the street improvements may be deferred. In these cases, as a condition of development approval, the property owner(s) must execute a non-remonstrance agreement which waives the property owner' s right to remonstrate against the formation of a local improvement district formed to improve 2 . Pedestrianways/bikeways : /VA— Sanitary Sewers: The closest sanitary sewer to this property is an inch line located . The proposed development must be connected to a sanitary sewer. It is the developer's responsibility to extend the sewer along the proposed development site' s Water Supply: The -- • .- - D - .4) -eor the Tualatin Valley Water District (Phone: 642-1511) provides public water service in the area of this site. The appropriate Water District should be contacted for information regarding water supply for your proposed development. Fire Protection: Tualatin Valley Fire and Rescue District (Contact: Gene Birchill, 526-2469) provides fire protection services within the City of Tigard. The District should be contacted for information regarding the adequacy of circulation systems, the n d for fire hydrants, o other questions related to fire r e ti icl/`'gE^ U peJ 7 7 - Other Agency Permits: /`' TRAFFIC IMPACT FEES / //A In 1990, Washington County adopted a county-wide Traffic Impact Fee (TIF) ordinance This action placed into effect an increased street development fee on all new development in Washington County. The City of Tigard has adopted the county' s program. The City Traffic Impact Fee program will collect fees from new development based on the development' s projected impact on the transportation system. Developing properties will be required to pay based on the number of trips they are projected to generate. The TIF is calculated based on type of use, size of project, and a general use based fee category. The TIF shall be calculated at time of building permit issuance. In limited circumstances, payment of the TIF may be allowed to be deferred until issuance of occupancy permit. Deferral of payment until occupancy is permissible only when the TIF is greater than $5, 000.00. Page 7 STORMWATER QUALITY FEES/FACILITIES The Unified Sewerage Agency has established and the City has agreed to enforce, Resolution No. 90-43, Surface Water Management Regulations, requiring the construction of on-site water quality facilities or fees in lieu of their construction. The resolution requires that a fee and/or construction of a water quality facility be built. The fee is based on the amount of impervious surface; for every 2640 square feet or portion thereof, the fee shall be $280. The City of Tigard determines if a fee or facility shall be built. 75- /014-ea-1 7y /'Z f 1//CErQ Necessary storm sewer improvements: OP— S1TT •YP,Z'uoyy shy , 4 y 6 STREET OPENING PERMIT No work within a public right-of-way shall commence until the applicant has obtained a street opening permit from the Engineering Department. FINISHED FLOOR ELEVATIONS On all projects that require a grading plan the applicant shall submit with the grading plan a typical floor plan for each lot which shall have the elevations of four corners of that plan along with elevations at the corner of each lot. PHONE: 639-4171 jo:preapnon Page 8 Staff ' J Date -?>' —j CITY OF T:LGARD COMMUNITY DEVELOPMENT DEPARTMENT APPLICATION CHECKLIST The items on the checklist below are required for the successful completion of your application submission requirements . This checklist identifies what is required to be submitted with your application. This sheet MUST be brought and submitted with all other materials at the time you submit your application. See your application for further explanation of these items or call Planning at 639-4171 . ITEMS TO BE BASIC MATERIALS INCLUDED: A) Application form (1 copy) ['']� B) Owner' s signature/written authorization [-T- c) Title transfer instrument / a� [-I- D) Assessor' s map [ .] E) Plot or site plan [-I- F) Applicant' s statement r,J (H) Filing fee ($ "3EE ) [� SPECIFIC MATERIALS A) Site Information showing (No. of copies i ) : [�- 1) Vicinity Map [� 2) Site size & dimensions [� 3) Contour lines (2 ft at 0-10% or 5 ft for grades > 10%) .. 4) Drainage patterns, courses, and ponds 5) Locations of natural hazard areas including: a) Floodplain areas [ ] b) Slopes in excess of 25% [ ] c) Unstable ground [ 3 d) Areas with high seasonal water table [ ] e) Areas with severe soil erosion potential [ ] f) Areas having severely weak foundation soils [ ] 6) Location of resource areas as shown on the Comprehensive Map inventory including: a) Wildlife habitats [ ] b) Wetlands [ ] 7) Other site features : a) Rock outcroppings [ ] b) Trees with 6" + caliper measured 4 feet from ground level 8) Location of existing structures and their uses [� 9) Location and type of on and off—site noise sources [ 3 10) Location of existing utilities and easements [44-- 11) Location of existing dedicated right—of—ways [ 3 B) Site Development Plan showing (No. of copies J R ) : 1) The proposed site and surrounding properties [-r' 2) Contour line intervals 3) The location, dimensions and names of all: a) Existing & platted streets & other public ways and easements on the site and on adjoining [L]/" properties APPLICATION CHECKLIST — Page 1 b) Proposed streets or other public ways & easements on the site. [ ] c) Alternative routes of dead end or proposed streets that require future extension [ 4) The location and dimension of: a) Entrances and exits on the site [�}" b) Parking and circulation areas c) Loading and services areas [ ] d) Pedestrian and bicycle circulation e) Outdoor common areas, [- ] f) Above ground utilities [4--]' 5) The location, dimensions & setback distances of all : a) Existing permanent structures, improvements, utilities and easements which are located on the site and on adjacent property within 25 feet of the site [—r b) Proposed structures, improvements, utilities and easements on the site Gi]� 6) Storm drainage facilities and analysis of downstream conditions [-]- 7) Sanitary sewer facilities [. ] 8) The location of areas to be landscaped [i]" 9) The location and type of outdoor lighting considering crime prevention techniques 10) The location of mailboxes [ ] 11) The location of all structures and their orientation [-1-- 12) Existing or proposed sewer reimbursement agreements [ ] C) Grading Plan (No. of copies ) C ] The site development plan shall include a grading plan at the same scale as the site analysis drawings and shall contain the following information: 1) The location and extent to which grading will take place indicating general contour lines, slope ratios and soil stabilization proposals, and time of year it is proposed to be done. p]'- 2) A statement from a registered engineer supported by data factual substantiating: a) Subsurface exploration and geotechnical engineering report [ ] b) The validity of sanitary sewer and storm drainage service proposals [f c) That all problems will be mitigated and how they will be mitigated [' D) Architectural Drawings (No. of copies ) : [ ] The site development plan proposal shall include: 1) Floor plans indicating the square footage of all structures proposed for use on—site; and [ ] 2) Typical elevation drawings of each structure. [ ] E) Landscape Plan (No. of copies 1E ) : [ ] The landscape plan shall be drawn at the same scale of the site analysis plan or a larger scale if necessary and shall indicate: 1) Description of the irrigation system where applicable [� 2) Location and height of fences, buffers and screenings APPLICATION CHECKLIST — Page 2 • 3) Location of terraces, decks, shelters, play areas and common open spaces [ ] 4) Location, type, size and species of existing and proposed plant materials . [� The landscape plan shall include a narrative which addresses : 1) Soil conditions. [ ] 2) Erosion control measures that will be used . [ 3 F) Sign Drawings Sign drawings shall be submitted in accordance with Chapter 18 . 114 of the Code as part of Site Development Review or prior to obtaining a Building Permit to construct the sign. [ ] G) Traffic generation estimate [ ] H) Preliminary partition or lot line adjustment map showing (No. of Copies ) : 1) The owner of the subject parcel [ ] 2) The owner' s authorized agent [ 3 3) The map scale, (20,50, 100 or 200 feet=1), inch north arrow and date [ ] 4) Description of parcel location and boundaries [ ] 5) Location, width and names of streets, easements and other public ways within and adjacent to the parcel [ 3 6) Location of all permanent buildings on and within 25 feet of all property lines [ ] 7) Location and width of all water courses [ ] 8) Location of any trees with 6" or greater caliper at 4 feet above ground level [ ] 9) All slopes greater than 25% [ ] 10) Location of existing utilities and utility easements [ ] 11) For major land partition which creates a public street: a) The proposed right-of-way location and width [ ] b) A scaled cross-section of the proposed street plus any reserve strip [ ] 12) Any applicable deed restrictions [ 3 13) Evidence that land partition will not preclude efficient future land division where applicable [ 3 I) Subdivision Preliminary Plat Map and data showing(No. of Copies ) : 1) Scale equaling 30,50, 100 or -200 feet to the inch and limited to one phase per sheet [ ] 2) The proposed name of t subdivision [ ] 3) Vicinity map showing roperty' s relationship to arterial and call for streets [ 3 4) Names, addresses nd telephone numbers of the owner developer, en9neer, surveyer, designer, as applicable[ ] 5) Date of application [ ] 6) Boundary lies of tract to be subdivided [ ] 7) Names of adjacent subdivision or names of recorded owners cif adjoining parcels of unsubdivided land [ ] 8) Contou lines related to a City-established bench- mark at 2-foot intervals for 0-10% grades greater th 10% [ ] APPLICATION CHECKLIST - Page 3 9) The purpose, location, type and size of all of the following (within and adjace /to the proposed subdivision) : [ ] a) Public and private right-of-ways and easements [ ] b) Public and private s itary and storm sewer lines [ ] c) Domestic water main- including fire hydrants [ ] d) Major power teleph. e transmission lines (50,000 volts or greater) [ ] e) Watercourses [ ] f) Deed reservatio s for parks, open space, pathways and other lan. encumbrances [ ] 10) Approximate plan an. profiles of proposed sanitary and storm sewers with grades and pipe sizes indicated [ ] 11) Plan of the propo-ed water distribution system, showing pipe siz s and the location of valves and fire hydrants . [ ] 12) Approximate cen•erline profiles showing the finished grade of all s reets including street extensions for a reasonable di -tance beyond the limits of the proposed subdivision. [ ] 13) Scaled cross . ections of proposed street right-of-way; [ ] 14) The location .f all areas subject to inundation or storm water overflow [ ] 15) Location, w' .th and direction of flow of all water- courses an. drainage ways [ ] 16) The propose. lot configurations, approx^pate lot dimension- and lot numbers . Where lots are to be used for •urposes other than residential, it shall be indicate. upon such lots [ ] 17) The locat on of all trees with a diameter 6 inches or greater easured at 4 feet above ground level, and the location of proposed tree plantings, if any [ ] 18) The exis ing uses of the property, including the locatio of all structures and the present uses of the st uctures, and a statement of which structures are to remain after platting [ 3 19) Supplem-ntal information including: a) P 'posed deed restrictions (if any) [ 3 b) P oof of property ownership [ 3 c) A proposed plan for provision of subdivision mprovements [ 3 20) Existi g natural features including rock out- croppings, wetlands and marsh areas . [ 3 21) If any of the foregoing information cannot practicably be sh.wn on the preliminary plat, it shall be inco .orated into a narrative and submitted with the appl 'cation. [ 3 J) Other Info mation [ 3 Balm CccS:: lculaCt'CtlS (2362P/0028P) APPLICATION CHECKLIST - Page 4 03/01/95 12:54 -MET + 503 639 6795 N0.933 901 i TRI-MET 7I0 NE Holladay Street Portland, OR 97232 FACSIMILE TRANSMITTAL DATE: ?I/ TO: Mark Roberts CO: City of Tigard/Planning FAX #: 684-7297 b3- 6 796-" /P/j 45) FROM: Nancy Luce, Secretary .41,,.E j t..,c CO: TRI-MET TRANSIT DEVELOPMENT FAX: (503) 239-2281 TEL #: (503) 239-6710 THIS TRANSMITTAL CONSISTS OF __ PAGE(S),INCLUDING THIS COVER PAGE. 03/01/95 12:55 .-i ET > 503 6.39 6795 arli NO.933 Del TR!-MET TECHNICAL SERVICES DIVISION 710 N E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 March 1, 1995 Mark Roberts City of Tigard Planning 13125 SW Hall Boulevard Tigard, OR 97223 Subject: Request for Pre-Application Conference, Tigard Park and Ride Dear Mark: The purpose of this letter is to request a pre-application conference for a proposed park and ride facility to be built on a vacant parcel of land immediately north of the Tigard Cinemas, adjacent to the theatre access driveway. As the project has significant time constraints, I would appreciate the conference being scheduled at the earliest convenient time. Recognizing that our schedule depends upon the neighborhood meeting. I would appreciate your alerting me to the appropriate neighborhood and meeting date as soon as possible. Thank you for your help in setting this up. Sincerely, Kimberly Knox, Project Coordinator TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON rs LA 1• @ N. LA ✓_-_-�•-~._ , _J---- ' . 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It i. ii 1 J 1 V. %,\ `") y 1 ` 1 I I. 1 1 PRE L?MTNARY i . - - — -- s— • i' 63 1R-COUNTY IE1AOPOLEAN TAANSPC TIAmN DI UCCI'IF aIEGON ; o 1 TIGARD PARK R RIDE ________L___ --: KA1dPc kSSOpATES Y w rvi,.w GRADING PLAN Lam+! :��--- _ TRI—MET ^x".1.-r 1•Y�.+V•.,'••4:.,4- ;— .4 i�� in.* LAN! a1a.—'- —s..•.—�� r 1 w , wr w l--`--T -- - "- y 2_ FOR APPROVAL ONLY NOT FOR CONSTRUCTION . °m L4 1S136DC-00500 1S136DB-00700 TOM MOYER THEATRES ACKERLY COMMUNICATIONS OF THE `703 BROADWAY SUITE 605 NORTHWEST, INC VANCOUVER WA 98660 3601 6TH AVE S SEATTLE WA 98134 1S136DB-02400 1S136DB-02500 CHAMPION, RONALD V AND PIERCE, GRACE AND ROBERTA E KESSLER, JULES E 11642 SW PACIFIC HIGHWAY TACO BELL #1091 F TIGARD OR 97223 17901 VON KARMAN IRVINE CA 92714 1S136DB-02501 1S136DB-02502 WEBBER, JOHN & CARLA PIERCE, GILBERT E 5452 SW 54TH AVE BY SUBWAY TIGARD INC PORTLAND OR 97221 4840 SW SCHOLLS FERRY RD PORTLAND OR 97225 1S136DB-02600 1S136DB-02601 STEWART, PHYLLIS T AND ALPROP CO STEWART TRUST 6149 SW SHATTUCK RD 621 SW ENGLEWOOD DR PORTLAND OR 97221 LAKE OSWEGO OR 97034 1S136DB-02602 STEWART, PHYLLIS AND STEWART, DONATA AND COHEN, NATHAN TRUSTEES 621 SW ENGLEWOOD DR LAKE OSWEGO OR 97034 — to cn m G� n 3 V- D �10'DRAINAOE EASEMENT - - _ 713,14 SO°29'W _ _ 50°30•W 537.33 C 144.51 --- X50.09 — 85 45 - - - 285 _aSA— - - ` - ,n �� r� Q10 �J O Co N) -I -- - - - - - - - ZT � O � N Vzj� NIO e O aICir7eo n0 t. /� Fn+ 00 .4 p 13, p 1=6 0 n 0 u, I v � x �_ n p 0 • f N D n - o I oM 0 o 0 0 -+ fa 14.0 0 ► 802.12 s 20 W re - - N0°30'E 595.5 157.27 N00• - .30•E ter \ NS°3 206.33 u W I �, J V, cp -8 _ �- 5- y OP k o 4. o C: .. , ,ie I4'8/W 25'8 O w S {ii0 a �1 % / a, __80 1 7 5.0 — - 343.54 _.- 150 o 8 100°30`W OQ �1 aJ VI • O U 6 O 15320 'Nv . 0 0 o It Y Ni. sa 0� D k 0 ; n 21 206.33 w N01•40•W K •E 4 �e `4 00 X `� o �/► n N NI'40'E 257,9 7i.ss NI°51'30"W 100 OOG �• f� fpf O in m 1 TAX LOTTED ON MAP �°• a'� a w • N ISI 360C • o N 0°30'E 4 fq 811,3A 75 150 pe ►�� `� 0• 8 O0. ✓ A 4 � i - soo°12w 450 - - --___ k fIs C y • 150.00 50°29'W 522.9 z s- 71.0 - 1• 1 '0 . 8 i8 �s' 1�. n • • E ms • 1 J 4 ,t'A °w n s vs 1 W I ` °' O N r a0. s 1,), \\\\ io 4 .`i al ',,-te LA A 1$ N b 4% I.. 0 , 4 1 N i A �'O C o•Ot I 'b �A 245.78 71.77 • S A•�R ••, . ' 0t9 0 • �- — �+ J. N 11 e'O IA 0 D i' N \ \ . �e n 'V 11 d \�In \ \ 1.71) f 00- ■ �� n \ a p y tell, n NO \ m Vela.a9i 7` O 1, co \ Ja'I, a O o J 0 ' J \ \ \ f 11 \ I ' I EAST LINE S.RICHARDSON DLC -TI \ 9fi•6G1-r6 g 31.02 , I 364.06 20°13'W -a SW C.R, 245 0 72ND AVE f" - 1 e• f& 4 • - VI m • 01 :Ti 0 D D • 51),R gJ��c07/4/ps q�ool 1 . • 741 -nngr 0000 D00 � CP4 ®-(2 f. t. Y N NW COR. L. TURNBOW 113/479 10°40'W • O 150.9 — 1 132.3 105.5 105.3 1e3.86 I 1 r 183.98 !70. 86 _ — — 1 537.33 I — N 0° 30'E DO US I 30 Z TAX LOTTED ON '_ I I CI - • I ( IN o 1. MAP IS I 36DB 0, u I I O a a 1,..4 1. I.4 O I S O° 50' W 602 .12 N41:11\\,\ e n I r I I I = m r I ,.I I Iu I C I ~ \ A O AD ? '. � O _ 4.4\ \ I I N I NNN I I U, I d NO°30'E 811.31, I NNN - I Io lN N u u O` • — 7e — — — Z =l CO �d I m I CO I: owtO I w - N n P N 1 I I 1-- — — — _ - 1 ! I — — — — — - , - R 4 M :I - K W 3 n 1> 49.981 I 565.81 < - t) I C I tiN m al � O p D co 71 I 1_ 0 0 m N - N 0 I I � m � A t,l `" a •P �I ml n I C71 co N N t CO N al a� T - - __ — —� + f_ - — __. o.I o OI S. . N CO 1. w Nth C. II w `" o 11 to, cs I y 2eo.e1 0 n u. — 1 6 O j 5i a "s I I w I u �I4 I ' 1 I I I I 5 I \ry I U I (� � IN o I I I I I N IN 4 I I I I " N L N *1I o N I I I I w ■ I �bI f — — - 1 I I us N. a /.�I I I r-- .� t_ ' I I° 1 1 I I 599.89 37.82 0 ` 4 J. 4 'O 1 735.77 �� 1 N 95-78021 I U 79-29457 g SE COR TOWER 6E CON . 2WIENER E. LINE OED. RICHARDSON DLC 55 , - W ::/i..-:%/,'�•'.; 1., /..////�!7////,iii/�,/,7,77//.:'/,1,,< i.///////.///. 4,.:,,7.2N /l //I//////7/////,%l///i, //j,, ,.//.; ,;,7,44,,4 as:'/, /,!%,.iii{�i� /444"5,7,444004901/7//////// &fG�(��� /U///////// - — a NOR TN 624.88 • 1 9.9 y?,..v____„,,,;. ,,,,• iwi . .,,,, I,,,, hill ,# ii iir i // I •/Wiwi/97..,• Z ,, I/,//,'''."///1 i i..r• uuv • - Jr V - .r - 100 \ _ �o�a 59.33 79 79 I 79 u 38.13 ��, I 7S 7e O W { O A \ J4 -1' z W W W I W W 4orn A O 00 I .903 W /, A �� A W N I > E U W I N o -4 64 �Z I 4 :O_ Ix 0 O \U/ _ al ri w Z r — I W �N I I.E. w I R P lO q I. 1 ADDITIONAL DOCUMENTS v\-1 RECEIVFP r'r!'71G TRI-MET TECHNICAL SERVICES DIVISION JUN 0 2 1995 710 N.E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 June 1, 1995 Dr. John Webber, M.D., M.H.A. 5452 SW 54th Avenue Portland OR 97221 Subject: Tigard Park and Ride Dear Dr. Webber: I appreciate the follow-up phone call to discuss your concerns over increased traffic and circulation on the Tigard Cinema access driveway resulting from the construction of the Tigard Park and Ride. Your suggestion of creating a driveway link between the Park and Ride and future development to the east is a good one and is worth proposing to the future developer of that parcel. However, no development has been officially proposed as yet and we will rely upon coordination with the City of Tigard to evaluate opportunities for joint circulation to address your concern. Again, thank you for your comments on this project. Please call me at 239-6716 if you have any additional questions. Sincerel WailAdt115=k"4 04,4 Kimberly Knox - Project Coordinator KK:nl cc: Will D'Andrea, City of Tigard TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON JUN 33 '95 10:34A11 FRST AMER TITLE CUSTOMER SERVICE P. 1/5 First American Title Insurance Company of Oregon M sssum d bupnaat nave of TITLE INSURANCE COMPANY CR OREGON 1700 S.W. FOURTH AVE. PORTLAND, OR 97201.5512 (503)222-3631 FAX(503)790-7872 CITY OF TIGARD June 30 , 1995 ATTN: MICHAEL ANDERSON 1J--( 64 °1 t -Doc/ CONSUMER INFORMATION REPORT .� AMER , L. ..„..,...„---,, , , „.; N. -1.-.. .",-.,..,:,,.,. „0,),N, 4:iic. We appreciate this opportunity to be of service to you. Please remember First American Title Insurance Company of Oregon for your Escrow and Title insurance needs. Agents and offices in the following counties in Oregon: Benton, Clackamas, Coos, Crook, Curry, Deschutes, Douglas, Gilliam, Hood River, Jackson,Jefferson, Josephine, Klamath, Lane, Lincoln, Linn, Malheur, Marion, Multnomah, Polk, Sherman, Tillamook, Umatilla, Union,Wallowa,Wasco,Washington, Wheeler and Yamhill. This title information has been furnished, without charge, in conformance with the guidelines approved by the State of Oregon Insurance Commissioner.The Insurance Division cautions intermediaries that this ser- vice is designed to benefit the ultimate insureds;indiscriminate use only benefitting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. -73m u 95 10:34AM FR T AMER T .- s.,u - SERVIC • ''' -,.. 2;' rca+. ` i. • • `7j 4 i ; 4 �.. q;ate J,..,1"« r'N{+,,k, $444;A.4.)` �l►'.1-1 93:010 0:tz.,'x 1«:' . :'HIS EAS +rr, timed Lhis /0 day of Deeealber, 1993, % ;= 1,_:,:;;• N ' STEWART,an individual,and PHYLLIS STEWART,DONATA STEWART AND NATHAN 4i4a del T;6 . y COHEN,CO•TRUST>IaS or WI STEWART TRUST BSTA3LI3t®UN17st.TiS03 I AST`''''i t',P' ....f1,. W } ' •_';�- WILL AND TE9TAl'GNT OP SAMUEL II, STEWART DATED OCTOBER 7. 19$4,.' ',a ..%.1)..k..6 ,;ti S}} • hes'ei,tatber setttsned to u"Grantor",to PHYLLIS T.STEWART,tat individual,end PHYLLIS..... .;'` 44,..)4,, , O • �;ili' STEWART, DONATA STEWART AND NATHAN CO1�N, C •TAUSTBBS•OP. THE ..;•.`;',...:1•:).` 0 ,.,- 3TEWART TRUST BSTABL D D UNDER THE LAST W I. AND TESTA3 T CC:,.;::,,t ,.;;, ;' 'r" SAM UEI.B.STEWART DATED OCTOBER 7,1984,bereinefter:shared to u"Greaten".-. •. • Owner does hereby Brent.bargain,sell sod corny to fheame end D awee's suoensues 0 et and assigns,a perpetual noao:.chuive eteetuant for the benefit of a teal property dt:saibed in 0 Exhibit A engines hereto "he "Benefited ?veal"). %+bids Eathibls 1s by this istettsa00 incorporated herein, over end ttetose the ibllowleg described lseds (seteedates referred b • ' hereof=u the'prernlses in the t t,tty of Wuhittgtort,State of Orepo.m veer, t An easement 23 feet is width situated in the seutheut quarter , Secdon owns 36, Thip I South, Range I West, Wiliameao ' . . Meridian,and sloes beings?strict of the Q.Richardson DL.0 055, Wuhingtan County,Otegoa and being deseibed as follows: R ` Beginning at a point on the west tighaf~w of S.W eay lies o .74ed ' Avenue,said point beieg North 01°43'56"East a des*nce of 31.03 ' feet f r e e r the southeast earner of that panes deaaibod in Pee - No.56051674 does records said goring and running thence Nash 85'16'04" West it castanets of 32,11 !bet to the beginning of it • ti tangent 150.00 foot radius curve in thence on said carve through ,• it ceattsl angle of 13•16'56" (Tito Long Chard of which Beers . �) •% - '' South SO.OS'2a"West a dtstutce of 6033 het)eaa are distance of , ,� ;) 60.93 teat to the end thereof: thence South 65'27'00" West a d1 ' dismaca of 224.45 feet tea point;thence 1Vnst)t Ol°56'31"Sett a 1- . distance of 27.16 foots thence North 68'17'00"But it distance of I << 213,38 feet to the beginning of a tangent 175.00 foot radius curve . i.ti rights thence en said curve through it central mete of 23.16'86" (The Lang Chord of whist saran Nttets 110'03'21'But a diswtoe .f 4 of 70.67 feet) to the nerd du:rect. thence South 58'16'04"Put a 3 :. dlatance of 32.11 feet to a point on the west rtght-0f•way line of +-a" • :il a S.W. 72nd Avenue; thence South Ol°43'56" We oft said west 1 t a right-of-way line a distance of 23.00 feet to the point of Beginning. i eontsining 0.182 acted mars of toss, i c ., Basis of Bearing of this deseipdoa is Survey No 243'.3.survey 1 " records said county. f t. �. •` - . .. After recorGrtg.:nern to ,„ ."i .4. j I.Kenneth Davis • Dunn,Carney,Allen,Higgins R Tongue 851 S.W.6th Avenue,Suite 1500 t , j'1 1...''� •.:' Portland,OR 9120b1337 7 .' _. Y. { : ' 1-sASBMBN'P o�ess.ssil - =a -- /g y "... .•-1"*w,n:; Y�''r emu" 2 .v • •.0"1^•w VOf ?•!'s+, ..a,,,.." ..., '-.• .. ..•T ! ..r,k v .-3.-.5. ^ I , ,.r-''"''•�'.�� JUN ,b 16135AM FRST aMER-TITLE CUSTOhIER SERVI�-i • ! ' ' ' �c� ••;•. s'. _-z.r:• .•oe.1--; Vls'+i:44.etit+ilai?iF.6.:cir.. ..••ewH►+w'at`ii,.w.•_,'s... •+<:, _ . , nil grant I,alert m satisfy the rtgairements of the Cry td 7lpad WWI tap0et 10 ti1. ` _ conaeectoi of an access road to the Eeaefitatd Parcel. It le the partes'.lntent diet the pteeattat'ir " t i =meat et the Sus trod Parcel ore/the met po p.ry leaden!by tiia Bneesana aba>nr�}•S iy ti� not reenit:n the r * tint into the Prt9it c teal ptopaay. 'Itch pat la mad. ••S'`•;aE•!i' _ of the_rlt�m �� -•s tubloet to the following terms. psevistona and candidate applIcanta to Omni" Qtaesao'a • .`•0-t�i/t Nt 1 . . pamit�es,eonanetcrn and assign!: , ''IA` r ti;s • •all (a) The purpose of this Eminent is to allow(ranter access the Benefited Pateel far :' ,Art i^ the purposes set forth basin ' O ' �f '4'1,: i•• 0 f , (b) Except ti herein limited,Grantee shall have tiro right to sac this Eaactmcnt without• cast fbr all purposes deemed necessary or desirable by Certtze in connection with the ptoteiloa, l• •' ' t administration. management and utilization of the Benefited Panel. This Easement shat' be • 0 • • O. r -. deemed apparsaenc to anti not eartsferahle separate from die Benefited Pared. (c) Gtnntt a that at all times be responsible for maintaining any existing or future mad _ 0 I 0 -; constructed on this Easement. f Grantor does not use any inch read for acorn to any of •: Grantor's lards (which right • .ong others is hereinafter reserved by Grantor), the cosh of • : ' +' maintaining such road o n this Easement shall be borne solely by G leans& If at any time Gtantor :; ii 'r,�, �` teas any aueh road for octets to any of Geanaye'a Iamb,Ciente..hall pay only(stuntst'.proms • :i• .,lf shat of the corn of maintaining such mad. which preens there shall be determined by • • . "i:• multiplying such costs by a fraction the numrsator of which la the area of the Benefited Penal : tie • .•s • , J• • and the denominator of which ti the tuna of all land to which such media providing stews, • ' • - .r; • . '. provided,however,that Grantee shall pay the foil cost of any maintenance nee:touted by the • . I ,.•. a°- •` intentional or negllgertt misuse of such road by Grantee Of Crnntm's employees, agents, • . ' I'' " I _i1i customenr guests or other invitees• (d) Any road construeted en this liawment shall b.constructed at Crane's ax,ass . •,: in accordance with good practices-sufficient to minimize damages to Grantor's property. ;. ,∎•'_ . 'I. 1 (e) Grantee shall limit use of thts Easement by third parties to uses !elating to : , -?. :1'.. �s: t Grantee's permitted use. - ;t t'.: . '- • 44..1=1 ',11 0 i }Y\:r ?FSFRY_ATIO 15. :%., ,. err:• . y ' •'t r is This Easement u granted subJcct to the following rasesvuderti by Grantee,for itself,its - +••(, ' -.44..4i permitter-a,assigns and successors in interest: • .••-. ,. (a) The right to cross and rearms the premises and any road constructed thereon at ss :%r f' `?%t any place along stark road by any reasonable nears and for any purpose and in such manner as `:"' • - - 3_ will not anraaaortably Interfere with Grantee's use of such road }. - • :: I ..,`:1-..',i•-. .: I•,:ii':�rki.� (b) The right to use any road:otutrut:Ded ar the premise'for all gtapotoa deemed ••=; t • I:�pti' r.• ncccsatsry or desirable by Grantor in connecdoa with the protection,sdminlstradaa,management ;- t ` :4' _;• and utilization of Grantor's :ands or resources, now or hereafter owned or controlled by it r',' :,.:'.I•:• ;, + 'l aubJect to such traffic canrrol reguladons ans runes as Grantee may rear ably impose without lien,.:tit.• _ :�:: It t •b±. ..•:: reducing the rights of Grantor hereby reserved ;;,,• _c,' ..ti 'GEA'iIr'ii•;CATlO*I '7�' . `:' '- Grantee shall exercise Grantee's privileges hereunder at Grantee's own risk.and except i.-:',...:.,...,;.:K.• I • r.�,f.•.� .4.: as to damage arced by the negitgence of Grantor,Grantee shall indemnify Grantor against ail -J •;.;'-',-.'3 .i liability for damages,costs, losses and expenses resulting from, arising out of or in any way y't. ' " + • connect with,the use of this Easement by Grans or Grantx's employees,agents,ctatomcn, ,t'i4'""e.= ' ...g0.:4:4,.:-... v guests or other invitees. rte._ • ,• 3.; ;J•• Thls Easement shall tun with the land as to all property burdened and bcnehted by such :; ,i .- -:;f, • ••elf':'"- : easement. including any division or partition of such property. The rights, covenants and r,;;' ' ':' a .:.. - '-M• ohligadoes contained in this Easement shall bind,burden and benefit the respective sueeei,cn ;4 .. • F ' 6,, t'. _::;,, ..:.r;.,: and assigns of Grantor and Grantee. ,'_••-• �.•�'tr y- _ v 2 BASEbwi' 11:194713.4147111 I I. •:.` — : '!•t• r s ,:��. f 7 N;�*.• •Yirw.'if:r'.C'4,aM� • ..r,i f t.' ... . ... _ •+ •1•'. ^..''r. •,s•�. •.- •• •• ..'•4444. , •,•` A•'r •� e _ � +1•••;., _ '• • :•5••J t••^•'r • —';• — • :z _ .......4‘..r.-.....t. • LiIV-30 '95' 1' 3- FR T • TIT- CUSTOMER-SERVIC '��""�rur•V. � � • .4/ ' _ . ' { ; ' N `, ;''---;. • � 7AM F RST AMER TILE t JSTOMER.SERVICE Q °-"«.,'° S -v . """='a=. ;r. . ,, . r ••_ ..c-i0:4...',t',..."..O; •. .dwr:,.. ... .....in, .facew+.,ayw`:`ai..rw..:+•.ni•w.t44.:Lbfl tiLV.„. ,.. r 1 .. ••4•.• ? 'ti . • "':•:.N:tl � . t", '•' g3 MwfS/rf0M • wbttr 0.1993 RFNI?tTT P1LS1('$L ate ...if. Coiner 1.wn Nfti,a • .'1 : �- lava Oak,1.011 rlt Siitta>ed In the 9oitetst quirt=Suct On 35, Tewo*Adp 1 South, Ringo 1 West, Wl11101otoe ;. I. Il...•d«. c11t'MiA• Meridian,Washington County, Oregon,and being described as follows: f `-'!1 tledm4 Stares Nark •I.i Beginning at the am.stsriy nor:bwett on of that pate'dwaibad is Fee No, 8?419)4,tall r. ' dealt certifies•pint deo being on the eau line of ParrEl IV u recceded in Bock 618.Age 161(memtaaadmn � _ t of assignment) Hoed teocetia said county and running thence North 65'35•01'Esc on the 0 930195 westaty math Hoe a distance of 112A3 feet to in angle wine thence leaving raid north lice and s ...i'i` Or ' running South 8S'CO'00"Fast a distance of 103.®feat;thence South Dl'S6'Sl"West a diiteecn '° r 01 d 281.09 feet to a point on the north line of a 25 fax ride wetland buffer urea;thence on said O `•�=`�" as>tii 1 :' buffer sort=the following courses;South 66°06'00'West a durance of 47.01 fat:thalco South -.• '■ • 36°54'00'West a distance of 3531 feet:thence South 69°03'00"West e.distance of 8637 het; - j' ii satisfied red die . thenx North 74.25'00'•Wcat a disanee of 32.28 fear,thence South 54.20'00"arat n distance • ' r� `' bcr<bYtvalt�'m of 45.27 feet o a too the ws rt!Ina of that treel described et Fee No, ibS167a 4444 0 1t1.4;:••••' bplpatt a cow;• rstotds said county;thence North 01'56'51"East 1?' the said west line Fee Na 8651674 and . ., • e3y'1 1 Congo Date Fee No_80-41904 a distance of 340.33 fret to the Point of Begltming,containing 1,60 acres more . • 'rl ...'• `: �;mama= 20, 19er or lass. ' • N„ ‘s • :1 us maid tt�le Basle Of Barring of this tdraalpdon is Survey No.24.523,stnvey recd ds said cooery. • • • A't ~�• �•j:• r AS$itt#tntL •' .1 SPATE Of ORE • f x' "y `? COUNTY orA , - ``. . ,0" lo cod t de sz . to me Wee to _ „,„, .�• ,.: " viasowledatd d !3 r 5.:;..C.' : ; P ee dte"I • , p.• • �s� ,• de teal baud• . :p. II'. ./,---1,,Z1 13 1`:. C; 0/2/NESS 0y *4� , ,, - `'. 3•; CaaoNo a lea o • . . ■•. • ci sit ',, ,r t Are t:; F ti STATE Of OREGON % 53 :.: '!i Y"• county el WeaMnOro_,, R'µV.,:.f' I, - '� laaesa - . ;'-';!:i. I,J°t"R:•NaneotVDMe C : r • VA- t.rx mertt end•mmtkn end EI...p01r� tnel •'rY: ' - . - _. __ . . ._. Get%tvc iaId wanly eo tiatetrf, ed� • if •.•VI op w661.6 IMP ruffro6 al wit,/wen A COUPtt'.: • , ^7 • :•,r• 'a ' e.• :1 \- . -- .0; '' • ♦• ,. I. , • b Od/�1/Gleftl �• • . ••• •'.• -'11 """'111 i•� . . Doe . 93109020 40.00 ' . r ? .' •1� • Rect.: 113903 ,s• 12/28/1993 ,1:11:37825 r. • . • - .� r • .1 - • t:• •�w ...... ' .+rn.., +�,•v..vr w..T•a'',:.a..i�•<c r�Or'11Y.� -� _.. •' .. ce y _. _•!!:i:tom+r.:" °4 ` " tiff.•_ ..1. •;., • • .. , _ John D. Webber, M.D., M.H.A, 54,2 S.W. 54th Ave. Portland, OR 97221 (503) 244-1555 7Ec July 5, 1995 OOMMUNffY 1, q1371; & 4e1A-1 i ,ribtik vt Mr. Marty Jensvold Oregon Department of Transportation District 2A Offices 2131 S .W. Scholls Ferry Road Portland, Oregon 97221 Re : Tigard Park and Ride, Pacific Highway Access Road Dear Mr. Jensvold, We are owners of property (11632 S .W. Pacific Hwy) adjoining the Act III Tigard Cinema, which since 1973 has been operated as a private dance and gymnastic studio. We are concerned about the recent approval of a Park and Ride on property adjacent to the private roadway, which is the access to our studio. This will create additional pressure on the already overburdened roadway, which we feel will adversely affect vehicular access, public safety, and parking at our facility. We are willing to work with Tri-Met and Act III Theatres to develop gentle speed bumps and warning signs on the private roadway, to request that Tri-Met restrict their roadway access/exit to a single point, and to encourage Tri-Met to develop an exit to S .W. 72nd Avenue over the easement held by Tri-Met . The Staff Report indicates that the private roadway is already overburdened and very congested, and requires that Tri- Met develop the easement to 72nd Avenue . Yet, the report seems to indicate that Tri-Met could determine that the private roadway could carry the traffic through a traffic study. While the traffic study may be important in terms of how much access to the private roadway ought to be allowed, it seems illogical that a staff finding of congestion could be alleviated by a "study. " One example of a common roadway traffic problem occurs when the volume of northbound, outbound traffic exceeds the capacity of the traffic control device on Pacific Highway; the resulting double-lane stacking blocks our access . We believe that development of the Tri-Met easement to SW 72nd Avenue would relieve pressure on the Pacific Highway intersection, resulting in a decompression route to ease roadway congestion, with favorable results for patrons at all three facilities . We have no idea how the Pacific Highway intersection can accomodate additional traffic to and from the access road, but would welcome any relief you can design. We would also suggest that ODOT' s future design of Tri-Met ' s west-bound passenger drop-off site include a bus turnout (as was suggested would be located at or near the left-hand turn island on the north side of Pacific Highway) . This would allow for the necessary visual clearance for south-bound traffic to safely cross Pacific Highway to the cinema' s private road; both lanes of west-bound traffic on Pacific Highway are notorious for running these stop lights during evening rush hours . I look forward to hearing from you regarding this development, and how we can assist in designing a reasonable solution for all concerned. Yo s sincerely, tWk John D . Webber, MD cc : Richard Bewersdorff, City of Tigard David Bennett, Esq. • • v , .,alb ,- . ,:A COPELAND; LANDYE, BENNETT AND WOLF • A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS ATLAW ' 3500 FIRST INTERSTATE TOWER' .MARK-G.,COPELAND.p.c.' DAVID:L.BLOUNT ALASKA OFFICE • ' THOMAS" .LANDYE;P.C. DAVID'S..CASE.'P.C.* PORTLANDrOREGON'97201 -M :J.,DAVID BENNETT.P.C. THANEW.TIENSON*** 550 WEST SEVENTH AVENUE DAVID P.WOLF•INC.' DAVID N.GOULDER SUITE 1350 ROBERT'B..HOPKINS,.P.C. P:STEPHEN RUSSELL III;I.,C. 15031224-4100ANCHORAGE,ALASKA 99501 RICHARD L.SADLER,P.C. ROBERT P.OWENS**'* - - 1907)276-5152 RANDALL L DUNN,P.C.'*** THOMAS R.BENNE FACSIMILE 1503)224-4133 _ JAMES S•CRANE,P.C.** PATRICK S.GALVIN a ROBERT H..HUME,JR.,INC.** KARNA R.GUSTAFSON MITCHEL R:'COHEN,P.C. 'ALASKA STATE BAR *ALASKA STATE AND OREGON STATE BARS •"WASHINGTON STATE AND OREGON STATE BARS !**ALASKA.STATE AND WASHINGTON STATE BARS ' • ALL OTHERS OREGON STATE:BAR ONLY July 7, 19 9 5 • Mr.. Tim Reed ACT III THEATERS 919 S.W. Taylor Portland, OR 97201 Re: Tigard Park & Ride Dear Mr. Reed: , This ..office has been contacted by' Dr., John, Webbe ', owner of the property adjoining the Act III theater in Tigard, Oregon. Dr: Webber's property 'for' many years has' been operated as a dance. and gymnastic studio, the Westside Dance Academy. I understand that Act , III and :Dr. Webber have , an arrangement *with respect to easements and parking. Dr. Webber related. to me that you and the . former owners have been very accommodating to him and that he believes he has returned the accommodation. However, a matter has arisen with respect to Tri-Met's Park & • Ride, which is disturbing to Dr. Webber and his family who operate Westside Dance Academy. There is ' already heavy pressure on the roadway over which Dr. Webber has an easement* Most of that pressure is at times when 'the studio is not. operating. With the' Tri-Met "Park &, :Rid'e, there will be 'additional pressure, some additional dangers, and inconvenience for all. ' Dr. . Webber would like to ask you to consider working with him to 'have Tri-Met install gentle traffic speed bumps and warning signs ,on the•roadway on either side of his property. That could be of benefit to you as • well , since the gentle speed bumps are easily maneuvered and yet cause people to slow to approximately 15 -miles per hour. Dr. Webber would also like to explore the possibility bf. convincing. Tri-Met to have a single ' exit onto ,the easement roadway and' to encourage them to develop an alternate exit to 72nd Avenue.. Your patrons will - be using,'the Tri-Met parking lot in the evenings and on weekends. Because the driveway to Pacific Highway Is already burdened, the additional access. off of 72nd. Avenue seemingly would be , a convenience. to your patrons, but at no cost to you. 111 COPELAND,'LANDYE, BENNETT AND WOLF Mr. Tim Reed July 7 , 1995 • Page 2 I would appreciate hearing from you so thatwe can approach Tri-Met together to encourage them to complete a design which is beneficial to you,, to Dr. Webber and also carries out, the needs of Tri-Met and its patrons who use the Park & Ride. Very truly • J. Dav' d Bennett, P.C. JDB:drh cc: Dr. John D. Webber Terry Hauck Kimberly, Knox ,, Richard Bowersdorff COPELAND, LANDYE, BENNETT AND WOLF A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW A1fl4flt*!r' 3500 FIRST INTERSTATE TOWER p)3Wd013A3a /� 11 MARK G.COPELAND.P.C.** DAVID L.BLOUNT ALASKA OFFICE THOMAS M.LANDYE,P.C. DAVID 5.CASE.P.C." PORTLAND.OREGON 97201 r rM J.DAVID BENNETT,P.C. THANE W.TIENSON*** - '7�V �NST SEVENTH AVENUE DAVID P.WOLF,INC.* DAVID N.GOULDER tJ SUITE 1350 15031 224-4100 ANCHORAGE,ALASKA 99501 ROBERT B.HOPKINS.P.C. P.STEPHEN RUSSELL III,P.C. RICHARD L.SADLER,P.C. ROBERT P.OWENS**** f907)276-5152 RANDALL L.DUNN,P.C.*** THOMAS R.BENKE FACSIMILE 503,22x4133 a 1A11} JAMES 5.CRANE.P C.** PATRICK S.GALVIN* ROBERT H.HUME,JR.,INC.** KARNA R.GUSTAFSON MITCHEL R.COHEN,P.C. 'ALASKA STATE BAR "ALASKA STATE AND OREGON STATE BARS ""WASHINGTON STATE AND OREGON STATE BARS ****ALASKA STATE AND WASHINGTON STATE BARS ALL OTHERS OREGON STATE BAR ONLY July 7 , 1995 Richard Bewersdorff, Senior Planner CITY OF TIGARD PLANNING DEPARTMENT 13125 S .W. Hall Blvd. Tigard, Or 97223 Re: Tigard Park & Ride Gentlemen: This office represents Dr. John Webber, owner of property adjoining the Act III Theaters in Tigard, which for many years has been operated as a gymnastic and dance studio, the Westside Dance Academy. Dr. Webber is concerned about the recent approval of a Park & Ride on property adjacent to the private roadway which is the access to the studio. This will create additional pressure on an already overburdened roadway. Dr. Webber is willing to work with Act III and Tri-Met to develop gentle speed bumps and warning signs on the private roadway, to limit the access from the Park & Ride to the private roadway to a single driveway, and to encourage Tri-Met to develop an exit to S.W. 72nd Avenue over the easement held by Tri-Met. The Staff Report ( "Report") indicates that the private roadway is already overburdened and very congested, and requires that Tri- Met develop the easement to 72nd Avenue. Yet, the Report seems to indicate that Tri-Met could determine that the private roadway could carry the traffic through a traffic study. While the traffic study may be important in terms of how much access to the private roadway ought to be allowed, it seems illogical that a staff finding of congestion could be alleviated by a "study. " I look forward to hearing from you regarding the conditions placed on Tri-Met and its intent to develop an exit to 72nd Avenue. I presume both Tri-Met and the City of Tigard may be willing to COPELAND, LANDYE, BENNETT AND WOLF Richard Bewersdorff July 7 , 1995 Page 2 change the approval to require speed bumps and/or a single access to the private roadway. Very truly yours, J. David Bennett, P. C. JDB:drh cc: Dr. John D. Webber Terry Hauck, Esq. Tim Reed Kimberly Knox • COPELAND, LANDYE, BENNETT AND WOLF A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW 3500 FIRST INTERSTATE TOWER MARK G.COPELAND.P.C.•• DAVID L.BLOUNT THOMAS M.LANDYE,P.C. DAVID S.CASE.P.C.• PORTLAND.OREGON 97201 ALASKA OFFICE J.DAVID BENNETT.P.C. THANE W.TIENSON•'• - 550 WEST SEVENTH AVENUE DAVID P.WOLF,INC.. DAVID N.GOULDER SUITE LAS ROBERT B.HOPKINS,P.C. P.STEPHEN RUSSELL III.P.C. 18031 224-4100 ANCHORAGE,ALASKA 99501 RICHARD L.SADLER,P.C. ROBERT P.OWENS°••• (9 071278-5152 RANDALL L.DUNN,P.G.A. THOMAS R.BENNE FACSIMILE■9071 221-4137 JAMES S.CRANE,P.C.AR PATRICK S.GALVIN ROBERT H.HUME,JR.,INC... KARNA R.GUSTAFSON MITCHEL R.COHEN,P.C. 'ALASKA STATE BAR "ALASKA STATE AND OREGON STATE BARS • WASHINGTON STATE AND OREGON STATE OARS ....ALASKA STATE AND WASHINGTON STATE BARS ALL OTHERS OREGON STATE BAR ONLY July 7 , 1995 Ms. Kintherly Knox TRI-MET TECHNICAL SERVICES DIVISION 710 N.E. Holladay Street Portland, OR 97212 Re: Tigard Park & Ride Dear Ms. Knox: This office represents Dr. John D. Webber, owner of property adjoining the Act III Theater Tigard, which for many years has been operated as a gymnastic and dance studio, the Westside Dance Academy. Dr. Webber has informed me that Tri-Met has recently acquired land adjacent to the Act III Theaters for the development of a Park & Ride. Apparently, Tri-Met has entered into an arrangement with Act III Theaters, and its general manager Tim Reed, for the use of the private access roadway to Pacific Highway which is also used by Dr. Webber and his tenants. That roadway during certain periods of time is already overburdened and can be dangerous. Dr. Webber asked us to inquire whether Tri-Met would be willing to install gentle speed bumps and warning signs on the private roadway on either side of Dr. Webber's property if Act III Theaters will consent. Two gentle speed bumps permitting speeds of approximately 15 miles per hour would discourage people from driving to and from the theater parking lot at excessive speeds. May of the persons who use the studio are young children. Dr. Webber asked me to inquire whether the entrance/exit to the Park & Ride could be limited to a single point along the private drive without materially redirecting traffic flow. Lastly, Dr. Webber would request that Tri-Met develop the easement to 72nd Avenue as a second access point. This will ease pressure for your patrons, as well as the theater patrons. This r COPELAND, LANDYE, BENNETT AND WOLF Ms. Kimberly Knox July 7 , 1995 Page 2 would also be safer and would create an easier traffic pattern for the users of Dr. Webber's property. I look forward to hearing from you and hope we can come to an amenable agreement for the benefit of all . Very truly yours, i J. David Bennett, P. C. JDB:drh Enclosures cc: Dr. John D. Webber Terry Hauck, Esq. Tim Reed Richard Bowersdorff Webber and Associates John D. Webber, M.D., M.H.A. 5452 S.W. 54th Ave. Portland, OR 97221 (503)244-1555 April 10, 1995 Pk-c�ji�F:f APF " Castif„ 79g . vkik Mr. Richard Bewersdorff Senior Planner Planning Division City of Tigard Re: Proposed Tri-Met Tigard Park and Ride Dear Mr. Bewersdorff, We are commercial property owners (11632 SW Pacific Hwy) to the west of the proposed Tigard Park and Ride, and were recently contacted by Tri-Met regarding their proposed project . We have reviewed preliminary plans for this facility with Kimberly Kox, Tri-Met ' s Project Coordinator. During an informative site visit on March 17, 1995, we discussed Tri-Met plans and alternatives, and shared our concerns . It is our understanding that an informational meeting was planned for Tigard City Hall on March 30, 1995 . The enclosed letter outlines our concern that the vehicular capacity of the cinema' s private road will be overwhelmed by Tri- Met ' s intention of using it for access to its property. Other related issues are also raised. We welcome an opportunity to discuss this with you further, in a collaborative effort to assist Tri-Met to meet its regional mission in a timely fashion, while working with city planners to assure that Tri-Met proceeds in concert with our local agenda. Y•01-0; incerely, J• D. Webber, MD RA4c,6-44,4u Webber and Associates John D. Webber, M.D., M.H.A. 5452 S.W. 54th Ave. Portland, OR 97221 (503) 244-1555 April 10, 1995 Kimberly Knox, Project Coordinator Tri-Met Techical Services Division (., 710 N.E. Holladay Street Portland, OR 97232 Re: Proposed Tigard Park and Ride Dear Ms . Knox, We appreciate your meeting with us, the adjacent property owners and proprietors of the Westside Dance Academy, to discuss your preliminary plans for a Tigard Park and Ride facility. Our private school is located at 11362 SW Pacific Highway; to the north of the Tigard Cinema, and west of the private access road to Pacific Highway; the proposed Park and Ride site abuts the easterly border of the cinema' s access road, the sole access route for parents and children attending our facility. Our concerns are over issues of vehicular access, public safety, and parking which result from preliminary plans to gain access to the cinema' s private road. We support Tri-Met ' s proposed application as a complementary activity, but believe that additional traffic will adversely affect the operation of the vehicular access road serving both the cinema and school, which is already at capacity. We are also concerned for the safety of pedestrian traffic crossing the access road and parking areas, especially the many small children and youth attending both of our facilities . Finally, given Tri-Met ' s history of Park and Ride overflow onto surrounding properties and roads, we face the prospect that our businesses will be unduly burdened by resulting parking shortages for our clients during peak hours . We therefore respectively oppose your stated intention to gain access to the cinema' s joint access road, and seek to collaborate with you to find a workable alternative . we recommend instead that your riders use your 72nd Avenue access road. If formal safety analysis should reveal persuasive alternatives, we might favor a one-way entrance to your facility from the cinema access road, but with an exit onto 72nd Avenue . How traffic direction would be enforced is unclear, however. We would also suggest that ODOT' s future design of Tri-Met ' s west-bound passenger drop-off site include a bus turnout (as was suggested would be located at or near the left-hand turn island on the north side of Pacific Highway) . This would allow for the necessary visual clearance for south-bound traffic to safely cross Pacific Highway to the cinema' s private road; both lanes of west-bound traffic on Pacific Highway are notorious for running these lights during evening rush hours . Thank you again for sharing with us; your efforts to be a good neighbor are encouraging. Please keep us informed of your progress, and allow us to participate as interested advisors in the process . Yours sincerely, ' I'/U/471Zb■--- John D. Webber, MD cc : Tigard Planning Division Act III Theatres Westside Dance Academy (14, CITY OF TIGARD July 10, 1995 OREGON Mr. John Webber 5452 SW 54th Avenue Portland, OR 97221 Dear Mr. Webber: This letter is in response to your letter dated July 5, 1995 to a Mr. Marty Jensvold of the Oregon Department of Transportation. I would like to clarify the condition of the traffic study. The study itself will not alleviate the congestion on the private drive, as was implied by your letter. The report conditioned that an access be provided to alleviate the impact on the private drive. However, if the applicant can show through a traffic study that the impact on the private drive is negligible, the applicant will not be required to provide a driveway to SW 72nd Avenue. If you have any further questions please feel free to contact me. Sincerely, air Will D'Andrea Assistant Planner h:\login\will\weber.ltr c Dick Bewersdorff J. David Bennett, P.C. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 TP T—MFT 710 RI TY; Fax:503-739-2717 I l l 10 '95 1L1:14 P. 07/13 vf• 0 1 !_' • salon March 19, 1992 DEPARTMENT OF TRANSPORTATION HIGHWAY DIVISION Michael Fisher, Project Manager Region 1 Tri-Met FILE CODE: 4012 S.E. 17th Avenue Portland, Oregon 97202 TRA Subject: Traffic Impacts Tigard Park and Ride Project . Pacific Highway West .t Oregon 99W @ S.W. 74th Avenue City of Tigard I have reviewed the traffic impacts for the proposed park and ride at the subject location. It was found, and I agree, that the existing traffic signal and intersection configuration at S.W. 74th Avenue with OR 99W can handle the traffic volumes for this development. The intersection indicates some improvements are needed for sidewalk and landscaping within the state right-of-way. Any work on the state right-of-way would require a permit through the district maintenance office at Sylvan. The mailing address is: P.O. Box 25412, Portland, Oregon 97225; address; 2131 S.W. Scholls Ferry Road; phone number of District Manager Harold Lasley is 229-5002. �I�an Failmezger Traffic Operations Supervisor RF:po cc: Randy Wooley, City of Tigard •°. =r Harold Lasley, District 2A • 9002 SE M<Loughlir, Milwaukie, OR 97222 mfR0319.c (503)653-3090 '34-1Bso(Rev.3.01) FAX (503) 653-3267 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:15 P.03/13 February 21, 1992 ^^(.;.u�i,f 1; CITY OF TIGARD OREGON Michael Fisher, Project Manager Tri-Met 4012 SE 17th Avenue Portland, OR 97202 Re : Tigard Park & Ride This letter is in response to your letter of February 12, 1992. Our primary traffic concern is going to be the peak-hour operation of the intersection of the theater access road and Highway 99W. We want to be assured that the operation of the intersection and of Highway 99W will not experience any significant degradation as a result of the park and ride lot . In evaluating the intersection, we will be relying primarily on ODOT' s analysis . If ODOT is satisfied with the traffic projections and conclusions of the environmental assessment, we will accept ODOT' s determination. Therefore, as we have discussed, in order to provide the assurance you want, I would suggest contacting ODOT to determine what their response will be to any request for comments on a formal development proposal . Regarding the traffic impact fee, we have reviewed the countywide ordinance and determined that the park and ride lot that you propose is exempt from the fee because it is a transit improvement project . Sincerely, Randall R. Wooley City Engineer rw/p&r 4 4') CAA/u•.0 el L. n mew 1"1"107 Tlnnrri nrannin 07293 15031639-4171 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:15 P.04/13 Tri-County Metropolitan C‘ Transportation District of Oregon TRI-MET • TIGARD AREA PARK AND RIDE FACILITY Environmental Assessment April, 1Y91 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:15 P.05/13 TIGARD AREA PARK AND RIDE FACILITY Environmental Assessment Prepared for: Tri-County Metropolitan Transportation District of Oregon Prepared by: McKeever/Morris, Inc. 722 S_W. Second Avenue, Suite 400 Portland, Oregon 97204 April, 1991 , TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:16 P. 06/13 H. NAVIGABLE WATERWAYS Mitigating Measures Impacts No mitigating measures are required. There are no navigable watrtwayewithin nrnear J_ FNDANC:ERED SPECIES the project site_ Impacts Conclusion No threatened or endangered species are located The facility would not have any significant im- within or near the project pacts on navigable waterways. Conclusion Mitigating Measures The facility would not have any significant im- No mitigating measures are necessary. pacts on threatened or endangered species. L ECOLOGICALLY SENSITIVE AREAS Mitigating measures Impacts No mitigating measures are required. The project is not within any ecologically sensi- K. TRAFFIC AND PARKING rive areas. Impacts Conclusion The site will have between 175 and 200 parking The facility would not have any significant irn- spaces,distributed by type as set forth in Table pacts on ecologically sensitive areas. 3. TABLE-3 PRIMARY FEATURES OF SCHEMATIC PLAN FOR SELECTED ALTERNATIVE A-3 Number Standard Parking Spaces 106 Percentage Standard Parking Spaces 61% Number Compact Parking Spaces 64 Percentage Compact Parking Spaces 37% Number Handicapped Parking Spaces 4 Percentage Handicapped Parking Spaces • 2% Total Spaces 174* *Note: Numbers may etidnge by up to 15% with final design • 15 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:16 P.07/13 f A.M. PEAK HOUR I (1) FRED MEYER NOS` r---- --5(14) • 1700(B)... -1180(A) .No■ s(a)w •0>p. IIN r �� v ZQ SITE: z ci TIGARD `P.M. PEAK HOUR CINEMAS FRED (..) MEYER NORTH r�15(A) •• \ 111 ir i .1575(6)—� -1725(B) ¢\�� " v F2-3 = SITE'• z N TIGARD CINEMAS Legend Exhibit 7 • taf i T f c Signals I Existing Traffic Volumes 4--VOLUME(LEVEL OF SERVICE) TRY-MET Tigard Area Park & Ride Facility Environmental Assessment 16 TPT-MFT 710 RI R1 Fax:51)3-739-7717 .1111 10 '95 1d:16 P. 0R/13 l A.M. rCAK HOUR I FRED MEYER Hoar►c\.7" 20 • 0--� �—0 .\OG - 85-11 �J9 a o " ~ O 6 SITE N TIGARD P.H. PEAK HOUR J CINEMAS FRED El) MEYER N°RTM' 20•N f‘‘);'' " ain 0 N ,Fl 99� -- j/ [SITE: " . � h V) -•• TIGARD CINEMAS Legend g Exhibit 8: • Traffic Signals ryOLANE Site Generated Traffic TRI-MET Tigard Area Park & Ride Facility Environmcntnl Assessment 17 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:17 P. 09/13 i [A.M. PEAK HOUR) 0 FRED MEYER 7. NCIRTr • 25(A) cc, 1620(8)... 1 180(A) 4) 40(A)...x �`... t i n 0 N o ESITE:. n - TIGARD 1 P.W. PEAK HOUR 1 CINEMAS 0 M EYER FRED ^ 25(p) • 1575(C)—• M 1645(c) .0 c, 65(A)-N S 11‘ r o� o co irl X99) �� d d SITE I. a TIGARD CINEMAS Legend 1 Exhibit 99 1 • Traffic Signals Total Traffic Volumes W/Site 4--vOLUmE(LEVEL OF SERVICE) TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 18 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:17 P. 10/13 / \ _ . .. \ .svr, . 4 ., . \ \ • INBQUND ,' %1. ■\ . ,, .:.::..,, B s STOP :•:7. 1 QU7BOU . / / — BUS STOP ' \► \ 7 J 6'6' r ikt\ • 1 . —",..,:::\ \ f/t \ • (. _ _._ _._ _ __ .. . \ tle \ • . . \ I \ I r _ �: Legend Exhibit 10 (as shown above) 74th Ave. Turning Configurations TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 19 -- •-- TRT-MFT 710 RI TIC; Fax:5f13-739-7717 .Jul 10 '95 14:18 P. 11/13 Table 4 EXISTING TRAFFIC VOLUMES Intersection Pacific Highway 99 & S.W. 74th Avenue A.M. Peak P.M. Peak #Cary # Car Pacific Highway 99 Westbound Through 1180 1725 Pacific Highway 99 WB LT to SB Through 5 15 Pacific Highway 99 Eastbound Through 1700 1575 Pacific Highway 99 Eastbound Right Turn 5 45 S.W. 74th Ave. Northbound Left Turn 5 60 S.W. 74th Ave. Northbound Right Turn 5 30 Existing,site generated,and traffic movements The project site is estimated to attract 80 percent to and from the site are summarized in Exhibits of its users from eastbound Pacific Highway 7, 8 and 9 on the following pages. 99W traffic and 20 percent from westbound Pacific Highway 99W traffic. Approximately A graphic illustration of the current intersection eighty percent of all site generated car move- turning configurations occuring at S.W. 74th ments are estimated to be inbound during the Ave. and Pacifc Highway 99W is shown on morning peak hour(7:30 a.m. to 8:30&m..)and Exhibit 10. Buses will remain on 99W. and will outbound during the evening peak hour (4:45 not enter the Park&Ride Iot. Loading and un- p.m. to 5:45 p.m.). loading will occur on Pacific Highway. South- bound left-turn movements from Pacific High- Existing traffic volumes at Pacific Highway 99 way 99W onto S.W. 74th Ave. occur using a and S.W. 74th Avenue are shown in Table 4. right-exit-only 'jug handle" as shown on Ex- hibit 10. Very few left turns into the site are Site generated traffic,summarized in Table 5, is expected (5 in the a.m-peak). estimated to create less than a one percent in- crease in traffic volumes westbound on Pacific Table S SITE GENERATED PEAK HOUR TRAFFIC A.M. Peak Pm, Peak #Cars Car Pacific Highway 99 WB LT to SB through 20 10 Pacific Highway 99 Eastbound Right Turn 85 20 S.W. 74th Ave. Northhxvtinri T pft Tarn 20 100 S.W. 74th Ave. Northbound Right Turn 15 25 20 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:18 P. 12/13 Table 6 TOTAL AREA TRAFFIC WITH SITE A_M, Peak P.M. Peak #Cars iCra Pacific Highway 99 Westbound Through 1180 1645 Pacific Highway 99 WB LT to SB'Through 25 25 Pacific Highway 99 Eastbound Through 1620 1575 Pacific Highway 99 Eastbound Right Turn 90 65 S.W. 74th Ave. Northbound Left Turn 25 160 S.W. 74th Ave_ Northbound Right Turn 15 55 Highway 99W and reduce volumes by 80 to 100 The LOS of the intersection does not change trips east of the site. with the addition of the Park and Ride lot traffic -during the am. peak hour. The LOS of the Eighty Pacific Highway 99W eastbound a.m. intersection changes from "B" to "C" with the peak hour cars will be diverted to the Park and addition of the Park and Ride traffic in the p,m. Ride. These 80 tars are rernnverM fmm the real-hour. Pacific Highway 99 westbound through move- ment in the a.m. peak hour and the eastbound Conclusion through movement in the p.m. peak hour. Total traffic, including site generated movements, is The Tigard Park and Ride facility will not have shown in Table 6. a significant impact on parking or traffic. The Level of Service(LOS),movement satura- Mirigaring Measures lion for the existing intersection and the inter- section with the Park and Ride lot are set forth in No mitigating measures are necessary. Tables 7 and 8 for the a.m. and p.m.peak hours. Table 7 MOVEMENT SATURATION AND LEVEL OF SERVICE A.M. Peak Existing existing Plus ite Move Move Saturation Saturation Percentag; LOS pc=n ta gg LOS Pac. Hwy 99 WB Through 47% A 47% A Pac. Hwy 99 WB Lt to SB Thru 12% A 27% - A Pac. Hwy 99 EB Through 64% B 62% B Pac. Hwy 99 EB Rt Turn 9% A 14% A SW 74th Ave_NB Left Turn 11% A 19% A SW 74th Ave. NB Right Turn 12% A 19% A Entire intersection_ 65% B 65% B 21 TRI-MET 710 BLDG Fax:503-239-2217 Jul 10 '95 14:19 P. 13/13 Table 8 MOVEMENT SATURATION AND LEVEL OF SERVICE P.M. Peak g Existing Plus Site j'!ove Move Saturati .n Saturatiart Percentage LOS Percentage Loa Pac. Hwy 99 WB Through 65% B 69% C Pac. Hwy 99 WB Lt to SB Thru 20% A 28% A Pac. Hwy 99 EB Through 60% B 67% C Pac Hwy 99 EB Rt Turn 12% A 13% A SW 74th Ave. NB Left Turn 34% A 38% A SW 74th Ave. NB Right Turn 31% A 26% A Entire Intersection 65% B 69% C L. ENERGY REQUIREMENTS AND THE M. HISTORIC PROPERTIES AND POTENTIAL FOR CONSERVATION PARKLANDS Impacts Impacts The purpose of the proposed Park and Ride facil- The project is not located on or in any historic ity is to promote greater use of the region's mass properties or parklands (see letter from State transit system. Busses are far more energy Historic Preservation Officer in Appendix B). efficient than automobiles, requiring approxi- mately 2.7 million btus per 1,000 passenger Conclusion miles versus 6.0 million burs per 1,000 passen- ger miles. There will be no space conditioned The facility would not have any significant im- structures on the site. The only on-going pacts on historic properties and parklands. operational energy requirements are for the lighting. High pressure sodium vapor light Mitigating Measures bulbs,which are highly energy-efficient,will be used. No mitigating measures are required. Conclusion N. CONSTRUCTION The facility would not have any significant Impacts impacts on energy requirements or the potential for conservation. Noise Mirigating Measures The proposed Park and Ride site is surrounded by commercial uses and vacant land. Noise No mitigating measures arc required_ impacts caused by construction of the project 22 07/11/95 14:48 TRY—MET 4 503 684 7297 NO.694 L02 • After Recording Return To: Until a change is requested, all tax statements shall be Dean Phillips sent to: Tri-Met 710 NE Holladay Street No Change Portland, Oregon 97232 • EASEMENT AGREEMENT PARTIES: THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON ("Tri-Met") EASTGATE THEATRE, INC. ("Act III") TOM MOYER THEATRES, a partnership ("Owner") RECITALS WHERE ,, Tri-Met owns a parcel of real property described hereinbelow; and WHEREAS, it is the intent of Tri-Met to construct a parking lot on Tri-Mat's property to provide a Park & Ride Lot for Tri-Met's patrons and customers using the bus pullout located on Highway 99 immediately north of the proposed parking lot; and WHEREAS, Tri-Met, Owner and Act III desire to provide for certain easements, maintenance, and certain other rights and responsibilities with respect to the Tri-Met Park & Ride Lot. NOW., THEREFORE, in consideration of the mutual promises and covenants set forth herein and the terms and conditions set forth hereinafter, the parties agree as follows: A. Properties. The parties (singly, a "Party" and collectively, the "Parties") understand and agree that: 1. Tri-Met is the owner of certain vacant land which will serve as the site of a Park & Ride facility described as Parcel 1 in Exhibit A, attached hereto, and shown on the drawing marked Exhibit B, attached hereto ("Parcel 1") ; and 2 . Owner is the owner of a private road to the west of Parcel I described as Parcel 2 in Exhibit A and shown on drawing marked Exhibit B, both attached hereto ("Parcel 2") ; Act III, as tenant, a d Owner, as landlord, have entered into a lease dated .1 , 29?(the "Lease") , covering among other premises, Pa cel 2 . 1 - RECIPROCAL-USE EASEMENT AGREEMENT (sW1/00925/6?465/MA14/601017.3) 07/11/95 14:48 TRI-MET -> 503 684 7297 NO. 694 P03 B. Grant of Easements. 1. Tri-Med.'s Grant. Tri-Met does hereby grant and convey to Owner and Act III , subject to the terms hereof, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement to use Parcel 1 for parking purposes, such parking privileges to be available to Act III and Owner and their respective tenants, subtenants, patrons, customers, employees, agents, invitees, and representatives after 5: 00 p.m. on weekdays and during all hours on weekends in conjunction with the use of the cinema of Act III operated on adjacent property (the "Cinema") . 2 . Act III's Grant. Act III and owner do hereby grant and convey, subject to the terms hereof, to Tri--Met, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement on and over Parcel 2 for the purpose of allowing surface ingress and egress of vehicular and pedestrian traffic (excluding buses and trucks other than light pickup trucks) by Tri-Met, Tri-Met's patrons, customers, employees, agents, invitees, and representatives to make use of Parcel 1 as a Park & Ride facility. 3 . Construction Rights and obligations of Tri-Met. Tri-Met will construct the parking lot, eastern sidewalk and related landscape improvements and lighting pursuant to the plans and specifications attached hereto as Exhibit "C" and incorporated herein by this reference. Portions of the sidewalk and landscaping are situated on Parcel 2. Such construction shall be completed by Tri-Met on or before December 1, 1995, at the sole cost and expense of Tri-Met, including procurement of all necessary land use and other permits required by the City of Tigard with respect to the design of the project, site preparations, bidding and construction. During the course of construction, Tri-Met shall enjoy a temporary construction easement for ingress and egress over Parcel 2 for purposes of completing the construction and obtaining access to Parcel 1. Such temporary construction easement shall terminate and be of no further force or effect upon completion of construction. During the course of construction, Tri-Met shall use its best efforts to avoid hindering access to the Cinema via Parcel 2 and such access shall never be totally obstructed. 4 . Term. The Easements granted under paragraphs 1. and 2 . are not perpetual and shall expire on the later to occur of : (i) April 30, 2014, or (ii) as and when the Cinema permanently ceases operation on the property of Owner situated south of Parcel 1 (the "Cinema Property") ; such termination shall be automatic and self-executing without the necessity of any reentry by Owner or Act III. If, as and when the Cinema is no longer operated on the Cinema Property, owner may file an affidavit to that effect in the Official Records of Washington County, Oregon, to evidence termination of such easements if such cessation of Cinema operations occurs after April 30, 2014 . 2 - RECIPROCAL--USE EASEMENT AGREEMENT (SIA 1/00925/87465/MAM/601017.3) 07/11/95 14:49 TRI-MET 4 503 684 7297 NO.694 PO4 C. Limitation of iJse. Except as specifically authorized by this Agreement, no other use may be made of any easement area covered by this Agreement (the "Easement Area") without the prior written approval of the other Parties. No use may be made of, on, or from the Easement Area relating to the handling, storage, disposal, transportation, or discharge of Hazardous Substances as defined below in this Agreement. Under no circumstances shall any use be made of, or conduct occur on, the Easement Area which would cause the Easement Area, or any part thereof, to be deemed a hazardous waste treatment, storage, or disposal facility requiring a permit, interim status, or any other special authorization under any Environmental Law, as defined below in this Agreement. Notwithstanding the foregoing, nothing herein shall preclude Owner or Act III, their successors, assigns, or tenants, from transporting over the Easement Area materials and substances used in the ordinary course of any business conducted on the Cinema Property provided such materials and substances, including Hazardous Substances, if any, are used, stored, and transported in accordance with applicable state and Federal laws, rules, and regulations. D. Other Uses. Each Party, for itself and for its respective successors, assigns, tenants, customers, patrons, employees, agents, invitees, and representatives, reserves the right to use and enjoy the portion of the Easement Area owned or leased by it for any purpose except to the extent such use materially conflicts with the uses permitted by this Agreement. Owner and Act III expressly reserve unto themselves, and their successors and assigns, the right to grant to others the right to use Parcel 1 for purposes of ingress and egress, the supply of utilities or other services or for any other purpose so long as the grant does not materially interfere with the easement rights granted to Tri-Met hereunder. E. Improvements. No installations, improvements, modifications, or alterations (collectively "Improvements") shall be performed, constructed on, or made to the Easement Area without the prior written consent of the Party who owns or leases the portion of the Easement Area subject to the proposed work. Unless otherwise agreed, any Party which has been given consent to make such Improvements shall restore the surface of the Easement Area to its condition and size prior to such installation, as well as replace, as applicable, any sidewalks, pavement, curbs, driveways, signs, irrigation systems, or other improvements affected by the Improvements, subject only to those changes agreeable to the Parties. Any Party making Improvements to the Easement Area shall perform any work in the Easement Area in a good and workmanlike manner and in a manner which minimizes interruption or disruption to the operations of the other parties. F. Maintenance. The Parties agree that Tri-Met shall pay all maintenance expenses for Parcel 1, including the eastern sidewalk and Tri-Met's parking facility regardless of whether those Improvements lie within Parcel 1 or Parcel 2, and Owner or 3 - RECIPROCAL-USE EASEMENT AGREEMENT (SW1/00925/87465/MAM/601017.3) 07/11/95 14:50 TRI-MET -4 503 664 7297 NO.694 105 Act III, as the case may be, shall bear maintenance expenses for all other areas of Parcel 2 . The Parties agree that the properties shall be maintained in a condition substantially equivalent to the condition existing upon completion of construction of the initial improvements. Each Party shall be responsible for maintaining an insurance policy or self-insurance coverage for all-risk casualties relating to the damage or destruction of the pavement or other improvements in the Easement Area. In the event of damage or destruction of the pavement or other improvements in the Easement Area covered by such insurance policy or self-insurance coverage, the proceeds of such coverage shall be applied to restore the Easement Area. So long as their respective insurers so permit, the Parties hereby mutually waive their respective rights of recovery against each other for any insured loss. The Parties agree that any repair or maintenance shall be undertaken in a manner so as to minimize disruption of traffic in the Easement Area and shall not be undertaken in a manner that will unreasonably deny access or use of the Easement Area. Prior to commencement of repair or maintenance work that may temporarily interfere with access, the Party undertaking the work shall give reasonable prior written notice of the work and the scheduling of the work to the other Parties. In the event of any dispute arising out of the repair and/or maintenance of the Easement Area or the payment of the costs of such work, the Parties agree to submit such dispute to arbitration pursuant to paragraph L. hereinbelow. Each Party shall be solely responsible for the repair of any damage to the Easement Area caused by such Party or such Party's agents, employees, invitees or tenants . G. Indemnities. 1. Each Party shall compensate the other Parties for any and all damages to the other Parties' property or improvements caused by the construction, maintenance, repair, replacement, removal of installations, or other activities undertaken by such Party, or its employees, representatives, agents, or contractors, in the Easement Area. 2, Each Party (the "Indemnifying Party") shall fully indemnify, hold harmless, and defend the other Parties, their respective board members, officers, directors, and employees from and against all claims and actions and all costs, expenses, and liabilities, including, but not limited to, attorney fees, incurred in connection with all claims, including any action or proceeding brought thereon arising from or as a result of death or injury to any person, or loss or damage to any property, resulting from any negligent act or omission of the Indemnifying Party in connection with its use of the Easement Area, including, but not limited to, the Indemnifying Party's installation, operation, or maintenance of the Easement Area, excepting therefrom any claims resulting from the intentional or negligent act, fault, or omission of the indemnitee. 3 . In addition to the indemnity provided in the paragraph above, each Party (an "Indemnifying Party") agrees to 4 - RECIPROCAL-USE EASEMENT AGREEMENT (Sw11/00925/87465/MAM/601017.3) 07/11/95 14:50 TRI-MET -+ 503 684 7297 NO. 694 D06 indemnify, hold harmless, and defend the other Parties (collectively "Indemnified Party") from and against all costs incurred by the Indemnified Party under any state or Federal environmental laws (as defined below) , which costs arise out of, or are in connection with use, generation, treatment, handling, storage, discharge, transportation, or disposal of hazardous substances (as defined below) by the Indemnifying Party. Promptly upon written notice from any governmental entity regarding any hazardous substance contamination to the Easement Area, the Indemnifying Party shall reasonably cooperate with the governmental entity in responding to the notice and shall engage in such remediation as may be required by the governmental entity with respect to all hazardous substances which are in or on the Easement Area as a result of the acts or omissions of the Indemnifying Party, whether in existence prior to the commencement date of this Agreement or thereafter, and shall restore the Indemnified Party or Parties property or the Easement Area to clean, safe, good, and serviceable condition. Any such clean-up shall be in conformance with all applicable governmental rules and regulations. Any costs reasonably incurred by or assessed against the Indemnified Party shall be paid by the Indemnifying Party promptly after the Indemnified Party incurs the obligation to pay such amounts or determines that an assessment is duly owing and so notifies the Indemnifying Party. The Indemnifying Party shall, at its sole expense, defend any and all actions, suits, and proceedings relating to matters covered by the indemnities set forth in this Agreement which may be brought against the Indemnified Party or in which the Indemnified Party may be impleaded and shall satisfy, pay, and discharge any and all judgments, settlements, orders, and decrees that may be obtained or entered against the Indemnified Party or Parties in any such action or proceeding. H. Appurtenant Easement. The Parties agree that the easements created hereunder for the benefit of Tri-Met are appurtenant to the lands of Tri-Met included in or adjoining the Easement Area and shall run with title to such lands so long as the land owned by Tri-Met is used as a Park & Ride facility. The Parties agree that the easements created hereunder for the benefit of Act III and Owner are appurtenant to the lands of Owner included in or adjoining the Easement Area and shall run with title to such lands so long ae the land owned by Owner is used for operation of a cinema. I . Notices. If to Tni-Met: Technical Services Division Kim Knox, Project Coordinator 710 N.E. Holladay Street Portland, Oregon 97232 5 - RECIPROCAL-USE EASEMENT AGREEMENT (W/00925/87465/MAM/601017.3) 07/11/95 14:51 TRI-MET 4 503 684 7297 NO. 694 D0? If to Act III: Tim Reed, vice President Act III Theatres 919 S.W. Taylor Portland, OR 97205 If to Owner: J. misting Encumbrances. The easements granted herein are subject to all easements, conditions, encumbrances, liens and restrictions of record as of the date of recording of this Agreement. K. e ault and Remedies. In the event any Party shall fail to perform any covenant or condition on its part to be performed under this Agreement, and shall fail to cure the same within ten days of receipt of written notice thereof by the nondefaulting Party, then such Party shall be in default of this Agreement and the nondefaulting parties may commence appropriate proceedings pursuant to paragraph L. below in order to obtain such legal or equitable remedies as may be available under Oregon law, excluding, however, termination of the easements created herein, it being the Parties' intent that the easements are terminable only upon expiration of the term set forth herein. L. Arbitration. Any dispute between the Parties arising out of this Agreement, or the breach thereof, shall be settled by binding arbitration in Multnomah County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be before a single arbitrator. The cost of the arbitration shall be shared equally; provided, however, that the arbitrator may award costs and fees to the prevailing Party. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the Parties. M. A torneys° Fees. If any Party to this Agreement breaches any term of this Agreement, then the other Party shall be entitled to recover all expenses of whatever form or nature, costs, and attorneys' fees reasonably incurred to enforce the terms of this Agreement, whether or not suit is filed, including 6 - RECIPROCAL-USE EASEMENT AGREEMENT (suW1/004Z5/87465/MAM/601017.3) 07/11/95 14:52 TRI-MET 4 50 684 7297 NO.694 Doe such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. THIS AGREEMENT is executed this day of 1995. THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON By: Name: Title: EASTGATE THEATRE, INC. By: ■:;./ ///' Name: .;01.- _ _ ■ Title•/ TOM MOYER THEATRES By. Name: isAA,,s. Title: STATE OF OREGON ) ) ss.. County of ) acknowledged before me this day of 5, by No-r+ f The Tri-County Metropolitan ' as Transports' jon, an Oregon on behalf c N X'r e W:. NOTARY PUBLIC FOR .OREGON My Commission Expiates • 7 - RECIPROCAL-USE EASEMENT AGREEMENT csuwiao925f$746snwAM,6o1O17.3) 07/11/95 14:52 TRI-MET 4 503 684 7297 NO. 694 D09 STATE OF OREGON ) SS. County of fL 4U',il[.y ) This inst ment was acknowledg-d •ef• e me this J 1 day of , 1995, by , k • i , as of Eastgate Theatre, Inc. , an ere.o corporation, on ehalf of the corporatio . $ ,r OFFICIAL SEAL �_t1:. ' Mita,- • k i!l' aleVIV--AI JACKIE WILKES NOTARY PUBLIC OREGON + ' � COMMISSION NO. 025828 NOTARY P BLIC FOR OREGON 157 91 MY COMMISSIONEEZPIRES AUG,05,1997 My Commission Expires: _ / STATE OF ) ss. County of �46. / ) his instrument was acknow edged of re me this f/ day of , 1995/ by t-- . x. 1 / -/2 4 , as a partne;?-214, ff TOM-Moyer Theatres, an regon partnersh , on behalf of the partnership. '20L2,e_. ) ,// C.72(--A,2__ NOTARY PUBLIC FOR OREGON My Commission Expires: 4 - 9 7 8 - RECIPROCAL-USE EASEMENT AGREEMENT (S1aIJ1/009 25/87465/MAM/601017.3) 07/11/95 14:52 TRI-MET 503 684 7297 N0.694 D10 EiIEIt STATE FILE 6169001 Page 1 of 2 Uay 24. 1993 /71ECoel PART or t8E R0. 80-41904 A parcel of land Iocated la the Southeast 1/4 of Section 36. T. I 3 . . R. I W. . w.x. , within the C. Richardson D.L.C. No. 53, Washington County, Orogen. Said parcel of land being a part of that certain tract of land conveyed to Phyllis Stewart on November 18. 1980, and recorded in Fee Ho. 80-41904, Washington County Deed. Records . Said parcel being described by metes and bounds as follows: Beginning at a 3/4-inch iron pipe at the most southwesttrlr corner of said Fee No. 60-41904; thence along the westerly line of said Fe. Mo. , H. 01' 56' feet to a 5/8-inch iron rod with yellow plastieaca of 74.91 " erpe Associates, ens. " A stamped lC corner of said Fes Mo. ; thence along m a northerly l soothsad Fe• No. N. 63' 35' 01" E. a distance of 67.40 feet; e of said along a line through said Fee 80. 3. 88' 03 ' 09" Z. ttance of 183.61 feet; thence S. 01' 56' 51" W. a distance ofs71A77 foot to the southerly liras of said Fes Mo. : thence along said southerly line 3. 84' 13' 42" W. a distance of 246.23 feet to the point of beginning. containing an area of 20, 643 square feet of 'land, mere or less. Together with a parcel of land for a permanent slope easement. Said easement being dasaribsd by metes and hounds at follows Commencing at a 3/4•inch pipe corner men of said p iron i e at the most southwesterly lose of said five a No. 80-41904; thence along the westerly / inch _ 51" E. a distaste of 74. 91 lane of a 5 8- "ICarriPe �lss5(8-inc, iron, o with yellow plastic cap stamped " the most ao=thcrlj southwest corner of said Fee No. ; thence along a rertherly line of-said Fee No. N. 65' 35 ' 01" E. a distance of 67 . 40 Point at Beginning; thence continuing along feet to the line of said Fee Ho. H. 65• 4 said northerly f 45. 4 feet to a 3/8-inch i=on rod SS' Ol~ �' a distaste of 45.04 Fee Hto thence aloe at the re-entrant corner of said Fee H a distance c ofglaJline through said Fes He. 3. 88' 03' 09" E. a of 20.00 2 feet; thence 8. 02 ' 56' 51" W. a dints. a of 0 feet: thence 8. 88' 03' 09" W. a distance of the point of beginning. Containing an area of 3,269 square feet of land, more or less. The basis of bearing for the above Recard of Survey pe'rformed by edAsso ia`es is Inc. , for upon - Cou.aty Metropolitan Traesporta,tio�;trictcc: Ortgon . and filed in Washington County. Tri- I 07/11/95 14:53 TRI-MET -> 503 684 7297 N0.694 D11 Exn(8ITi "A" STA. - FILE 6169002 Page 2 of 2 April 7, 1992 / PART or mu eo. 16051674 A parcel of land. locatad in the 8eutheast 1/4 of 9totion 36, • . 1 S. , R. 1 W. , k,X. , within the C. Xi chardaon D.L. C. 53 , Washington County. Oregon. &aid Pro. t part of that certain tract of land conveyed to Phyllis stswsrt and Steuart Trust on November 6. 1986, and tecordtd to Fear lea. • ?6031674, Waahiagtost County Deed Records . Said parcel being described by metes and bounds as follow41 8eginainv at a 5/6-inch iron pipe at the most westerly northwest corner of said rae No. ; theacs along a northerly lino of said Pee Na ,; M. 84' 13' 42" Z. a distance of 266. 23 fact: thence along a lime throe Fee Mo.; 8, 01' 56 ' Si" w. a distance of 248.76 through t to a southerly line of said Pea No, : thence along set .d southerly line, ' 8. 62' 49' 56" W. a distance at 196122 feet to a "5/9-inch iron rod with Yellow plastic aan stamped "Kamp. Associates . Inc.": thence along a southerly line of said Yee No. . S. 65' 42 ' 51" tit. a diatanas of S9.12 fast to a brass screw with brass wesher tared," AI..: thence along a southwesterly lino of said K. 35' 23' Op W. a distance of 63. 63 feet to a 3/4-inch iron pipe; thence along the vestarly line at said ?se Mo. . N. 01' 56' 51" lc. , a distangs of 311 . 01 feet to the paint of beginning. con:ainin0 an area of 71 .319 squire feet of land, mots or 1 esa. The basis of bearing for the above description is based upon Record of survey performed by 'Wane Associates , :nc. , ., Cou..' :y Xetropolitan Transportation District far •led i.-. Washingtaz County. Oregon. of C=sQoa. ;,1 ad • mum ftwammiamwswiftw PAGE — OF_. xh�bt�t Ab. WMIREWIMMMIMMmaymimMMO t 11 95 14:53 TRI-MET 4 503 684 7297 NO. 694 D12 FA ric-E1- 2 "• : -=tea_- .t r INGRESS - EGRESS EASEMENT An easement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966 , Washington County Deed Records , situated in the southeast 1/4 of Section 36 , T . 1 S . , R. 1 W . W .M . , within the G. Richardson D. L . C . No. 55 , Washington County, Oregon . Said easement described by metes and bounds as follows : Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S .W. Pacific Highway and the northerly extension of the westerly line of that certain tract of land as described in Fee No. 80 41904 , recorded November 18 , 1980 , Washington County Deed records ; thence along the northerly line of said Parcel 4 , being said southerly right-of-way line of S.W . Pacific Highway the following two courses : S . 65 ' 38 ' 04" W. a distance of 8 . 71 feet to and angle point ; thence S . 55° 26 ' 04" W . a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4 ; thence along the easterly lines of said exception the following four courses : S 42 ' 06 ' 52" E. a distance of 43 . 2 feet ; thence S . 14 ' 08 ' 56" E. a distance of 53 . 0 feet ; thence S . 00 ' 32 ' 26" E. a distance of 100 . 0 feet ; thence S . 03 ' 05 ' 04" W. a distance of 287 . 9 feet to the southeasterly corner of said exception; thence N . 80 ' 43 ' 47" E. a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674 thence along the easterly line of said Parcel 4 , being the westerly line o'f said Fee No . 86 51674 and the westerly line of said Fee No . 80 41904 and said northerly extension, N. . 01 ° 56 ' 51" E. a distance of 535 . 93 feet to the point of beginning . The basis of bearing for the above description is based upon Record of Survey performed by Kampe Associates , Inc . , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. 07i11i95 14:54 TRI-MET 4 503 684 7297 N0. 694 D13Y T. 1 S., R. 1 W., W.M. ALUMINUM C,AP i WITHIN THE G. RICHARDSON D.L... NO. ASSOCIATES, INC. 5� _ INC. WASHINGTON COUNTY, OREGON FOR: TRI-COUNTY 1.4ETROPOUTAN TRANSPORTATION DISTRICT OF OREGON N. APRIL 7, 1992 SCALE: I" - 100' 1G APR ,J P G o � <1 9 zfl' zo P �yi 229' � : �l0 3/4"IR P.O.B. S E ag. S. 20'55 00'W �' ,0� '' 0.30' D FND 1/2-1R ENO 5/8"{R 66�� cj FND 3/4"IP � z o�,1 7 O 1.' S 65'38'04" W 6t-53B ' C > 8.71' S ono° S 06'40 2G E 'JD 0 ,� 74.44' L S 55'26'04-" W L, Ln 125.9' ��. FND 3/4"IP 0 70.80' FND 5/8.1R S 02'00'00" W W . i t °z 0 O z 43.2' — Cr/ ,0 < N n' !n w S42'06'S2"E S'14.08'56"E `�. o 53.0' / \ii ° S 00 00.0'6" E � .��� • : ` FND 3/4"IP FND 3/4`1P Li SA- 0.39'E EXCEPTION AS r- Ct��•`••••e DESCRIBED IN 7.89'x' PARCEL 4 1' NN .. -�.7¢ BK 618 PG 161 c� ,�10 �{N /IZk ,1 \ th,c3,53b; tx , 4.-4„,41 • \•I‘ oi N. \ G " / o �y 62�• \ G P co 4 S '\ 0 5/8` X 30- IR \411H YELLOW PLASTIC CA- STAMPED�:'+N UNLESS OTHERWISE NOTED ASSOCIATES, INC.' ■ ��� 66.53' •S 45'42'51" W 9117=X.D' N 80'43'47" E 59.32' PUwNINc iii cmi. ENciNEERING FND 3/.�"IP 4.4N0 SURVtIING SET BRASS SCREW & • BRASS WASHER PUNCHED KAMPE ASSOCIATES ' "KAI" IN CONCRETE DITCH 3681 S.W. CARmAN DRIVE BANK • LAKE oswECO, oREGQN 97035 S(�a��`� (5°3)'35-6291-FAX(5o3) 635=5480 I i 07/11/95 14:55 TRI-MET 4 503 6134 7297 NO. 694 P14 EXHIbI I tUK INVKL S - GVh(r. r ∎�mr_iv i Z A PORTION OF PARCEL 4, 8001 SET 5/8"1R WI PAGE 161 PUNCH MARK IN SITUATED IN THE SE 1/4 SEC ALUMINUM CAP T. 1 S., R. 1 W., W.M. ASSOCIATES,AMP ALL WITHIN THE G. RICHARDSON D.L.C. NO. 55 WASHINGTON COUNTY, OREGON . FOR TRI-COUNTY ►IETROPOUTAN TRANSPORTATION DISTRICT OF OREGON APRIL 7, 1992 SCALE: l' - 100' 1 C'‘‘ y `� ` 241t-• P.O.B. � 5� \ G �R F 20° 20' Q \ 229 395 FND 3/4"IR .tl. $g. S. 20 55 00 W S' 0.30' n FND /2"IR FND 5/8"1R 6 -5 ),o.11; �FNQ 3/4"iP z S 65'38'04' W 560$o ari S 06'40'26" E w 8.71' '\ ' 74.44 �. �' S 55'26'04" W 125.9' END 3/4-IP 0 70.80' z tEND, }o 5/8"iR S 02 00'00" W LA z 0 M 0 co (NI 43.2' rn �� N ` w S42'06'52"E r \\kr50�X11 cr± d! m h ;_ o S14'08'56"E - 5655 FEE NO. 80 41904 ° 0 53.0' - til rn m v ¢ Vj S 00'32'26" E 83' `FND 3/4"!P 100.0' N38413'42" E. 279.. 0 FND 3/4"iP END 39 E IP EXCEPTION AS t i j 7.89'✓' DESCRIBED IN lo FEE NO. 86 51674 PARCEL 4 ;n SK 618 PG 161 In O N c z N PARCEL 4 BOOK 618 PAGE 161 49-$!k P5 EN in �a O a A 56 Fz O ) . S 62 '( \ G P` 0 5/8" X 30' IR WITH YELLOW PLASTIC CA ,Gj�DS STAMPED "KAMPE ASSOCIATES, INC.' �� ,/5� UNLESS OTHERWISE NOTED / ! 91178X.D1' 66.53'fJ S 45'42'51" W • 59.32' PLANNING 80'43'47" E CML ENGINEERING LAND SURVEYING FND 3/4"IP SET BRASS SCREW do BRASS WASHER PUNCHED KAMPE ASSOCIATES i "KAI" IN CONCRETE DITCH 3681 S.W. CARMAN DRIVE BANK LAKE OswEGO, OREGON 97035 (503)635-6291• FAX(503) 635-5480 07 i '7+5 14:55 TRI-MET 4 503 684 7297 NO.694 P15 INGRESS - EGRESS EASEMENT An easement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966, Washington County Deed Records , situated in the southeast 1/4 of Section 36 , T. 1 S . , R. 1 W . W .H. , within the G. Richardson D . L . C. No . 55 , Washington County, Oregon. Said easement described by metes and bounds as follows : Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S .W. Pacific Highway and the northerly extension of the westerly line of that certain tract of land as described in Fee No. 80 41904, recorded November 18 , 1980 , Washington County Deed records ; thence along the northerly line of said Parcel 4 , being said southerly right-of-way line of S .W . Pacific Highway the following two courses : S . 65 ' 38 ' 04" W . a distance of 8 . 71 feet to and angle point ; thence S . 55° 26 ' 04" W . a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4 ; thence along the easterly lines of said exception the following four courses : S 42 ° 06 ' 52" E. a distance of 43 . 2 feet; thence S . 14 ° 08 ' 56" E. a distance of 53 . 0 feet ; thence S . 00 ° 32 ° 26" E. a distance of 100 . 0 feet ; thence S . 03 ° 05 ' 04" W . a distance of 287 . 9 feet to the southeasterly corner of said exception; thence N . 80° 43 ' 47" E . a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674 ; thence along the easterly line of said Parcel 4 , being the westerly line of said Fee No. 86 51674 and the westerly line of said Fee No . 80 41904 and said northerly extension, N . 01° 56 ' 51" E. a distance of 535 . 93 feet to the point of beginning . The basis of bearing for the above description is based upon Record of Survey performed by Kampe Associates , Inc . , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. (Ati" CITY OF TIGARD July 11, 1995 OREGON Mr. David Bennett Copeland, Landye, Bennett and Wolf 3500 First Interstate Tower Portland, OR 97201 Dear Mr. Bennett: This letter is in response to your letter dated July 7, 1995 to a Mr. Dick Bewersdorff of the City of Tigard. I would like to clarify the condition of the traffic study. The study itself will not alleviate the congestion on the private drive, as was implied by your letter. The report conditioned that an access be provided to alleviate the impact on the private drive. However, if the applicant can show through a traffic study that the impact on the private drive is negligible, the applicant will not be required to provide a driveway to SW 72nd Avenue. If you have any further questions please feel free to contact me. Sincerely, Will D'Andrea Assistant Planner h:\login\wil I\weber.Itr c Dick Bewersdorff J. David Bennett, P.C. 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 • C'N DWBS: WML091.136 TRI-MET TECHNICAL SERVICES DIVISION 710 N.E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 July 11, 1995 Les Fullerton Alprop Company 6149 SW Shattuck Road Portland, OR 97221 Re: Tigard Park and Ride Drainage Pipe Removal Dear Mr. Fullerton: Tri-Met is proposing to construct a new 210-space park and ride facility located immediately south of your property on Pacific Highway at the access driveway to Tigard Cinemas. During a recent site visit, Tri-Met personnel noticed a drainage pipe which extended from the building on your property to Tri-Met's property. Because construction is scheduled to commence in August 1995, it will be necessary to redirect the drainage pipe away from Tri-Met's property so that drainage flows back onto your property. The purpose of this letter is to request your cooperation in promptly removing the drainage pipe so that drainage is redirected away from the Tri-Met property. In light of Tri-Met's construction schedule, it will be necessary to remove the pipe within the next 30 days. Please feel free to call me at 239-6716 if you have any questions. Sincerel , lottey Kimberly Knox Project Coordinator KK:ck cc: Will D'Andrea, City of Tigard Rick Kindig Denise Turner Dean Phillips TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON `0 „X I. '' - ' - • w • • • -i gD'fir 8 \ °4r 4 • _` J /, — / / -- '?i• /I111•r '- _' I - - I-il 99 • 1 „S.F. FCIFICiff99r) 14 _ I C- -^ . \ — _ 1 !�R! . .1 .•T 1Y • 71'm __ ..�..�I 57 I 5,..._ r --��sr +r q S 1 \ [XlS11NG 57ROpMIG\'�\y 1. tea-�-� 42. ----':-: �-,, � ' ` ,$ _ -: ` `�•''� ` _ 1-~I ,.Ai A ��w e�� •�1 � . i - r .. T ' - -_ -i / � � Ji . / �I . '---------. :Eirt. ... : .w , --_ ___________. I) J- a ' = -I _ -, _ _/ / ...44'..).— V 7 \ ---c:- . \ t-,,,,.... /\I tur / , -4>,--.>.,..) : _.-------- -,-0,., i, 7\ s'7 40, ,/ `„r - / ' / � 1 -st' / '4.— - : /y , ' /' � i /- / / f % i 0 I . — _ fro r / � ``�' \ GRAPHIC SCALE ,./. �d ` � q � zo o ao At mil NB in =NEI 1 t;i.. j j THIS PLAN 1S ONE—HALF SIZE REPRODUCED 6a / , I / „4, ----N. / ..„„N.... . 111. \1.........■..... .......N Z,,, ,n,,,, a TRI—COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON -nGARD PARK AND RIDE :1«� DATE 71IFKT User"Ms. SW PACIFIC HIGHWAY FRONTAGE —” DATE TRI-MET Kmerb.M19IN 04051 DATE _-O.' O.YYI MA P.ai>-.11/MOO)si-.Y• . SCAL.0 p1AvlK.,c. C0171UCf 10. 9CFl Wr �a a►a a�wra`ncvlmis DATE anwn[a I MIT, p I°A� 1'- 11r I CT-c I 2 _ - .-.ter-.r�..1 r)L1 nr-.a i (•I 1n\ /ITI�A 1 . A X011 jA 1CX]iq 9,172 RT-"C 1 • ri` WBS: WML091.136 t� J TRI-MET TECHNICAL SERVICES DIVISION 710 N.E. HOLLADAY STREET PORTLAND,OREGON 97232 (503)239-2100 FAX(503)239-2280 July 11, 1995 Phyllis Stewart 621 SW Englewood Drive Lake Oswego, OR 97034 Re: Tigard Park and Ride Drainage Pipe Removal Dear Mrs. Stewart: As we discussed on the phone, Tri-Met is proposing to construct a new 210-space park and ride facility located immediately south of your property on Pacific Highway at the access driveway to Tigard Cinemas. During a recent site visit, Tri-Met personnel noticed a drainage pipe which extended from the catch basin on your property to Tri-Met's property. Because construction is scheduled to commence in August 1995, it will be necessary to redirect the drainage pipe away from Tri-Met's property so that drainage flows back onto your property. However, before redirecting the drainage pipe, Tri-Met requests that you provide written permission by acceptance of this letter. By signing this letter, you are acknowledging that you are the owner of the property, and you are permitting Tri-Met to immediately redirect the drainage pipes, as shown on the plan attached hereto. Please feel free to call me at 239-6716 if you have any questions. Sincerely, 14116 bVi t)t Kimberly Knox ACCEPTANCE BY: Project Coordinator KK:ck Dated: cc: Will D'Andrea, City of Tigard Rick Kindig Denise Turner Dean Phillips TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON 97/11/95 13:42 TRI-MET -. 503 684 7297 NO.693 P02 . TRI-MET ORANDUM DATE: July 11, 1995 TO: Will D'Andrea, Michael Anderson FROM: Kim Knox, Tri-M SUBJECT: Tigard Park and Ride Attached are two of the three project elements requested by the City of Tigard in our July 10th meeting at your offices. As we discussed in that meeting, the information is intended to specifically address the issues surrounding creation of an access to 72nd Avenue and the traffic impacts to the theater access driveway. The two pieces of information are: 1) July 11, 1995 letter from Tom Lancaster outlining the traffic-related issues raised in the meeting specifically related to the potential for backed-up traffic on the theater driveway and 99W and the circulation issues related to entering/exiting traffic related to the dance studio. 2) Two sheets of drawing revisions indicating the driveway stub to the Stewart property to the east and changes to signage and directional arrows at the northern Park and Ride driveway to address potential queuing problems on the theater access driveway. Finally, the driveway access agreement has been signed by Act III Theater and will arrive at my office by 2:00 today. I will fax you this agreement as soon as it reaches my desk. Please call me immediately with any questions at 239-6716. As you are well aware, the potential of a land use appeal by the Stewarts is pending your acknowledgement of this information. For your information, I left a phone message for to Dr. Webber as well but have not heard back from him as yet. We greatly appreciate your cooperation throughout this process. 07/11/95 13:43 TRI-MET 9 503 684 7297 NO.693 D03 07/11/1995 10:09 503 • ,51 Tt>,1 R LA OCAS t. PEKE 01 SCE kNG'INEERING alit • Ilnhlna • Santry July 11, 1995 Kim Knox Tri-Met 710 NE Holladay Street Portland, OR 97232 Dear Kim: As requested by the City of Tigard, I have looked at potential traffic operations problems re the ttriiveways to the Tigard Cinema Access Road from the planned Tri- Met Park and Ride lot in Tigard. Two driveways are proposed: one at the north end of the parking lot and one at the south end. Traffic problems on the access road would be most likely to occur during the evening peak hour. This is the period when the traffic exiting the pack and ride lot will be greatest, and also when theater traffic may be heavy. The traffic impact study con- ducted for the park and ride lot measured 90 existing northbound cars on the access road at Highway 99W during the evening peak hour. The study projected that about 125 northbound cars would be generated by the park and ride lot, for total of 215. There are two northbound lanes (plus a very short right-turn lane), which would result in an average or about 110 cars per lane. During the evening peak hour, the traffic signal at the access road and 99W op- erates on a 140-second cycle length. With an average of 110 cars per lane per hour, the average queue length will be four cars per lane per cycle, or 80 feet. During peak times within the peak hour, the queue length could be up to six cars per lane, or 160 feet. These estimates were confirmed at the site on July 10 at 5:15 PM when queue lengths of one to two cars per lane at the end of the red interval were'observed. The north parking lot driveway is about 160 feet south of 99W, which means that the queue length would not normally interfere with this driveway. It is possible, however, that if a movie at the theater ends during the evening peak hour, there could be lengthy backups of northbound traffic on the theater access road at 99W. if this occurs, southbound traffic on the access road intending to enter the north driveway to the parking lot could be blocked. Queues building up behind the blocked traffic could conceivably extend to the north and affect the 99W intersection. Union Station,Suits 206 •'509 N,W 6th Avenue • Portland,OR 97209 • Phone(503)248-0313 • FAX(503)2484251 07/11/95 13:43 TRI-MET i 503 684 7297 NO.693 D04 07/11/1995 10;69 503: 251 TCM R LANCAS PACE 02 IP LANCASTER ENGINEERING Kim Knox July 11, 1995 Page 2 To avoid this possibility, the north parking lot driveway could be designated as exit only. In addition, it would be helpil to extend the northbound left-turn lane striping on the theater access road as far to the south from 99W as possible to encourage the for- mation of two northbound lines of traffic. If the north driveway is designated as exit only, then all entering traffic will use the south driveway. The south driveway will be located about 80 feet north of the exist- ing dance studio driveway at the south end of the dance studio on the west side of the theater access road. This is a sufficient distance that southbound traffic on the access road entering the south driveway to the park and ride lot will not interfere with traffic entering or exiting the dance studio driveway,. In sutninar'y, it appears that the park and ride driveways can be operated in a mariner that will not result in operational problems on the theater access road. If you have any questions regarding this analysis, please let me know_ Yours tml , i 1! Tons R. , ;§ .E Principal 0 I. 4, to as 5 p 1� 9s+ , 1.0) oa1q . 07/11/95 13:44 TRI-MET 4 50 684 7297 NO.693 905 JUL.-11-1995 11:14 FRG KR"PE ASSOC IRTES. INC TO 2392281 P.02 '',. '.• .... - .XS .' •• . '' .•a ;� 10 S ANDA RD . ': +' 41.11115 ;. rtt45 '. ,Tr# ‘:." .4!. ,. Animit< 1 " ' \ ).._, ..r... ; t° I L -------1 �• ._ - .. u 1 r------ 60' 57' i _ 1 h 11/4 V ce- 1--11 : ;ill; ._ ,� }co I ,�, La . 710; dI . .• - 1- C) 01 17-i;1::; 11 cllti/ ..,... v) () 514 l'E • — .—V5.----. 0 4*. c2 1 ' I° 3 t ri, ,,,...3 / t / 4D ?6?;Le..) w‘pl- , di- pti . . c) 1 t„,, Vtl°14 . c) 0. i ell ti, P1:1 1(1)A .1 . t i ...NOP op■mim Ifi.. u i ' I i i . 07/11/95 13:44 TRI-MET i 503 684 7297 NO.693 DOE JUL-11-1995 11:14 ERG, MIPS ASSOC IATES• INC TO 2392281 P.03 `'I I I r 1obw iiJ s. 4 Jt_ 14 - . _J 1"'!' n. :4 0 50<f • Q I • . 1 ° , 2 4, , taiiimin-Nne -, 1 ,,,, .. . ii • iq § 1 . -.I I " -... , . t 1 6 115' f " - . _ 18' F ' I z f • . r• v . , om v v 1 vU 1 V r e ' P� 0 v U. Q v .° N., 4 , t :t_V-7": **..) T•. ..ter HZIRCM-+-----° ® v 4 • -07/11/95 14:48 TR I-"�T -+ 503 684 7297 - NO.694 [ O2 After Recording Return To: Until a change is requested, all tax statements shall be Dean Phillips sent to: Tri-Met 710 NE Holladay Street No Change Portland, Oregon 97232 EASEMENT AGREEMENT PARTIES: THE TRY-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON ("Tri-Met") EASTGATE THEATRE, INC. ("Act III") TOM MOYER THEATRES, a partnership ("Owner") RECITALS WHEREAS, Tri-Met owns a parcel of real property described hereinbelow; and WHEREAS, it is the intent of Tri-Met to construct a parking lot on Tn -Mat's property to provide a Park & Ride Lot for Tri-Met's patrons and customers using the bus pullout located on Highway 99 immediately north of the proposed parking lot; and WHEREAS, Tri-Met, Owner and Act III desire to provide for certain easements, maintenance, and certain other rights and responsibilities with respect to the Tri-Met Park & Ride Lot. WOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and the terms and conditions set forth hereinafter, the parties agree as follows: A. Properties. The parties (singly, a "Party" and collectively, the "Parties") understand and agree that: 1. Tri-Met is the owner of certain vacant land which will serve as the site of a Park & Ride facility described as Parcel 1 in Exhibit A, attached hereto, and shown on the drawing marked Exhibit B, attached hereto ("Parcel 1") ; and B . Owner is the owner of a private road to the west of Parcel 1 described as Parcel 2 in Exhibit A and shown on drawing marked Exhibit B, both attached hereto ("Parcel 2") ; Act III, as tenant, a d Owner, as landlord, have entered into a lease dated ,.f� , 19 (the "Lease") , covering among other premises, Pa{{ce,,l 2. 1 - RECIPROCAL-USE EASEMENT AGREEMENT (sW1/00925/87465/MAM/601017.3) 07/11/95 14:48 TRJ '7T -4 503 684 7297 NO.694 1703 B. Grant of Easements. 1. Tri-Met's Grant. Tri-Met does hereby grant and convey to Owner and Act III, subject to the terms hereof, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement to use Parcel 1 for parking purposes, such parking privileges to be available to Act III and Owner and their respective tenants, subtenants, patrons, customers, employees, agents, invitees, and representatives after 5:00 p.m. on weekdays and during all hours on weekends in conjunction with the use of the cinema of Act III operated on adjacent property (the "Cinema") . 2 . pct III's Grant. Act III and owner do hereby grant and convey, subject to the terms hereof, to Tri-Met, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement on and over Parcel 2 for the purpose of allowing surface ingress and ' egress of vehicular and pedestrian traffic (excluding buses and trucks other than light pickup trucks) by Tri-Met, Tri-Met's patrons, customers, employees, agents, invitees, and representatives to make use of Parcel 1 as a Park & Ride facility. 3 . construction Rights and Obligations of Tri.-Met. Tri-Met will construct the parking lot, eastern sidewalk and related landscape improvements and lighting pursuant to the plans and specifications attached hereto as Exhibit "C" and incorporated herein by this reference. Portions of the sidewalk and landscaping are situated on Parcel 2. Such construction shall be completed by Tri-Met on or before December 1, 1995, at the sole cost and expense of Tri-Met, including procurement of all necessary land use and other permits required by the City of Tigard with respect to the design of the project, site preparations, bidding and construction. During the course of construction, Tri-Met shall enjoy a temporary construction easement for ingress and egress over Parcel 2 for purposes of completing the construction and obtaining access to Parcel 1. Such temporary construction easement shall terminate and be of no further force or effect upon completion of construction. During the course of construction, Tri-Met shall use its best efforts to avoid hindering access to the Cinema via Parcel 2 and such access shall never be totally obstructed. 4 . Term. The Easements granted under paragraphs 1. and 2 . are not perpetual and shall expire on the later to occur of: (i) April 30, 2014, or (ii) as and when the Cinema permanently ceases operation on the property of Owner situated south of Parcel 1 (the "Cinema Property") ; such termination shall be automatic and self-executing without the necessity of any reentry by owner or Act III. If, as and when the Cinema is no longer operated on the Cinema Property, owner may file an affidavit to that effect in the Official Records of Washington County, Oregon, to evidence termination of such easements if such cessation of Cinema operations occurs after April 30, 2014. 2 - RECIPROCAL-USE EASEMENT AGREEMENT ($UU1/00925/87465/NAN/601017.3) •07/11/95 14:49 TRI "rT 503 684 7297 NO.694 D04 C. Limitation of Use. Except as specifically authorized by this Agreement, no other use may be made of any easement area covered by this Agreement (the "Easement Area") without the prior written approval of the other Parties. No use may be made of, on, or from the Easement Area relating to the handling, storage, disposal, transportation, or discharge of Hazardous Substances as defined below in this Agreement. Under no circumstances shall • any use be made of, or conduct occur on, the Easement Area which • would cause the Easement Area, or any part thereof, to be deemed a hazardous waste treatment, storage, or disposal facility requiring a permit, interim status, or any other special authorization under any Environmental Law, as defined below in this Agreement. Notwithstanding the foregoing, nothing herein shall preclude Owner or Act III, their successors, assigns, or tenants, from transporting over the Easement Area materials and substances used in the ordinary course of any business conducted on the Cinema Property provided such materials and substances, including Hazardous substances, if any, are used, stored, and ' transported in accordance with applicable state and Federal laws, rules, and regulations. D. Other Uses. Each Party, for itself and for its respective successors, assigns, tenants, customers, patrons, employees, agents, invitees, and representatives, reserves the right to use and enjoy the portion of the Easement Area owned or leased by it for any purpose except to the extent such use materially conflicts with the uses permitted by this Agreement. Owner and Act III expressly reserve unto themselves, and their successors and assigns, the right to grant to others the right to use Parcel 1 for purposes of ingress and egress, the supply of utilities or other services or for any other purpose so long as the grant does not materially interfere with the easement rights granted to Tri-Met hereunder. E. Improvements. No installations, improvements, modifications, or alterations (collectively "Improvements") shall be performed, constructed on, or made to the Easement Area without the prior written consent of the Party who owns or leases the portion of the Easement Area subject to the proposed work. Unless otherwise agreed, any Party which has been given consent to make such Improvements shall restore the surface of the Easement Area to its condition and size prior to such installation, as well as replace, as applicable, any sidewalks, pavement, Curbs, driveways, signs, irrigation systems, or other improvements affected by the Improvements, subject only to those changes agreeable to the Parties. Any Party making Improvements to the Easement Area shall perform any work in the Easement Area in a good and workmanlike manner and in a manner which minimizes interruption or disruption to the operations of the other parties. F. Jaintenance. The Parties agree that Tri-Met shall pay all maintenance expenses for Parcel 1, including the eastern sidewalk and Tri-Net's parking facility regardless of whether those Improvements lie within Parcel 1 or Parcel 2, and Owner or 3 - RECIPROCAL-USE EASEMENT AGREEMENT (s M1/00925/(57465/MAM/601017.3) .07/11/95 14:50 TR I-''T -. 503 684 729? NO.694 1905 Act III, as the case may be, shall bear maintenance expenses for all other areas of Parcel 2 . The Parties agree that the properties shall be maintained in a condition substantially equivalent to the condition existing upon completion of construction of the initial improvements. Each Party shall be responsible for maintaining an insurance policy or self-insurance coverage for all-risk casualties relating to the damage or destruction of the pavement or other improvements in the Easement Area. In the event of damage or destruction of the pavement or other improvements in the Easement Area covered by such insurance policy or self-insurance coverage, the proceeds of such coverage shall be applied to restore the Easement Area. So long as their respective insurers so permit, the Parties hereby mutually waive their respective rights of recovery against each other for any insured loss. The Parties agree that any repair or maintenance shall be Undertaken in a manner so as to minimize disruption of traffic in the Easement Area and shall not be undertaken in a manner that will unreasonably deny access or use of the Easement Area. Prior to commencement of repair or maintenance work that may temporarily interfere with access, the Party undertaking the work shall give reasonable prior written notice of the work and the scheduling of the work to the other Parties. In the event of any dispute arising out of the repair and/or maintenance of the Easement Area or the payment of the costs of such work, the Parties agree to submit such dispute to arbitration pursuant to paragraph L. hereinbelow. Each Party shall be solely responsible for the repair of any damage to the Easement Area caused by such Party or such Party's agents, employees, invitees or tenants. G. Indemnities 1. Each Party shall compensate the other Parties for any and all damages to the other Parties' property or improvements caused by the construction, maintenance, repair, replacement, removal of installations, or other activities undertaken by such Party, or its employees, representatives, agents, or contractors, in the Easement Area. 2. Each Party (the "Indemnifying Party") shall fully indemnify, hold harmless, and defend the other Parties, their respective board members, officers, directors, and employees from and against all claims and actions and all costs, expenses, and liabilities, including, but not limited to, attorney fees, incurred in connection with all claims, including any action or proceeding brought thereon arising from or as a result of death or injury to any person, or loss or damage to any property, resulting from any negligent act or omission of the Indemnifying Party in connection with its use of the Easement Area, including, but not limited to, the Indemnifying Party's installation, operation, or maintenance of the Easement Area, excepting therefrom any claims resulting from the intentional or negligent act, fault, or omission of the indemnitee. 3 . In addition to the indemnity provided in the paragraph above, each Party (an "Indemnifying Party") agrees to 4 - RECIPROCAL-USE EASEMENT AGREEMENT (sw1ronzsi8746,/mAmmo1017.3) •07/11/95 14:50 TRJ "7-T -+ 503 684 729? N0.694 D06 indemnify, hold harmless, and defend the other Parties (collectively "Indemnified Party") from and against all costs incurred by the Indemnified Party under any state or Federal environmental laws (as defined below) , which costs arise out of, or are in connection with use, generation, treatment, handling, storage, discharge, transportation, or disposal of hazardous substances (as defined below) by the Indemnifying Party. Promptly upon written notice from any governmental entity regarding any hazardous substance contamination to the Easement Area, the Indemnifying Party shall reasonably cooperate with the governmental entity in responding to the notice and shall engage in such remediation as may be required by the governmental entity with respect to all hazardous substances which are in or on the Easement Area as a result of the acts or omissions of the Indemnifying Party, whether in existence prior to the commencement date of this Agreement or thereafter, and shall restore the Indemnified Party or Parties property or the Easement Area to clean, safe, good, and serviceable condition. Any such clean-up shall be in conformance with all applicable governmental rules and regulations. Any costs reasonably incurred by or assessed against the Indemnified Party shall be paid by the Indemnifying Party promptly after the Indemnified Party incurs the obligation to pay such amounts or determines that an assessment is duly owing and so notifies the Indemnifying Party. The Indemnifying Party shall, at its sole expense, defend any and all actions, suits, and proceedings relating to matters covered by the indemnities set forth in this Agreement which may be brought against the Indemnified Party or in which the Indemnified Party may be impleaded and shall satisfy, pay, and discharge any and all judgments, settlements, orders, and decrees that may be obtained or entered against the Indemnified Party or Parties in any such action or proceeding. H. Appurtenant Easement. The Parties agree that the easements created hereunder for the benefit of Tri-Met are appurtenant to the lands of Tri-Met included in or adjoining the Easement Area and shall run with title to such lands so long as the land owned by Tri-Met is used as a Park & Ride facility. The Parties agree that the easements created hereunder for the benefit of Act III and Owner are appurtenant to the lands of Owner included in or adjoining the Easement Area and shall run with title to such lands so long as the land owned by owner is used for operation of a cinema. I. Notices. If to Tri-Met: Technical Services Division Kim Knox, Project Coordinator 710 N.E. Holladay Street Portland, Oregon 97232 5 - RECIPROCAL-USE EASEMENT AGREEMENT (SW1/00925/87465/MAM/601017.3) 07/11/95 14:51 TRI- "rT 4 50 684 7297 NO.694 (707 If to Act III: Tim Reed, Vice President Act III Theatres 919 S.W. Taylor Portland, OR 97205 If to Owner: J. Existing Encumbrances. The easements granted herein are subject to all easements, conditions, encumbrances, liens and restrictions of record as of the date of recording of this Agreement. K. Default and Remedies. In the event any Party shall fail to perform any covenant or condition on its part to be performed under this Agreement, and shall fail to cure the same within ten days of receipt of written notice thereof by the nondefaulting Party, then such Party shall be in default of this Agreement and the nondefaulting parties may commence appropriate proceedings pursuant to paragraph L. below in order to obtain such legal or equitable remedies as may be available under Oregon law, excluding, however, termination of the easements created herein, it being the Parties' intent that the easements are terminable only upon expiration of the term set forth herein. L. Arbitration. Any dispute between the Parties arising out of this Agreement, or the breach thereof, shall be settled by binding arbitration in Multnomah County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be before a single arbitrator. The cost of the arbitration shall be shared equally; provided, however, that the arbitrator may award costs and fees to the prevailing Party. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the Parties. M. Attorneys' Fees. If any Party to this Agreement breaches any term of this Agreement, then the other Party shall be entitled to recover all expenses of whatever form or nature, costs, and attorneys' fees reasonably incurred to enforce the terms of this Agreement, whether or not suit is filed, including 6 - RECIPROCAL-USE EASEMENT AGREEMENT (SWI/00425/87465/MAM/6o1017_3) 07/11/95 14:52 TRJ "c.T 4 503 684 7297 N0. 694 Dab such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. THIS AGREEMENT is executed this day of 1995. THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON By: Name: Title: EASTGATE THEATRE, INC. By: )3aEfd///' Name: Title•/ TOM MOYER THEATRES By: r� Name: Title: STATE OF OREGON ) se. County of ) acknowledged before me this day of 5, by , as h10T artif f The Tri-County MAtropo1itan Transports- jon, an Oregon on behalf 4 Nl c'S' 0/C01-1 NOTARY PUBLIC FOR OREGON My Commission Expires: . 7 - RECIPROCAL-USE EASEMENT AGREEMENT (SUIU1/OO925/87465/MAM/601017.3) • 07/11/95 14:52 TR I -T -► 503 684 7297 NO.694 8709 STATE OF OREGON ) ss. County of IL 40,0 ) ei-h This inst tent was acknowledg-d •ef. a me this 11 day of , 1995, by , k I 1 , as of Eastgate Theatre, Inc. , an ere.o corporation, on ehalf of the corporatio . i 1 - I 411► • 1:r OFFICIA SEAL ,.\`1 1 a►w...�W Ai• 4 JACKIE WILKES . ,,- NOTARY PUBLIC OREGON - " � COMMISSION NO 426828 NOTARY P BLIC FOR 1 MY COMMISSION Et1RES AUG,06,1997 My Commission Expires: q L ‘e)044.0(94-' STATE OF ) ss. • County of a4,4) ) his instrument was acknow edged • - ,,re me th' s // day of , 1995, byt .. .,.,.4 _ ��,,V/_,R, . , as a partne o m Moyer Theatres, an :regon partnersh '/• , on behalf of the partnership. (:),---)044,1Lee ) ..0/- ,-' NOTARY PUBLIC FOR .OREGON My Commission Expires: Cl/U.-97 8 - RECIPROCAL-USE EASEMENT AGREEMENT (suU1/0o925/87465/MAN/601o17.3) 07/11/95 14:52 TRT "c.T 4 503 684 7297 N0.694 D10 • . ial2 ,�" STATE FLL$ 61690x1 E:70l Page 1 of 2 May 24. 1993 / __ PART OF l' No.� 80-41904 A parcel of land located in the Southeast 1/4 of Section 36, T. 1 9. . R. 1. W. . u.m. , within the C. Richardson D.L.C. No. 5.3, Washington County, oregen. Said parcel of land being a of that certain tract of land convened to Phyllis Stewart on November 18. 1980, and recorded in Fee No. 80-41904, Washington County Deed -Records . Said parcel being described by metes and bounds as follows: Beginning at a 3/4•inch iron pipe at the most sottthyesiterlr . corner of said Fee No. 60-41904; thence aloaq the westerly line of said Fee NO. , N. 01' 56' 51" -Z. a distance of 74.91 feet to a 3/8-inch iron rod with yellow plastic ca "Mania Associate:, ;no." at the most _ P stagy hest worrier of said Fee Na, ; thence along a northerly line oofsaid Fee ltv. N. 63' 33' OI" E. a distance at 67.40 feet, along a like through said Fee No. 3. 88' 03' 09" E. thence of 183.61 feet; thence S. 01' $6' 31" W. a distance ofs71. 77 feet to the southerly line of said Fee Ito. ; thence along said the kpeint ofnbeginning 13' 42~ W. a distance of 246.23 feet to Containing an area of 20,643 square f est of 'land. more or lees Together with a parcel of land for a permanent slope aC.Said easement being described by motes and Bound s as follows: Cnstmencing at a 3/4.-inch iron pipe at the most southwesterly ear2lar of said Ti. No. 80-4190 4 line of said Pee No. . K. O1• 56'. thence along the westerly feet to : 3/8-sacs iron rod seen 51" E. a distarxee of T4.9I "X pe associates, inc." at yellow plastic cap stamped co:rier of said Ti. No. ; thence along a most cAthertyl,lineoof-said Fee Ho. Feent . N. 65'ni 4': 0 peace c distance of 67. 40 feet to the eerie Of said Fee No. N. 63. continuing along said northerly Lett to a S/8-inch iron rod ss o1 Z. a distance of 15.04 Fes No. ; thence along at the re-entrant corner of said Fee N a distance he ce a of g a line through said Fee Ho. 3. 6a' distance of 20.00 feet 143.26 thence I. SS' 03 thence 09" K. s distance 0af 183 .61 feet to the point of . beginning. Containing an area of 3,269 SQuara feet of land, mace or leas. The basis of bearing for the abo.e Record of Swivel Pe'rformed by description, is based apes a .for Tri- County Metrepolitsn Transpo.rtationDstrictcc.1 Oregon. and filed in Washington County. WOW ftemommimmmi.w. eXh\Wr mum .�,.,L of...... ,., 07/11/95 14:53 TRJ "rT 503 684 7297 1 .694 Dil • • tXnf8ITI "A" STA.:LE 6169002 Page 2 of 2 Apri i 1992 PART or ras io. 86:S16 A pascal of land. located in the 8etsthsaat 1/4 of 3eotion 36, :. 1 S. , R. SS , 1 W. , V.J( , vithin the C. Richardson D.L. C. No, �fashin g ton County, Oregon. Said parcel of land being a Part of that certain tract of land conveyed to Phyllis 8tevart and ats+.art Trust on Kovembar 6. 1984, and recorded in pia eca. 86031674. Washington County Deed Records. Said parcel being described b bounds ss at a � 4. tollovae Beginning l ! neh iron pipe at the moat Vestarly northveot co=ns of said Tat No. : tbshca along e northerly lino of said rev No.; M. Q4' 13' 422 _, a distance of 246;23 tact: thane* along a line through said re. No. ; 8, 01' S6' 31" N. a distance of 244.74 teat to a aoutherl7 line of said ?s. No. : thence along said southerly line, ' 8. 62' 49' 56" K. a distance of 196.22 feat to a 'S/8-inch iron rod with yellow plastic cap stamped "Kamp, Associates. Inc. . southerly ling of said Yee No. . .3. 43•thence along a diatanes of Sl.32 test to a h::ss sorere v 2 S1 � s stamped "2C:lr": thenaa along a soathvaa t.rl y brags f washer aid re. No. . K. 33' 23' OV" W. a distance of 63.45nfeet to la 3/4-inch iron pipe; thence along the westerly line of said rye Na. . N. 01' 56' 51" t. , s diatsAce of 311.01 feet to the point of bagin ing• containing an ;roc of 73.319 square test of land. more or l.sa. . Th. basis of hearinq. tor the above description is based upon Record of Survey perforated by Rama. Associates , :nc. , for :r1- County Xetropolitaa Transportatiat District of Oregon. filed Washington County. Oregon. ma BIT PAGE --Z.Lk16 flirlsOMBINMEMMINNIWI 07/11/95 14:53 TRI- 503 684 7297 NO.694 P12 {}. ?Aecal- 2 INGRESS - EGRESS EASEMENT An easement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966 , Washington County Deed Records , situated in the southeast 1/4 of Section 36 , T. 1 S . , R. 1 W. W.M. , within the G. Richardson D.L .C. No. 55 , Washington County, Oregon. Said easement described by metes and bounds as follows : Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S.W. Pacific Highway and the northerly extension of the westerly line of that certain tract of land as described in Fee No. 80 41904 , recorded November 18, 1980, Washington County Deed records ; thence along the northerly line of said Parcel 4; being said southerly right-of-way line of S.W. Pacific Highway the following two courses : S . 65 ' 38 ' 04" W. a distance of 8 . 71 feet to and angle point; thence S . 55' 26 ' 04" W. a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4 ; thence along the easterly lines of said exception the following four courses : S 42 ' 06 ' 52" E. a distance of 43 . 2 feet ; thence S . 14' 08 ' 56" E. a distance of 53. 0 feet ; thence S. 00 ' 32 ' 26" E. a distance of 100 . 0 feet; thence S. 03 ' 05 ' 04" W. a - distance of 287 . 9 feet to the southeasterly corner of said exception; thence N . 80 ' 43 ' 47" E. a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674;. thence along the easterly line of said Parcel 4, being the . westerly line of said Fee No. 86 51674 and the westerly line of said Fee No. 80 41904 and said northerly extension, N.. 01 ' 56 ' 51" E. a distance of 535 . 93 feet to the point of beginning . _ The basis of be.aring . for the above description is based upon Record of Survey performed by Kampe Associates , Inc. , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. �X hib'r� 07/11/95 14:54 TR' '.T -► 503 684 7297 NOALUMINUM.694 D13 !� "C F:3" T. 1 S., R. 1 W., W.M. STAMPED 'KAMPE ALL WITHIN THE G. RICHARDSON D.LC. NO. 55 ASSOCIATES, INC.' WASHINGTON COUNTY, OREGON N. FOR: TRI-COUNTY UETROPOUTAN TRANSPORTATION DISTRICT OF OREGON • APRIL 7, 1992 SCALE 1" - 100' I ` C. ‘.1\A A‘ Vs G 5- P G p t� �9 -- z� zo Q `.� 2�.g' FND 3/4"IR 14. E g. S. 20'55'00''0/ L' P.O.B. S-FND 1/2'IR ��Ok `ENO 3/4"IP 0.30' D ENO 5/8-IR 65 05 1 z 1.1 •11 ��0 Z - w •p4 O S 65'38',04" W 565.95 oa S 06'40'26" E ° �o -� 74.44 cn `o < LO S 55'26'04" W W 125.9' �... END 3/4-11:1 \ I., 0 70.80' li ^ FND 5/8-18 S 02'00'00" w (,, I °z M 0 43.2' a? ° Z N 542.06'52"E .1-3 `a Mi m r LI � S1 4'08'S6"E *; o 53.0' :� - -� S 00002'026" E \ 1 �� /4 IP \ 11‘\,. ,.1,N1‘4,1141‘641111,\• • FND s 1 0.39 E EXCEPTION AS .,. DESCRIBED IN 7.89'x• PARCEL 4 \Nr4 * :.• �.74 VI cri ttAtiejtri 1 z SK 618 PG 161 v� ��!O � S kg-. N` P /� N o , 6 RV 0 li., 6 :'P G ., S 'C ' 0 5/8' X 30' IR WITH 1ELLOW PLASTIC CA- ;+� UNLESS OTHERWISE NOTED TES, INC.' 1• &6.53' ,•S 45'4251' W 9117.X_D N 80'43'47" E 59. 2' pt�WN1NG 144 cm. ENCINEERwc FND 3/+"!P •L ND SURV T1Nc SET BRASS SCREW & BRASS WASHER PUNCHED KAMPE ASSOCIATES i "KAI" IN CONCRETE DITCH 3681 S.W. c.&R. ..V DRIVE BANK L. RsWECC, OREGON 97035 !�" ..1..'111.4. a - (503)g35-6291'FA,((503) 6.35-5480 -07/11/95 14:55 TR I "rT -4 503 684 7297 NO.694 D14 XHIbI I 1-0t< INGP . - LVKGJJ G v1rrN I .V. 0. . A PORTION OF PARCEL 4. BOOK PAGE 181 SET 5/8"IR W/ SITUATED IN THE SE 1 4 SEC 36 A MARK IN ALUI�UMI SINUM CAP T. 1 S.. R. 1 W., W.M. STAMPED S MPF' ALL WITHIN THE C. RICHARDSON D.LC. NO. 55 WASHINGTON COUNTY, OREGON . FOR: TRI-COUNTY NETROPOUTAN TRANSPORTATION DISTRICT OF OREGON APRIL, 7, 1992 SCALE 1' - 100' NO `t5> 1 \ G 3A� xw xr Q P 9 3g 4 FTID 3/4"1R iL, .�l- � (23- $q• 3 S. 20.55'00"W P;Q:13. 5 Ok FND 3/41P 0.30' I FNO 1/2"IR FND 5/81R G5 5 / z \ 11sr0 w S 65'38'04- W ' " CO > 8.71' 56-)''\00.0d S 06'40 2s E a 74.44' ") S 55'26'04" W 1 125.9' END 3/41P 0 70.80' o END 5/8"!R S 02-00'00" W w - , z r o x z 43.2' x- °i 43 N in < S42.06'52"E .\\,-- . No d I I r .-- 0 S14-'08.56"E •'08'S6"E 565.3 FEE NO. 80 41904 ° V) 53.0' V/ rn m v 4 vi S 0032'26" E N. 83' \FNO 3/4"!P 100.0' N gq`13'42" E 279. FND 3/41P END 3/4"iP 0.39'E s EXCEPTION AS c'~n 7.89''x• DESCRIBED IN 0 • FEE NO. 86 51674 PARCEL 4 ;n BK 618 PG 161 v) O N z N PARCEL 4 3 a BOOK 618 PAGE 161 �g5�� P S i +� NIA in o 4 56 Fk ° o ,zo� 6 .1k9 \ G P S '( a 5/8" X 30" IR WITH 7ELLOW PLASTIC CA ,�G�'�' 4j STAMPED "KAMPE ASSOCIATES, INC.' i� h�j• UNLESS OTHERWISE NOTED r 91178X.D1' 66.53"'✓ S 45'42'51" W PLANNING N 80.43. " E 59.32. 4 CIVIL ENGINEERING .LAND SURVEYING FND 3/41P SET BRASS SCREW & BRASS WASHER PUNCHED KAMPE ASSOCIATES i "KAI" IN CONCRETE DITCH 3681 S.W. CARMAN DRIVE BANK LAKE OswECO, OREGON 97035 (503)635-8291•FAX(503) 635-5480 - 07/11/95 14:55 TR T '^T -, 503 684 7297 NO.694 P15 INGRESS - EGRESS EASEMENT An easement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966, Washington County Deed Records, situated in the southeast 1/4 of Section 36, T. 1 S. , R. 1 W. W.M. , within the G. Richardson D.L .C. No. 55 , Washington County, Oregon. Said easement described by metes and bounds as follows: Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S.W. Pacific Highway and the northerly extension of the westerly line of that certain tract of land as described in Fee No. 80 41904, recorded November 18 , 1980, Washington County Deed records; thence along the northerly line of said Parcel 4, being said southerly right-of-way line of S.W. Pacific Highway the following two courses : S. 65' 38 ' 04" W. a distance of 8 .71 feet to and angle point; thence S. 55' 26 ' 04" W. a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4; thence along the easterly lines of said exception the following four courses : S 42' 06' 52" E. a distance of 43 . 2 feet; thence S. 14' 08 ' 56" E. a distance of 53.0 feet ; thence S. 00' 32 ` 26" E. a distance of 100 .0 feet ; thence S . 03 ' 05 ' 04" W. a distance of 287 . 9 feet to the southeasterly corner of said exception; thence N. 80' 43 ' 47" E. a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674;- thence along the easterly line of said Parcel 4, being the westerly line of said Fee No. 86 51674 and the westerly line of said Fee No. 80 41904 and said northerly extension, N. 01' 56 ' 57 " E. a distance of 535 . 93 feet to the point of beginning. The basis of bearing for the above description is based upon Record of Survey performed by Kampe Associates, Inc. , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. tI 44. CITY OF TIGARD July 12, 1995 OREGON Nathan Cowen 17750 Shawnee Trail Tualatin, OR 97062 Re: SDR 95-0007/TRI-MET PARK & RIDE Dear Mr. Cohen: The City of Tigard has received a copy of the easement agreement between Tri-Met and Act III Theaters. The City has also received a traffic study related to the impact of Tri-Met on the private driveway. The report concludes that with modifications to the site plan, exit only driveway and striping changes, the proposed driveways can operate in a manner that will not result in operational problems on the theater access road. The City accepts this conclusion. Therefore, Tri-Met will not be required to construct a driveway to SW 72nd Avenue as a condition of development approval. The plan will however, provide for a future parking lot connection with the Stewart Trust property. If you have any further questions, please feel free to call me. Sincerely, William D'Andrea Assistant Planner c: File h:\login\wi I I\stewart.hr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 07/12/1995 16:49 5032449322 JOHN D WEBBER M.D. PAGE 01/04 �t--Ita Fax Note1� 7671 bate—7 7//Z��g�.,,,a//ess�o. �-_ -TI 12 /9 ly ,From, L/J`�//f��/L 5 //w/v6-co. ' � ,4 Phone i/ 31 7/�j Phone Al Faxa 9477 FIX 2 e%LZ , JULY 12, 1995 TO: WILL D'ANDREA CITY OF TIGARD PLANNING DEPARTMENT TIGARD, OREGON 97223 FROM: JOHN D. WEBBER 5452 S .W. 54 AVE. , PDX 97221 BY FACSIMILE TO #684-7297 RE: TRIMET TIGARD PARK AND RIDE SDR-00007 BY THIS FACSIMILE NOTICE, I HEREBY WITHDRAW MY APPEAL OF THE LAND USE DECISION SDR-0007 . ENCLOSED FIND A SIGNED SETTLEMENT LETTER BETWEEN TRIMET AND JOHN D. WEBBER IN THE MATTER OF THE SDR-0007 LAND USE DECISION. THIS EFFECTIVELY SETTLES MATTERS BETWEEN THE PARTIES . IT DOES NOT REFLECT ANY DISPUTE RESOLUTION THAT TRIMET MAY HAVE WITH OTHER PARTIES . PER OUR AGREEMENT, PLEASE REFUND MY APPEAL FILING BY RETURN MAIL. IF YOU HAVE ANY QUESTIONS, PLEASE CALL ME IMMEDIATELY. THANK YOU FOR ALL OF YOUR HELP IN THIS MATTER. YO S TRULY, JOHN D. WEBBER 07/12/1995 16:49 5032449322 JOHN D WEBBER M.D. PAGE 02/04 JuL-12-1995 15:20 TRIMET CONTRRCT &LEGRL 503 239 6776 P.02 SETTLEMENT AGREEMENT BETWEEN: DR. JOHN D. WEBBER, whose address is 5452 S.W. 54th Avenue, Portland, Oregon 97221 ("Webber"); AND: TM-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON, whose address is 710 N.L. Holladay Street, Portland, Oregon 97232 ("Tri-Met"). EFFECTIVE �{ DATE: July tZ , 1995. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1_ • ckerevnd: Tri-Met submitted a Request for Site Development Review Approval to the City of Tigard on the following proposed development action: Construction of a 200-space park and ride lot ("Facility") and a bus pullout on S.W. Pacific Highway. Webber owns property adjoining the Act III Theatres in Tigard on which a husiness is located, the Westside Dance Academy facility. As the owner and landlord of the Westside Dance Academy, Webber filed an Appeal from the Request for Site Development Review Approval to the Planning Director for the City of Tigard. The Parties are entering into this Settlement Agreement to resolve auJ issues raised by Webber in connection with the Notice of Decision and the Appeal, and to dismiss the Appeal. 2. 1-Met t QblirAijots% Tri-Met shall do the following in compliance with applicable law and at Tri-Mot's sole cost and expense: (a) With Act ill's approval, install speed bump(s) and warning sign(s) on the private drive which provides legal access to the facility. (b) With Act Ill's approval, construct a median or barrier device to discourage drivers from making left turns into the north driveway of the Facility from the private road. (c) With Act III's approval, re-stripe the private driveway lanes to improve northbound traffic flow. (d) Design the north driveway as an "Exit Only" driveway and install signs and pavement marking, accordingly. wrnnnn Sll/TTf+..MP.Nr AanJ.P.M 4'r Poor: [M:1 Wr noci\J),MN\n oRNUM71 WI3NR1Lt•STIa 07/12/1995 16:49 5032449322 JOHN D WEBBER M.D. PAGE 03/04 JUL-12-1995 15:20 IRIJET CONTRACT &LEGAL 503 239 677E P.03 (e) As per the City of Tigard requirements, design an outlet stub connection to the Stewart. property. The stub connection will be located at the most northerly portion of the eastern bank of parking spaces. 3. Webber's ObliJg>atioree Webber shall do the following in compliance with applicable law: (a) Immediately withdraw the Appeal to Tri-Met's Request for Site Development Review Approval, both flied with the Planning Director of the City of Tigard concerning the proposed development action described above. 4. Remedies: If a breach of this Settlement Agreement occurs, the non-breaching Party may pursue all available legal and equitable remedies against the breaching Party including, without limitation,the enforcement of this Settlement Agreement by specific performance. 5. Di ute ; Any disputes under this Settlement Agreement shall be resolved by binding arbitration in accordance with the then-effective rules of the Arbitration Service of Portland, Inc. The award in such arbitration may be enforced on the application of either Party by the order of judgment of a court of competent jurisdiction. The fees and expenses of any arbitration shall be borne by the losing Party. 6. ,4ttornevs'Yees: The prevailing Party in any arbitration to enforce or interpret the terms of this Settlement Agreement shall be entitled to recover attorneys' fees from the losing party. 7. Notices: Any notices given under this Settlement Agreement shall be in writing and delivered in person or sent postage prepaid by registered or certified mail, addressed to the other Party at the addresses first set forth above or to such other address which may be designated by a Party in writing. Notice shall be considered given and effective on the date of delivery or, if mailed, two (2)days following the date of such mailing. Copies of notices given under this Settlement Agreement shall be copied to the Parties' attorneys as follows: If to Webber: I. David Bennett Copeland Landye Bennett & Wolf 3500 First Interstate Tower Portland, OR 97201 If to Tri-Met: Dean M. Phillips Deputy General. Counsel Tri-Met 710 N.E. Holladay Street Portland, OR 97232 WERNER SETTLE:MAW AORA$947 r PAWS'2 (M 1W1+rJOC81DRAN1AORERMI\wnllRAR.8TLJ 67/12/1995 16:49 5032449322 JOHN D WEBBER M.D. PAGE 04/04 JUL-12-1995 15:21 TRIMET CONTRACT &LEGAL 503 239 6776 P.04 8. ijcceesors and�M: The obligations of this Settlement Agreement bind and benefit the successors and assigns of the Parties. 9. Governing_Law; This Settlement Agreement shall be governed by and construed in accordance with the laws of the State of Oregon. 10. Sey bllit.y: If any portion of this Settlement Agreement is held to be illegal, invalid, or unenforceable under present or future law, the remainder of this Agreement shall not be affected thereby. IN WITNESS WHEREOF, the Parties have duly executed this Settlement Agreement in duplicate as of the day and year first above written. DR. JOHN D. WEBBER TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON 51Valf 727itildlb‘ By: 1, David Calver, Execu ive Director Technical Services wrnV+eR SPrrLRMNXr AoRASMIM PAGE 3 fM:\WPJOC61DRAMnoluns i\w6DBI R.a'n.J TOTAL P.04 , .. . - ,as'flew•vxrcSI.g asa...:AVYIS+':rats:.xw•sarCIPSWI AS IT.2u��+w�4sxwr2'•wnaeWrIaa"esa �:;.��,. ,.;`::611 30 '95 10.34AM FRST AMER TITLE CUSTOMER SERVICE — "••.` - i5;':;i :•;., gar, r,,.��1t;tktr ti.:: ' '' ./4- •`'':•' - .01 D• t, t ... �B•Y 1, •:r. •,•. •'t.• .fF. :. '•• r'::e Y 1. 11 i'•'•'v..7 r's:..it1•W r,, •' r. , r•�•' ,A.:%ta::i; y >VAl3>iLZNT ;, ;1• ..1;..93t` ,4.> , I 1L _. • :.a r TES EASENIEN ', direr! chid �� diy of Deetmbef,'1993, �: ', t;;.:•. '+a•+.�r• j- '' • • •• ' STEWART,an individual,end PIIYLLIS STEWART,DONATA STEWART AND NATHAN)10;••••:':41.• , , COI�1,CO•TRUSTEBS 0P TFIB STEWART TRUST ESTABLISHED UNPEP.TM LAST;,`:`:!' '"�:.. 7.. '~ WILL AND TB8TAl.NT OP SAMUEL I. SMART DATED OC'TOBBR 7.''14 : '.: •,:; ft/1,w hereinafter reeled to as"t3sardee,to PHYLLIS T.8T!WART,as individual,and c-. .;•:f i:1ol.h ;. . O f' STEWART, DONATA STEWART AND NATHAN CO) 4. CO TRU/Mill,-OP.Tn.'.' •:'4 ft• 0 ' , ., STEWART TRUST BSTABLVIEED UNDER THE LAST WILL AND TESTAMENT 0!t';',:;r,,.1,.,:•• ' .',14.=::••••:' SAhfUBI.B.STEWART DATED OCI'flB81t 7,1984,Mteinafter tufeaad to u"Ounina". .:s 4, • ,.•...:.. •' .• '' Grantor does hereby grant,bargain,sell and convey to Orance and Otuttee's iuoeeasoe • • ''' � .'7'.:• ,41: and sssigst.,a perpetual none:;clusive easement for the benefit of the teal property described in . 3; ' Exhibit A sleuthed hereto "rte "Benefited Pavel"), whleh Exhibit Is by this tefcreace . ..,• .?•'••"; iecorporated herein, over and moss the following described lands (semetintee tefernsd to , •• • hereafter as the"premises")in the County of Washington,State of Oregon,to wit; 1 .• s ';' An easement LS feet in width situated In the tertian quarter • •' ='a &ecdon 36 Township I South, Range 1 West, Willamette•• • l''...:•,- Meridian,and altd being a portion of the 0.Richardson DLC 055, '* • Washington County,Oregon and being described as folloWe' .•;.' ` ''l'.:.... .. Beginning at a paint on the west rlghoef way litre of S W.72nd �I Avenue,said point being North 01°43'56"Bret a distance of 31.03 • �`.'"t` •- •' feet from the southeast corner of that parcel deseibod in Pee :'f x•. •'�`'` "" [ thence North `� No.8605167<deed record+said county and tuna rig the e .1,<. z. 88'15'04" Worst a dicta ce Of 32,11 Net to the beginning of }' •: -' tangent 15000 foot radius curve left:thence on said otutvo throe ';!,•' +r a central angle of 23°16'36" (Tile Long Chord of which Bears •J .• South 80°05'28"West a distance of 60.33 feet)en are distance of woo 'II .• _; < 60.95 foot to the end thereof: thence South 68127'00" Watt a ' •ft, • dlsmnea • of 22445 feel to a point.,hence North 01056'S1"East a i:: ,• 7. ' distance of 37.26 foots thence North 68'27'00"East a distance of •• +~ 213.58 feet to the beginning of a tangent 175.00 foot tadius curve i'•• ' s. ,: ••/1,*. V right; thence on said curve through a central angle of 23°16'56" • '}' "' Lt.......-:....:. ('she Long Chord of whloh Bears North 80'06'21"Batt a dittanee " ' 44 ;, �'' • : .; of 70,62 Poet)to the snd thcrool,thence South 86'i6'04"Beat a '' ter' 'r''' dlatence of 3211 feet to a point on the wort tightest way line of :. t•t..�. '.. 4: 8,W, 72x4 Avenue; thence South O1°43'56"Wen on acrid wart .,• '• '•' right-of--way line a diatanoo of 23,03 feet to the Point of Beginning, tor:. t`•"-�a,'"• ' :•'- ..:' conteining 0,182 auto more or leer, ' _ ,l •• `. •Cam;'.. Basle of Bearing of this description is Survey No 24.5•43,survey ,' ` retards said county. '•',.4'.:.Z.:::......,: ` n :'`: f• x }::'f!r :i;,': '�it C:!:. �� ..-7.; ;." After wording,rettmt to; :', i }�• 1.Kenneth Davis t=: ',r, :' • : Dunn,Carney,Allen,Higgins&Tongue 851 S.W 6th Avenue.sutra 1500 •.` • Portland,OR 97204.1357 ' j ` , ' 1 EASEMENT aaansas,st A ' f ;ter ..,r. :••'Y'� .►'wr-'z'--Ta::.iljldY•tr,..T . •.jam,r w• s.k;.:.i 7 .1lMr. r ? s JUN ' 5 ' 0:3',`_" 1►'Fi>1SF1�6`T' ITE 1 CS, ER S ERVI F.3 •, 11"• i 3 M ;�: ';y i ir, i '.M tlCk �vt,.fo,wt,t +• 'r--cwt► �,p•f144 {e' '.;. "#,!'. •r,.lr _ „ ...:—..,..•.,.. i' ;s.-.b• , j .. .'�• ".••'i17'-,tom• .-. k.•,,,,,,,,•'� yy g.,;' , '. This graflt is made w satisfy the rogtdtomene of oho C1ry of sal wit . to trip:-.. -%-s;.'': ;, tapaet ," .)„. agr • :. ermseuceon of art access road to the Bnaefitend Pastel. It is the pardea'. to 1b y!a'sai t., ,':i ..r;,r' �- , Jr '„'”' common ownership of the Beseef1 red Potosi sad the seal propaefy hue:Utica by the talEmaet ih111•-:; RMMVN:'.IYM! :.L '''':��e•Y.'��^:`Y"i`l"-'i'� k"JWk�'�"•'''?-10:O" .u:7�'.:R'"kF"'"•.�'y'n.1�5!!F5,. -'''.IR'' OIL JUN 30 '95 10 t' EAM FR � � • • ,s..- ST AM.. TITLE CUSTCIMER SERVICE P.4- • .. �? ' - :•'i1 • • r " .�•iC``"�+ "� �ari•j, � •\C ' . . .' " "• y 1111 '• (0 Y l ' .' IN WIT'NSS$WHEREOF the mo.a..,::,-.p.,,,,,„a •,t .•, y,`+ ! , psrtiee hereto h�.o tateevtvd this tnstamae�e do—.. ... r * �( year first aboYt written, •,''t ./".4' i,tt '+;4 L.~,.:..�' . •0 • r a■ t Nti r. +�` Phyllis Stewert as us lndlvidual l'hyy T.Stewart as an individual i r ;N. and as Trustee of The Stewart Test and is Co-Trams of The Stewart Trust r•`•' Oyy� •'•' �. `. A Uri C �r.�•At." l�i.,1". • t - I �• . Doane Stewart.Co-Trustee of The Donna Stewart Co•Trunoe of The Stewart Trot Stewart Trust . 0 t• Nathan Cohen.Co-Trustee of The Nelsen Cohen,C •Trustee of The . ' Stewart Trust Stewnn Trost C) • i - . • • ' STATE OF OREGON ) 4 . 7...'- County of Molenattrsh ) •::. •" '.'. ,g This instrument was acknowledged before roc on this 1 Y day of E.4GS%rw q�,e; , • . .1 • rt. • • :• ..x:: 1993.by the above-named Phyllis T.Stewart. - •" • ••• :•,-,....r ,. s LYOUr.•WIGLESWCPrm 1` PUBLIC F` ON , r• •*, • -� ' e ,'a•;' NOTAAVPOOLICARE.00M M Commission Expires:•'•i•• '"• •• .-•' :� COMMISSION NO,DI SIG Y p ''f,'•• } MY COMMISSION EXPIRES MAY D,I • • �'; i+;'`f''A STATE OF OREGON ) . , . •••' ; *^ %,.. w.. .�`: •County of-hgetu o+Aah ) 4; `t 11- ::1:!' This instrumert was a knowledged before.me on this t11i day of be-Gt.•-' r:t�;'SS.' • L', '"' 1993, by Phyllis T. Steuart, Donato Stewart and Nathan Cohen, as tha Co-Trustxe of The ' ,.e ,4,r ;',,∎• Stewart Trait. . ' . f•,j �,r,- cFPICNt5EA1 -�� ' �'�;y s: a ,tor{Y LYouM,wtcuswom" NOTARY PUBLIC POP.OREGON `, i<•' NCTAR Pip.1C-OREGON a. I ti4iyvr:;s ‘,...,..ii COMM:9L'CN No.out:i4 My Commission Expces: 'tr�•: ' -I� .. tp:G;;; , • �` PAY COMMISS'ON E,EPIRE9 MAY 6,1494 •• ' Cr14 • ' ,. • ", J .iire•"' sY��t '•r • ..al • J . :-.=••'•-•;'..,`1'i p.• 3-EASEMENT (JTtnaa is - !• is• ; '•r-•i_.;..' .• • .s! i-• .....rte:. •-- .••...;.L__ - . - .,+LaWisi ,.i'•'C= •'�ai::::�,''•.:'•` .`'. :,:z.�=:.,zo .:>sa._�. • .TUN • ' 7••, FRST AM LE CUS e R• .1V ("3.-; H F.c §1� „ ` •• ,a'•a,+,/•1.cc. y4 la,X. .�•►j1f W,',v . 1 - . - •. •C:. r \ Li :hi n•.• d 4;••••r I.•,, , ' .'.1 • . ,.' ,, e �P:a]. .•i.SE•. , .tgr-,' • . ••...-_•w .1,J•••0.0.....•_:,....,........•.4.1. '.z.. µ{•,1:3.J,:^,Y•_` ln:•,r,!IY••..� ^J+ . i.' ,:s , tgIr9` •'••'.N, , - �' .. • -_,.• i 'f90iM i" '4 .!h .• .C.4 r, 15eu abet 01,1919 :. ;! 17111 NW,,NP4n nosh Situated in the southeast quarter 3ncdon 35, Township 1 South, Range 1 wesef W111r»totm urrrrurl.�11i.M+� Meridian,Washington County, Oregon,and being described as Topton: "; �. i ffi�,/fs }~ vu.r rr to■I �3 United Siam Walk Beginning at the westerly nanhwen comer of that parcel described in Pee No e0.41904,said •3 .f;_‘Of--.,,.W_� d cattail jt point also being on the Gut line of Parcel IV u recorded in Book 618,Page 161(memorandum i of aaaignmcnt) deed records said county sod running thence North 65°35'01" Put on the O:� Ye '� ioe`OIL�y 9s monk westerly north line a distance of 112A3 feet m an angle point thence leaving said north line and �,N or funning South 611°00'00"Feat a distance of 108.60 feet;thence South 01°56'51"West a distance OK . 1 ass!fps aiCIt alt • of 297,09 feet to a point on the north line of a 25 foot wide wedand buffer zone;thence on said 0; il buffer zone the following courses;South 66°O6'00'West a distance of 47.01 feet.thence South • . / , • 36°54'00"West a distance of 35.31 feet:thence South 69°03'00`West a distanm of 86.37 foot; ' • • • J ' " is satisfied std din thence North 74°25'00''West a distance of 32,2a fear,thence South S4°20'00"Went a distance '• b'teasslato 1n of 43,27 feet CO A point on the WCIII line of that pwcol described in Pee No, 9651674 deal ' . . . I'. ,vdg�of`°""7 s=tride said county;thence North 01°56'51"East n• the said west line Pee No.5651674 end E is Comics Date `4. -�:j cirossen 20, 1957 Pee No,80.41904 a distance of 340.33 fat to the Point of Beginning,containing 1.60 acres more ..� ..; ' , 4; or hiss. ' . . ;al, ,N.''''=: 1 ':•.i ;•�a flee=cooed NI•Bub of/leering of this description is Survey No.24,523,survey records said county. : % tigSiafasne[ •- . - ft S • •• .1 STATE OF ORF�r • oadds m 1• `,'' 1 in Ord tbi the 5.1 tow bammie . •7' • S1 -°,•" 1, f u--;311,• P °.5:::,ilti the lad dinar 14 . ..:.....4,1L. WiTNESS my I . • 7j ir' •y.'yy�iYl, r a y: L.` .. • ••r t 1 ' • S{r { aver• i finer•'• 1 • • • x Art• f, :'1 . : �� _psi 1,1 a STATE OF OREGON as ::::;'. .• - Y•'- f ' eRlr • J a ' CouMYofWnefne ,,., • ' /' k _ ' � a • menI Joed fry mP•>Muniln n d . C.et county 'c• •'2.r• • I.* .:; , :i . d CLA�IhtJ DOA for red 001106. we ,' lld i; ' thew . It of wG0 Nsueef.Fw ; and recorded.1.book o awn '• ;+•::S court', , a' '' ,' i_i '' -- � a • r. ::-• — • ~ ® A. •1.Sl • .' lj" • o r v l MREnne 'os� aDn th - r c ReCt: 9139H320 au.o0 ;,,5 .•. -•:..:.?• - �1/2P/1999 •11:11:37Tr't •••,# r• , �, I•• • 4_EASEMENT t11[DfiL/°IIJ .:��y r - !I' •:v • •` '. -fir,.J,,. r� .-A•°• • r ..-a-..— -- pia: erY , •t:.!!:i;...a a ... . . .. .tot x e : t f7"i75 �:•�" . . . :. -• - - :. .r CONSTRUCTION PLAN REQUEST Ifi C,� ---- DAVtJD TO : �S Building Divisions — 10 Maintenance Services Department . N Planning Division FROM: Michael Anderson V1.A'" Data : //7/6 /q ) Plat Name : ¶ M24' p Cdr t41)t7 Case Number %26-, Address (s (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone PLEASE RETURN BY: COMMENTS : 1) p\Sv<1;29\'(% wNO>-A 'S M e- .�1tr'� i\�e o`v� \,Z \CP--:st.o\Z•ristptv.r_skezttk\r47(s.,:csokikt.\7 sz,c csis4c1,,,N1Q_ \i■V7 SC*.‘14k (..."4.3• \‘' CN-C -c.b.3\4 os-÷1,-.1. --(74'-w\ \n OLN 1 Y�\L S `""1� 6 .�.A C1�5� .. �` )oi of �e1.N .0552. 1n�0,� _ ArU` 15 \\1\\S �����,,n�►. szb/ v� • BY: Da e H:\City^.ra2.nja 'rte 0)11/4- if,(4(,a1 CONSTRUCTION PLAN REQUEST JD TO: ❑ Building Division Maintenance Services Department . M11Cer /� 1 ❑ Planning Division _. FROM: Michael Anderson Date: j ' ile I & SP2- °l ��") Plat Name : Case Number Address (s (Do NOT release addresses to the public without consent of the Engineering Department.) Contact name and phone PLEASE RETURN BY: f to f - 1 c COMMENTS: 111 - l.VCs ES W«'mot \A J D SERVICE A nnar C E 1 AUG 9 1995 dirt' OIz'-TIG ACRD BY: Date H:\CityTra2.mja Gt75—07 - __� . 228 tea. a-/- - J9 -- -� Qua'` - - • r . - August 17, 1995 CITY OF TIGARD OREGON Ms Kim Knox TRI-MET 710 NE Holladay - Portland, OR 97232 Subject : Park-and-Ride Facility, Tigard OR SDR 95-0007 This is to advise you that the construction plans for the subject facility are ready for approval from the Engineering Department, with the following changes : 1 . Provide a manhole at the join with the existing 18" storm drain in the main Cinema driveway. In discussion with Pam Wiedemann, Kampe Associates, Inc. , it appears that the shallow depth will require a drop connection. It is our recommendation that this major facility be constructed to public works standards in that it could become a part of the City storm drain system. 2 . Relocate storm drain manhole from 0 + 13 . 34 to a point 3 feet from the southerly edge of the driveway so that it is offset from the centerline of the driveway. 3 . Provide detail of rip-rap protection at end of 18" storm drain that includes minimum Class 100 rock protection. In regards to the conditions of approval for the SDR, please review the list and provide the items relating to street dedications, non- remonstrance, and reciprocal easements . Please call if you have any questions . Sincerely, ^� Michael J. Avdefson Development Eiview Engineer c: Pam Wiedemann, Kampe David Scott, Building Official MA\SDR95-07.1tr 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639-4171 TDD (503) 684-2772 TRI-•MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 : 28 No .004 P .02 After Recording Return To: Until a change is requested, all tax statements shall be Dean Phillips sent to: Tri-Met 710 NE Holladay Street No Change Portland, Oregon 97232 EASEMENT AGREEMENT PARTIES: THE TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON ("Tri.-Met" ) EASTGATE THEATRE, INC. ("Act III") TOM MOYER THEATRES, a partnership ("owner") RECITALS WHEREAS, Tri-Met owns a parcel of real property described hereinbelow; and WHEREAS, it is the intent of Tri-Met to construct a parking lot on Tri-Met's property to provide a Park & Ride Lot for Tri-Met's patrons and customers using the bus pullout located on Highway 99 immediately north of the proposed parking lot; and WHEREAS, Tri-Met, Owner and Act III desire to provide for certain easements, maintenance, and certain other rights and responsibilities with respect to the Tri.-Met Park & Ride Lot. NOW, THEREFORE, in consideration of the mutual promises and covenants set forth herein and the terms and conditions set forth hereinafter, the parties agree as follows: A. Properties. The parties (singly, a "Party" and collectively, the "Parties") understand and agree that: 1. Tri.-Met is the owner of certain vacant land which will serve as the site of a Park & Ride facility described as Parcel 1 in Exhibit A, attached hereto, and shown on the drawing marked Exhibit B, attached hereto ("Parcel 1") ; and 2 . Owner is the owner of a private road to the west of Parcel 1 described as Parcel 2 in Exhibit A and shown on drawing marked Exhibit B, both attached hereto ("Parcel 2") ; Act III, as tenant, a d Owner, as landlord, have entered into a lease dated . - ` , 19 (the "Lease") , covering among other premises, Paicel 2. 1 - RECIPROCAIL-USE EASEMENT AGREEMENT (sldbl1/00925/87465/MAM/601017.3) TRI-MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :28 No .004 P .03 B. Grant of Easements. 1. Tri.-Net's Grant. Tri-Met does hereby grant and convey to Owner and Act XII, subject to the terms hereof, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement to use Parcel 1 for parking purposes, such parking privileges to be available tp Act III and Owner and their respective tenants, subtenants;patrons, customers, employees, agents, invitees, and representatives after 5: 00 p.m. on weekdays and during all hours on weekends in conjunction with the use of the cinema of Act III operated on adjacent property (the "Cinema") . 2 . Act III's Grant. Act III and Owner do hereby grant and convey,' subject to the terms hereof, to Tri-Met, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, a nonexclusive easement on and over Parcel 2 for the purpose of allowing surface ingress and ' egress of vehicular and pedestrian traffic (excluding buses and trucks other than light pickup trucks) by Tri-Met, Tri-Met' s patrons, customers, employees, agents, invitees, and representatives to make use of Parcel 1 as a Park & Ride facility. 3 . Construction Rights and Obligations of Tri-Met. Tri--Met will construct the parking lot, eastern sidewalk and related landscape improvements and lighting pursuant to the plans and specifications attached hereto as Exhibit "C" and incorporated herein by this reference. Portions of the sidewalk and landscaping are situated on Parcel 2 . Such construction shall be completed by Tri -Met on or before December 1 , 1995, at the sole cost and expense of Tri-Met, including procurement of all necessary land use and other permits required by the City of Tigard with respect to the design of the project, site preparations, bidding and .construction. During the course of construction, Tri--Met shall enjoy a temporary construction easement for ingress and egress over Marcel 2 for, purposes of completing the construction and obtaining access to Parcel 1 . Such temporary construction easement shall terminate and be of no further force or effect upon completion of construction. During the course of construction, Tri-Met shall use its best efforts to avoid hindering access to the Cinema via Parcel 2 and such access shall never be totally obstructed. 4 . Term. The Easements granted under paragraphs 1. and 2 . are not perpetual and shall expire on the later to occur of: (i) April 30, 2014 , or. (ii) as and when the Cinema permanently ceases operation on the property of Owner situated south of Parcel 1 (the "Cinema Property") ; such termination ' shall be automatic and self-executing without the necessity of any reentry by Owner or Act III. If, as and when the Cinema is no longer operated on the Cinema Property, Owner may file an affidavit to that effect in the Official Records of Washington County, Oregon, to evidence termination of such easements if such cessation of Cinema operations occurs after April 30, 2014 . 2 - RECIPROCAL-USE EASEMENT AGREEMENT (sww1/00925/87665/M, /601017.3) TRI-MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :29 No .004 P .04 C. Limitation of Use. Except as specifically authorized by this Agreement, no other use may be made of any easement area covered by this Agreement (the "Easement Area") without the prior written approval of the other Parties. No use may be made of, on, or from the Easement Area relating to the handling, storage, disposal, transportation, or discharge of Hazardous Substances as defined below in this Agreement. Under no circumstances shall any use be .made of, or conduct occur on, the Easement Area which would cause the Easement Area, or any part thereof, to be deemed a hazardous waste treatment, storage, or disposal facility requiring a permit, interim status, or any other special authorization under any Environmental Law, as defined below in this Agreement. Notwithstanding the foregoing, nothing herein shall preclude Owner or Act III, their successors, assigns, or tenants, from transporting over the Easement Area materials and substances used in the ordinary course of any business conducted on the Cinema Property provided such materials and substances, including Hazardous Substances, if any, are used, stored, and ' transported in accordance with applicable state and Federal laws, rules, and regulations. D. Other_ Uses. Each Party, for itself and for its respective successors, assigns, tenants, customers, patrons, employees, agents, invitees, and representatives, reserves the right to use and enjoy the portion of the Easement Area owned or leased by it for any purpose except to the extent such use materially conflicts with the uses permitted by this Agreement. Owner and Act III expressly reserve unto themselves, and their successors and assigns, the right to grant to others the right to use Parcel 1 for purposes of ingress and egress, the supply of utilities or other services or for any other purpose so long as the grant does not materially interfere with the easement rights granted to Tri-Met hereunder. E. I provements. No installations, improvements, modifications, or alterations (collectively "Improvements") shall be performed, constructed on, or made to the Easement Area without the prior written consent of the Party who owns or leases the portion of the Easement Area subject to the proposed work. Unless otherwise agreed, any Party which has been given consent to make such Improvements shall restore the surface of the Easement Area to its condition and size prior to such installation, as well as replace, as applicable, any sidewalks, pavement, curbs, driveways, signs, irrigation systems, or other improvements affected by the Improvements, subject only to those changes agreeable to the Parties. Any Party making Improvements to the Easement Area shall perform any work in the Easement Area in a good and workmanlike manner and in a manner which minimizes interruption or disruption to the operations of the other. parties. • F. Maintenance. The Parties agree that Tri-Met shall pay _ all maintenance expenses for Parcel 1, including the eastern sidewalk and Tri-Mot's parking facility regardless of whether those Improvements lie within Parcel 1 or Parcel 2 , and Owner or 3 - RECIPROCAL-USE EASEMENT AGREEMENT (SWW1/0092 5/8 74 65/MAM/601017.3) ' TRI-MET ENGINEERING TEL Mar 17 96 18 :30 No .004 P . 05 Act III, as the case may be, shall bear maintenance expenses for all other areas of Parcel 2 . The Parties agree that the properties shall be maintained in a condition substantially equivalent to the condition existing upon completion of construction of the initial improvements. Each. Party shall be responsible for maintaining an insurance policy or self-insurance coverage for all-risk casualties relating to the damage or destruction of the pavement or other improvements in the Easement Area. In the event of damage or destruction of the pavement or other improvements in the Easement Area covered by such insurance policy or self-insurance coverage, the proceeds of such coverage shall be applied to restore the Easement Area. So long as their respective insurers so permit, the Parties hereby mutually waive their respective rights of recovery against each other for any insured loss. The Parties agree that any repair or maintenance shall be undertaken in a manner so as to minimize disruption of traffic in the Easement Area and shall not be undertaken in a manner that will unreasonably deny access or use of the Easement Area. Prior to commencement of repair or maintenance work that may temporarily interfere with access, the Party undertaking the work shall give reasonable prior written notice of the work and the scheduling of the work to the other Parties. In the event of any dispute arising out of the repair and/or maintenance of the Easement Area or the payment of the costs of such work, the Parties agree to submit such dispute to arbitration pursuant to paragraph L. hereinbelow. Each Party shall be solely responsible for the repair of any damage to the Easement Area caused by such Party or such Party's agents, employees, invitees or tenants . G. Indemnities. 1 . Each Party shall compensate the other Parties for any and all damages to the other Parties' property or improvements caused by the construction, maintenance, repair, replacement, removal of installations, or other activities undertaken by such Party, or its employees, representatives, agents, or contractors, in the Easement Area. 2 . Each Party (the "Indemnifying Party") shall fully indemnify, hold harmless, and defend the other Parties, their respective board members, officers, directors, and employees from and against all claims and actions and all costs, expenses, and liabilities, including, but not limited to, attorney fees, incurred in connection with all claims, including any action or proceeding brought thereon arising from or as a result of death or injury to any person, or loss or damage to any property, resulting from any negligent act or omission of the Indemnifying Party in connection with its use of the Easement Area, including, but not limited to, the Indemnifying Party's installation, operation, or maintenance of the Easement Area, excepting therefrom any claims resulting from the intentional or .negligent act, fault, or omission of the indemnitee. 3 . In addition to the indemnity provided in the paragraph above, each Party (an "Indemnifying Party") agrees to 4 - RECIPROCAL-USE EASEMENT AGREEMENT (sece00925/87465/MAM/601017.3) TRI- MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :30 No .004 P .06 indemnify, hold harmless, and defend the other. Parties (collectively "Indemnified Party") from and against all costs incurred by the Indemnified Party under any state or Federal environmental laws (as defined below) , which costs arise out of, or are in connection with use, generation, treatment, handling, storage, discharge, transportation, or disposal of hazardous substances (as defined below) by the Indemnifying Party. Promptay upon written notice from any governmental entity regarding any hazardous substance contamination to the Easement Area, the Indemnifying Party shall reasonably cooperate with the governmental entity in responding to the notice and shall engage in such remediation as may be required by the governmental entity with respect to all hazardous substances which are in or on the Easement Area as a result of the acts or omissions of the Indemnifying Party, whether in existence prior to the commencement date of this Agreement or thereafter, and shall restore the Indemnified Party or Parties property or the Easement Area to clean, safe, good, and serviceable condition . Any such clean-up shall be in conformance with all applicable governmental rules and regulations. Any costs reasonably incurred by or assessed against the Indemnified Party shall be paid by the Indemnifying Party promptly after the Indemnified Party incurs the obligation to pay such amounts or determines that an assessment is duly owing and so notifies the Indemnifying Party. The Indemnifying Party shall, at its sole expense, defend any and all actions, suits, and proceedings relating to matters covered by the indemnities set forth in this Agreement which may be brought against the Indemnified Party or in which the Indemnified Party may be impleaded and shall satisfy, pay, and discharge any and all judgments, settlements, orders , and decrees that may be obtained or entered against the Indemnified Party or Parties in any such action or proceeding . H. Appurtenant Easement. The Parties agree that the easements created hereunder for the benefit of Tri-Met are appurtenant to the lands of Tri-Met included in or adjoining the Easement Area and shall run with title to such lands so long as the land owned by Tri-Met is used as a Park & Ride facility. The Parties agree that the easements created hereunder for the benefit of Act III and Owner are appurtenant to the lands of Owner included in or adjoining the Easement Area and shall run with title to such lands so long as the land owned by Owner is used for operation of a cinema. I. Notices. If to Tri-Met: Technical Services Division Kim Knox, Project Coordinator 710 N.E. Holladay Street Portland, Oregon 97232 5 - RECIPROCAL-USE EASEMENT AGRXEMENT (sw1/00925/67465/MAM/601017.3) TRI- MET ENGINEERING TEL Mar 19 96 18 :31 No .004 P .07 If to Act III: Tim Reed, Vice President Act III Theatres 919 S.W. Taylor. Portland, OR 97205 If to Owner: J. Existing Encumbrances. The easements granted herein are subject to all easements, conditions, encumbrances, liens and restrictions of record as of the date of recording of this Agreement_ K. Default and Remedies. In the event any Party shall fail to perform any covenant or condition on its part to be performed under this Agreement, and shall fail to cure the same within ten days of receipt of written notice thereof by the nondefaulting Party, then such Party shall be in default of this Agreement and the nondefaulting parties may commence appropriate proceedings pursuant to paragraph L. below in order to obtain such legal or equitable remedies as may be available under Oregon law, excluding, however, termination of the casements created herein, it being the Parties' intent that the easements are terminable only upon expiration of the term set forth herein. L. Arbitration. Any dispute between the Parties arising out of this Agreement, or the breach thereof, shall be settled by binding arbitration in Multnomah County, Oregon, in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be before a single arbitrator. The cost of the arbitration shall be shared equally; provided, however, that the arbitrator may award costs and fees to the prevailing Party. The arbitration shall be held within 60 days of selection of the arbitrator unless otherwise agreed to by the • Parties. M. Attorneys! Fees. If any Party to this Agreement breaches any term of this Agreement, then the other Party shall be entitled to recover all expenses of whatever form or nature, costs, and attorneys' fees reasonably incurred to enforce the terms of this Agreement, whether or not suit is filed, including • 6 - RECIPROCAL-USE EASEMENT AGREEMENT (sw1/00925/B7465/FMM/601017,3) TRI,MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :32 No .004 P .08 such costs or fees as may be awarded in arbitration or by a court at trial or on appeal. THIS AGREEMENT is executed this r _ day of 1995. THE TRI-COUNTY METROPOLITAN TRANSPORTA' TON DISTRICT OF OREGON By: Name: Title: EASTGATE THEATRE, INC. By: Name: Title: w _ TOM MOYER THEATRES By: Name: Hof.AAS _.fa MoyE.g... Title: STATE OF OREGON ) ss. County of _) acknowledged before me this day of 5, by , as NOTICerbtf f The Tri-County Metropolitan Transports- 1J�T QA 3on, an Oregon on behalf c NOTARY PUI3LTC FOR OREGON My Commission Expires: • 7 - RECIPROCAL-USE EASEMENT AGREEMENT (:11W1/00925/87465/MAM/601017.3) • TRI--MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :32 No .004 P .09 STATE OF OREGON ) } ss. County of ) s inst ment was acknowled d of 'e me this ��/ Thl.. ].n c- 9 _� j as day of , 1995, by _ C� _.., of Eastgate Theatre, Inc. , an 're. o corporation, on ehalf of the corpor,atio; Crf!CIALSFn� �._ I AM �t�'-� JACKIE WILKES V" NOTARY PU3!IC Ga2GON / iy COMMISSION NO. 026828 NOTARY P BLIC FOR OREGON / L 1 MY COMMISSION S///7tPIfES AUG.05,1997 My Commission Expires : a • STATE OF -OREGON( 5s. County of �� � i ) his instrument was acknowledged irqre me this J/ 46 day of . 21C ' 1995, by�- e�T iv,.� V— & L , as a partne of T m Moyer Theatres, an Oregon partnershs, on behalf of the partnership. (18c- JeZeCcs__, NOTARY PUBLIC FOR OREGON My Commission Expires: /C/- i • 8 - RECIPROCAL-USE EASEMENT AGREEMENT (sW1I00925/87465/HAM/601017.3) • TRI-MET ENGINEERING TE1 =503-239-2281 Mar 3 ') 96 18 :32 No .004 P . 10 STATE FILE 61690Q1 4I9It �" May 24. 1993 Page 1 of 2 PART Or FEZ No. 80-41904 • A parcel of land located in the Southeast 1/4 of Section 36, T. 1 3 . , R, 1 K. . w. t. , within the G. Richardson D.L.C. ;'{o. 55, Washington County, Oregon. Said parcel of land being a part of . that certain tract of land conveyed to Phyllis Stewart on November 18 , 1980, and recorded in Fee Ho. 80-41904, Washington County Deed •Records . Said parcel being described by metes and bounds as follows : Beginning at a 3/4-inch iron pipe at the most southwesterly corner of said Fee No. 80-41904; thence along the westerly line at said F.. No. , H. 01' 56' 51" -S. a distance of 74.91 feet to a S/8-inch iron rod with yellow plastic cap stamped "Xempe Associates, :na." at the most northerly southwest corner of said F.. Ho. ; thence along a northerly line at said Fee No. K. 65' 35' 01" Z. a distance of 67 .40 feet : thence along a line through said Fee Xo. 9. 88' 03 ' 09" E. a distance of 183_61 feet; thence S. 01' 56' 51" K. a distance of 71.77 foot to the southerly line of said Fee Ko. ; thence along said southerly lint S_ 84' 13' 42" V. a distance of 246.23 feet to the point of beginning. Containing an area of 20,643 square feet of ' land, more or less. Together with a parcel of land. for a permanent slope easement. Said easement being described by metes and bounds at follows: Commencing at a 3/4-inch iron pipe at the rno6t southw•starl.y corner of said Foe Ho. 50-41904; thence along the westerly lin« of said tea Ho. , K. 01' 54: Sl" E. a distance of 74. 91 feet to a 5/8-inch iron rod with yellow plastic cap stamped "Xampe Associate!, Inc." at the mos: northern southwest corner of said Fee Mo. ; thence along a zortherly line of- said Fee No. X. 65' 35' 01" E. a distance of 67 . 40 feet to the Point of Beginning; thence continuing along said northerly line of said Fee No. N. 64' 35' 01." Z. a distance of 45.04 feet to a 5/8-inch iron rod at the re-.a-rant corner of said Fee No. : thence along a line through said Fee co.? S. 88' 03' • 09" E. a distance of 143.26 feet: thence 8. 02 ' 56' 51" A. a distance of 20.00 feet; thence P. 88' 03' 09" N. a distance of 183 . 61 feet to the point of beginning. Containing an area of 3,269 square feet of land, more or lass. The basis of bearing for the *hove descript_on is based upon a Record of Survey pitformed by Kamp, Associates, Inc. , for Tri- County Metropolitan 'Transportation Diatriat c: Oregon. and filed in Washington County. mu laT PAGE of f • TRI--MET ENGINEERING TEl :503-239-2281 Mar 1 ') 96 18 :33 No .004 P . 11 EXn[BiTi "A' STA. .. FILE 6169002 Page 2 of 2 April 7, 1992 • PART or was Xo. 86051674 A parcel at land. located in the 8euthaast 1/4 of section 36 , T . 1 S. , R. 1 W. , K.H. , within the 0. Richardson D.L. C. No. SS . wash.ington county, Oregon. Said parcel at land being a part of that certain tract of land conveyed to Phyllis 'st.' .rt and atswart Trust on November 6. 1986, and recorded in Pit No. x6051674 , Washington County peed Records . Said parcel being described by rates and bounds as tol lows i &spinning at a 3/4-inch iron pips at the moat westerly northv•at corner at said Tee Na. ; thence along northerly lino of said Pee Mc.; 2t. 94 ' S3 ' 42^ X . a distance of 246. 23 feet: thence along a line througl2 said Et. Mo. ; S. 01' 56' 51" W. a diattnce of 248 .76 tact to a southerly line of said Pa. No. : thence along maid southerly Iine, ' 8. 62 ' 49' 56" W. a distance at 198 .22 feet to a '5/8-inch iron rod with yellow plastic asp stamped "Kamp. Associates. Ina."; thence along a tauthetly line QC laid Yee Ho. . 3. 45' 42 ' Si." W. , s distance at $9.32 fast to a b-ass screw with brass washer stamped "XA : thence along a soutttveat*rly line of Bald Fee No_ ."pa": 33' 23' 09" W. a distance of 63 . 45 tact to a 3/4-inch iron pip.; thenca along the Vastarly line at said Yse Ho. , K. 01' Si' 51" S. , a distance of 311 .02 feet to the point of beginning. containing an area of 73 .319 square feet of land, taro or less'. The basis of bearing tot the ebove description is balled upon Record of survey performed by Xamcip Associates . :tc. , fcr T=i- County Ketropolitao Transportation District of C:egon, filed Washington County, Oregon. • • 1Xi18IT PAGE • TRI-'MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :33 No .004 P . 12 • } Fh 2e- 2 INGRESS - EGRESS EASEMENT An casement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966 , Washington County Deed Records , situated in the southeast 1/ 4 of Section 36, T . 1 S . , R . 1 W . W .M. , within the G . Richardson D. L .C . No. 55 , Washington County, Oregon . Said easement described by metes and bounds as follows : Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S .W . Pacific Highway and the northerly extension of the westerly line of that certain tract of land . as described in Fee No. 80 41904, recorded November 18 , 1980 , Washington County Deed . records ; thence along the northerly line of said Parcel 4 , being said southerly right-of-way line of S.W . Pacific Highway the following two courses : S . 65 ' 38 ' 04" W. a distance of 8 . 71 feet to and angle point ; thence S . 55' 2.6 ' 04" W . a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4 ; thence along the easterly lines of said exception the following four courses : S 42 ' 06 ' 52" F. a distance of 43 . 2 feet ; thence S . 14 ' 08 ' 56" F. a distance of 53 . 0 feet ; thence S . 00 ' 32 ' 26" E. a distance of 100 . 0 feet; thence S . 03 ' 05 ' 04" W. a distance of. 287 . 9 feet to the southeasterly corner of said exception ; thence N . 80 ' 43 ' 47" F. a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674 ; thence along the easterly line of said Parcel 4 , being the . westerly line of said Fee No 86 51674 and. the westerly line of said Fee No . 8.0 41904 and said northerly extension, N .- 01 ' 56 ' 51" E. a distance of 535 . 93 feet to the point of beginning . The basis of bearing for the above description is based upon Record of Survey performed by Karnpe Associates , Inc . , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. • X h�ib'k /sr TRI-MET ENGINEERING TEL :503-239-2281 Mar 17 96 18 :34 No .004 P . 13 WASHINGTON COUNTY, OREGC FOR: TRI—COVN7Y ME1ROPOUTAN TRANSPORTATION OISIRICT OF OREGON N. APRIL 7, 1992 SCALE: 1- s. 100' P� ��k6 •• stk, G � Sl ��i Q'. N \E • G P ` Pt', G `0 Yk �� -. 2cr 20• Y 29 ,� FND 3/4"18 Y %. `� E Z 4�g S. 20'55'OO`l w • P.0.13. ,Oh -\-\- 0.30' FND 1/1`lr? N -58 • FND 3/4"1P . FND 5/a"1FZ 65 k0 O�j i z S 65-38'04•' W E,53� o w > 8.71' S 1aoao S 06'40'26" E tO. 74.44 (0 10 < S 55'26'/, . (,1 FNU 3/41P \ U,• 7080 FND 5/81R S 02'00'00" W �,1 ', o c� z 43 2' -S420 '52"1_ ; 11`1-•� ` r-)1 10 N- 4 l 1, SI 4'08'56"E o in o 53. Q' � � 4 co S 00'32'26" E 1 O0.U' . END 3/4"IP _ ENO 3/cfP u) . �,. 0.39'E" -XCEf'T10N AS C*..:AL� 1ESCRiE3ED IN 2.89'-'' 'AFicEL 4 �, ��� 74 'K 618 PG 161 arn �' o n N�' I A\ +,. , ; .0,,\ .. bccp Pt! \.1, t,. S . - f'4(L o Ai G , `AE 6 . 0 2 C P .c� "� O 5/8" X 30- IR WIT}I 'rtlLOW PLASTIC CA•\\\ STAMPED "KA41PE ASSOCIATES, INC.' I ^` e UNLESS OTHERWISE NOTED 66.53'`- ,,S 45'42'51" W -__- 91t78xDl, ` J 59.32' FUNNING N 80'43'47" E CML FNJGINEfRINC 10 •L NO SUR,ET1NG FND 3/4"11) SET BRASS SCREW & BRASS WASHER PUNCHED KAMI'E ASSOCIATES • {<A1 IN CONCRETE DITCH 3c1f1 5.W. C'R1uN DRIVE • SANK LM<( OSWECO, OIIECON 97035 ����� � _.. ..,.. (503)635-6291-FAS(503) 635—SSIIB PRWF.CT.'97-176 SG4WE 1- a I00 • TRI-'MET ENGINEERING TEL :503-239-2281 Mar 12 96 18 :34 No .004 P . 14 "J„�/f"'a ' uy ins. ..N.:. ii-r ..L' .w ALUMINUM CAI. T. 1 S., R. 1 W.. W.M. STAMPED "KAMPF ALL WITHIN THE G. RICHARDSON D.LC. NO. 55 ASSOCIATES. INc." WASHINGTON COUNTY, OREGON N,. FOR TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON APRIL 7. 1992 SCALL 1' a 100' si 4b1 N\ `C ; � • .-..-% G\ N 9 _ 20 20' v.1• ? 0\ ,73....,• � \SN2o��oo'w W P.O.B. S' ,Ofk \ '69' 0.30' FND 1/2'1f< -j� FND 3/4"IP \ FND 5/8"1 R 65 O O�j Z 04 N4 Z C w O CD S 65'38'04" W 965.55 O S 06'40'26" E � 8.71' ---,_ e ♦°°' 74.44' i ,n a S 55'26'04" W ` w 125.9' ��. FND 3/4"IP \ v" 0 70.80' 4 o FND 5/8'1R s 02•00'OO' W L,1 c� 9 z I 43.2' — N Cr.- �► 16 0 S42'06'52_'E �\Z' �1 � '- 514'08'56"E - / • c,65� FEE NO. 80 41904 ° N 53.0' a • Cr) 00 S 0032'26" E Ø __ __ _ETz .83'n FND 5/4IP 100.0' FND 3/41P FND 3/4-1P 0.39'E 1 EXCEP110N AS i i ./.89.---. DESCRIBED IN FEE NO. 86 51674 PARCEL 4 4n 8K 618 PG 161 Cr) O- h: co z i4 PARCEL 4 BOOK 618 PAGE 161 �g5 ah , �.., o � IA G in g 5f-' V- 'D , S c:,11 G 0 5/8" X 30" IR WITH YELLOW PLASTIC CA. j., Fj STAMPED "KAMPE ASSOCIATES, INC_' ,5t \%, 3 UNLESS OTHERWISE .NOTED ,./ • 91178X.D1' f 66.53'` S 45'42'51" W WI N 80'43'47" E 59.32' CIVIL ENGINEERING -LAND SURVEYING FND 3/4•`1P SET BRASS SCREW dt - BRASS WASHER PUNCHED KAMPE ASSOCIATES "I<AI" IN CONCRETE DITCH 3451 s.W GARMAN DRNE HANK LAKE OSWEGO, OREGON 9%035 (503)635-6291-FAX(503) 635-5480 • ne,rn sere.el_rvw .CcALF: 1' = 100' TRI- MET ENGINEERING TEL :503-239-2281 Mar 1 ') 96 18 :35 No .004 P . 15 INGRESS - EGRESS EASEMENT An easement for ingress and egress over a portion of that certain land described as Parcel 4 in Memorandum of Assignment recorded in Book 618 Page 161 on October 12 , 1966, Washington County Deed Records, situated in the southeast 1/4 of Section 36, T . 1 S . , R. ]. W . W .M. , within the G . Richardson U. L. C. No . 55 , Washington County , Oregon. Said easement described by metes and bounds as follows : Beginning at a 1/2-inch iron rod at the true point of beginning of said Parcel 4 being at the intersection of the southerly right-of-way line of S.W. Pacific Highway and the northerly extension of the westerly line of that certain tract of land as described in Lee No. 80 41904 , recorded November 18 , 1980 , Washington County Deed records ; thence along the northerly line of said Parcel 4 , being said southerly right-of-way line of S.W . Pacific Highway the following two courses : S. 65 ° 38 ' 04" W . a distance of 8 . 71 feet to and angle point; thence S . 55° 26 ' 04" W . a distance of 125 . 9 feet to the most northerly corner of that tract of land described as the exception to said Parcel 4 ; thence along the easterly line; of said exception the following four courses : S 42 " 06 ' 52" E. a distance of 43 . 2 feet; thence S. 14 ° 08 ' 56" E. a distance of 53 . 0 feet ; thence S. 00 ' 32 ' 26" F. a distance of 100 . 0 feet ; thence S . 03 ' 05 ' 04" W . a distance of 287 . 9 feet to the southeasterly corner of said exception; thence N . 80 ' 43 ' 47" E. a distance of 66 . 53 feet to a 3/4-inch iron pipe at the most westerly corner of that certain tract of land as described in Fee No . 86 51674 ; thence along the easterly line of said Parcel 4 , being the westerly line of said Fee No . 86 51674 and, the westerly line of said Fee No . 80 41904 and said northerly extension, N. 01' 56 ' 51" E. a distance of 535 . 93 feet to the point of beginning . The basis of bearing for the above description is based upon Record of Survey performed by Kampe Associates, Inc . , for Tri- County Metropolitan Transportation District of Oregon, filed in Washington County, Oregon. • I • • • .TRI-MET ENGINEERING TEL :503-239-2281 Mar 1 ') 96 18 :28 No . 004 P .01 (# D TRI--MET ENGINEERING SERVICES 710 NE HOLLADAY STREET PORTLAND, OREGON 97232 (503) 239-2105 FAX (503) 239-2281 FAX COVER PAGE DATE: c..11 12-, 199(v T0: r c p- COMPANY: — (1- e ci rc FAX NO.: 't ( 4— 12.11 FROM: G IC NJ. 1>1( f "TPA - rtAeT NO. OF PAGES: 15 __.._.._......_.�......(including This cover page) ORIGINAL DOCUMENT: WILL FOLLOW VIA REGULAR MAIL. WILI. FOLLOW VIA EXPRESS DELIVERY. WILL NOT FOLLOW. OTHER If you have any questions regarding this fax or wish to reply, please call (503) 239-2105. Thank you. COMMENTS: tS wag t .�c -G. 1"1_.. . ._ S�! vtAC.A.-4 rC/V l a.I OA c-1-1 o_Gt.w wo.>'C] ottr c. fr.,()AAA?G CA)t C Ow 7✓0.0 �/ C,p••� _ �e. t� �p be (^Zvi-i- L�'lw \ r 6„[,. TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON • s 13 my% 1995 �...� �,�,...� ,.� .. on �lll. D STReC1 2_A -"GAR • March 19, 199tCC( O� `;`j" 7 .J i995 DEPARTMENT OF n ❑ TRANSPORTATION l ADE DOM SEC HIGHWAY DIVISION Michael Fisher, Project Manager Region 1 Tri-Met FILE CODE: 4012 S.E. 17th Avenue Portland, Oregon 97202 TRA Subject: Traffic Impacts Tigard Park and Ride Project . Pacific Highway West Oregon 99W @ S.W. 74th Avenue City of Tigard I have reviewed the traffic impacts for the proposed park and ride at the subject location. It was found, and I agree, that the existing traffic signal and intersection configuration at S.W. 74th Avenue with OR 99W can handle the traffic volumes for this development. The intersection indicates some improvements are needed for sidewalk and landscaping within the state right-of-way. Any work on the state right-of-way would require a permit through the district maintenance office at Sylvan. The mailing address is: P.O. Box 25412, Portland, Oregon 97225; address: 2131 S.W. Scholls Ferry Road; phone number of District Manager Harold Lasley is 229-5002. P Ron Failmezger Traffic Operations Supervisor RF:po cc: Randy Wooley, City of Tigard • � � Harold Lasley, District 2A r' 9002 SE McLoughlin Milwaukie,OR 97222 mfrf0319.e (503) 653-3090 734-1850(Rev.3-91) FAX (503)653-3267 • February 21, 1992 /u„�����yU�V} .I�� CITY OF TIGARD OREGON Michael Fisher, Project Manager Tri-Met 4012 SE 17th Avenue Portland, OR 97202 Re: Tigard Park & Ride This letter is in response to your letter of February 12, 1992 . Our primary traffic concern is going to be the peak-hour operation of the intersection of the theater access road and Highway 99W. We want to be assured that the operation of the intersection and of Highway 99W will not experience any significant degradation as a result of the park and ride lot. In evaluating the intersection, we will be relying primarily on ODOT's analysis. If ODOT is satisfied with the traffic projections and conclusions of the environmental assessment, we will accept ODOT' s determination. Therefore, as we have discussed, in order to provide the assurance you want, I would suggest contacting ODOT to determine what their response will be to any request for comments on a formal development proposal . Regarding the traffic impact fee, we have reviewed the countywide ordinance and determined that the park and ride lot that you propose is exempt from the fee because it is a transit improvement project . Sincerely, Z,Z7v1/""gy Randall R. Wooley City Engineer • rw/p&r 13125 SW Hall Blvd.,P.O.Box 23397,Tigard,Oregon 97223 (503)639-4171 Tri-County Metropolitan C‘ Transportation District CiD of Oregon TRl-MET TIGARD AREA PARK AND RIDE FACILITY Environmental Assessment April, 1991 TIGARD AREA PARK AND RIDE FACILITY Environmental Assessment Prepared for: Tri-County Metropolitan Transportation District of Oregon Prepared by: McKeever/Morris, Inc. 722 S.W. Second Avenue, Suite 400 Portland, Oregon 97204 April, 1991 • H. NAVIGABLE WATERWAYS Mitigating Measures Impacts No mitigating measures are required. There are no navigable waterways within or near J. ENDANGERED SPECIES the project site. Impacts Conclusion No threatened or endangered species are located The facility would not have any significant im- within or near the project. pacts on navigable waterways. Conclusion Mitigating Measures The facility would not have any significant im- No mitigating measures are necessary. pacts on threatened or endangered species. L ECOLOGICALLY SENSITIVE AREAS Mitigating measures Impacts No mitigating measures are required. The project is not within any ecologically sensi- K. TRAFFIC AND PARKING five areas. Impacts Conclusion The site will have between 175 and 200 parking The facility would not have any significant im- spaces,distributed by type as set forth in Table pacts on ecologically sensitive areas. 3. TABLE 3 PRIMARY FEATURES OF SCHEMATIC PLAN FOR SELECTED ALTERNATIVE A-3 Number Standard Parking Spaces 106 Percentage Standard Parking Spaces 61% Number Compact Parking Spaces 64 Percentage Compact Parking Spaces 37% Number Handicapped Parking Spaces 4 Percentage Handicapped Parking Spaces 2% Total Spaces 174* *Note: Numbers may change by up to 15% with final design 15 [A.M. PEAK HOUR I 0 FRED MEYER NORTH r�5(A) • 1700(87-0. f—1180(A) �\C)G1`' 5(A)T �, as 0 'e a o F. SITE . n 3 3 ti TIGARD P.M. PEAK HOUR I CINEMAS FRED 0 MEYER NORTH ("N'---15(A) • 45(A)Thi 1\ P ■1\\- a a 0 0 0 a M -k a 0 :SITEcsi N N TIGARD CINEMAS Legend I Exhibit 7, • Traffic Signals Existing Traffic Volumes f--VOLUME(LEVEL OF SERVICE) TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 16 [A.M. PEAK HOUR 1 0 FRED MEYER - NORTH r,----- 2-----0 • IFN P 0 0 " •-• O Q o :SITE: . 3 N TIGARD I P.M. PEAK HOUR ' CINEMAS FRED 0 MEYER NORTH rte—T 0 •• c!,. 20...„ ,°`). I\ ir .„\- \\\N„.....,._ oto O N Q 'j` Q o [SITE.: ir,,,--- TIGARD CINEMAS Legend Exhibit 8, • Traffic Signals .-VOLUME Site Generated Traffic TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 17 A.M. PEAK HOUR F 0 RED MEYER NORTH c." .••-25(A) • 1620(8)-0. -.II - 1 180(A) 0 90(A).N %).• � LO O u N � Q 9g S • Z 3 N v) TIGARD P.M. PEAK HOUR 1 CINEMAS 0 FRED MEYER NORTH • ("•---25(A) 1575(c)-1 1645(c) e 65(A)T 1\\--\Y' it ' 1 rSITE: CV 3 N TIGARD CINEMAS Legend Exhibit 9 — • Traffic Signals ■ •VOLUME(LEVEL OF SERVICE) Total Traffic Volumes W/Site TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 18 ./ \ . ily,..m, ........ 4 ili\ • . .., ck \ INBQ-UND , .,,. c \ B. ' STOP tr;\ . .\ \ .:i.i:::::::::?vtkat—.7-_,:::: IFF.!:r.5:77.:.:.:::i:::::i::::::::::::::::::::::!:::::::::::::::: \ \ 4 \ '%ii:::::::::;:::;:::::;:0:::i::::.x....... _ QUTBOU • jz /____ BUS TOP ( it \ *:, \ , \ I , I 1 061 2 . : ...i, .7.:* \.\\ i _____ ..__. \tt._ , k __ . _ _ _ _._ ._ \ (5.,\ . _ ___ .. f ----_, , _ i r r : 2 \ \ \ \ \ t 4) Legend Exhibit 16 (as shown above) 74th Ave. Turning Configurations TRI-MET Tigard Area Park & Ride Facility Environmental Assessment 19 Table 4 EXISTING TRAFFIC VOLUMES Intersection Pacific Highway 99 & S.W. 74th Avenue A.M. Peak P.M. Peak # Cars # Cars Pacific Highway 99 Westbound Through 1180 1725 Pacific Highway 99 WB LT to SB Through 5 15 Pacific Highway 99 Eastbound Through 1700 1575 Pacific Highway 99 Eastbound Right Turn 5 45 S.W. 74th Ave. Northbound Left Turn 5 60 S.W. 74th Ave. Northbound Right Turn 5 30 Existing,site generated, and traffic movements The project site is estimated to attract 80 percent to and from the site are summarized in Exhibits of its users from eastbound Pacific Highway 7, 8 and 9 on the following pages. 99W traffic and 20 percent from westbound Pacific Highway 99W traffic. Approximately A graphic illustration of the current intersection eighty percent of all site generated car move- turning configurations occuring at S.W. 74th ments are estimated to be inbound during the Ave. and Pacifc Highway 99W is shown on morning peak hour(7:30 a.m. to 8:30 a.m.)and Exhibit 10. Buses will remain on 99 W. and will outbound during the evening peak hour (4:45 not enter the Park& Ride lot. Loading and un- p.m. to 5:45 p.m.). loading will occur on Pacific Highway. South- bound left-turn movements from Pacific High- Existing traffic volumes at Pacific Highway 99 way 99W onto S.W. 74th Ave. occur using a and S.W. 74th Avenue are shown in Table 4. right-exit-only "jug handle" as shown on Ex- hibit 10. Very few left turns into the site are Site generated traffic,summarized in Table 5, is expected (5 in the a.m. peak). estimated to create less than a one percent in- crease in traffic volumes westbound on Pacific Table S SITE GENERATED PEAK HOUR TRAFFIC A.M. Peak P.M. Peak # Cars # Cars Pacific Highway 99 WB LT to SB through 20 10 Pacific Highway 99 Eastbound Right Turn 85 20 S.W. 74th Ave. Northbound Left Turn 20 100 S.W. 74th Ave. Northbound Right Turn 15 25 20 Table 6 TOTAL AREA TRAFFIC WITH SITE A.M. Peak P.M. Peak # Cars # Cars Pacific Highway 99 Westbound Through 1180 1645 Pacific Highway 99 WB LT to SB Through 25 25 Pacific Highway 99 Eastbound Through 1620 1575 Pacific Highway 99 Eastbound Right Turn 90 65 S.W. 74th Ave. Northbound Left Turn 25 160 S.W. 74th Ave. Northbound Right Turn 15 55 Highway 99W and reduce volumes by 80 to 100 The LOS of the intersection does not change trips east of the site. with the addition of the Park and Ride lot traffic -during the a.m. peak hour. The LOS of the Eighty Pacific Highway 99W eastbound a.m. intersection changes from "B" to "C" with the peak hour cars will be diverted to the Park and addition of the Park and Ride traffic in the p.m. Ride. These 80 cars are removed from the peak hour. Pacific Highway 99 westbound through move- ment in the a.m. peak hour and the eastbound Conclusion through movement in the p.m. peak hour. Total traffic, including site generated movements, is The Tigard Park and Ride facility will not have shown in Table 6. a significant impact on parking or traffic. The Level of Service(LOS), movement satura- Mitigating Measures don for the existing intersection and the inter- section with the Park and Ride lot are set forth in No mitigating measures are necessary. Tables 7 and 8 for the a.m. and p.m.peak hours. Table 7 MOVEMENT SATURATION AND LEVEL OF SERVICE A.M. Peak Existing Existing Plus Site Move Move Saturation Saturation Percentage LOS Percentage LOS Pac. Hwy 99 WB Through 47% A 47% A Pac. Hwy 99 WB Lt to SB Thru 12% A 27% - A Pac. Hwy 99 EB Through 64% B 62% B Pac. Hwy 99 EB Rt Turn 9% A 14% A SW 74th Ave. NB Left Turn 11% A 19% A SW 74th Ave. NB Right Turn 12% A 19% A Entire Intersection 65% B 65% B • 21 Table 8 MOVEMENT SATURATION AND LEVEL OF SERVICE P.M. Peak Existing Existing Plus Site Move Move Saturation Saturation Percentage LOS Percentage LOS Pac. Hwy 99 WB Through 65% B 69% C Pac. Hwy 99 WB Lt to SB Thru 20% A 28% A Pac. Hwy 99 EB Through 60% B 67% C Pac Hwy 99 EB Rt Turn 12% A 13% A SW 74th Ave. NB Left Turn 34% A 38% A SW 74th Ave. NB Right Turn 31% A 26% A • Entire Intersection 65% B 69% C L. ENERGY REQUIREMENTS AND THE M. HISTORIC PROPERTIES AND POTENTIAL FOR CONSERVATION PARKLANDS Impacts Impacts The purpose of the proposed Park and Ride facil- The project is not located on or in any historic ity is to promote greater use of the region's mass properties or parklands (see letter from State transit system. Busses are far more energy Historic Preservation Officer in Appendix B). efficient than automobiles, requiring approxi- mately 2.7 million btus per 1,000 passenger Conclusion miles versus 6.0 million btus per 1,000 passen- ger miles. There will be no space conditioned The facility would not have any significant im- structures on the site. The only on-going pacts on historic properties and parklands. operational energy requirements are for the lighting. High pressure sodium vapor light Mitigating Measures bulbs,which are highly energy-efficient,will be used. No mitigating measures are required. Conclusion N. CONSTRUCTION The facility would not have any significant Impacts impacts on energy requirements or the potential for conservation. Noise Mitigating Measures The proposed Park and Ride site is surrounded by commercial uses and vacant land. Noise No mitigating measures are required. impacts caused by construction of the project 22 kETRUN RECORDED DOCUM' m J " y of Washington CITY HALL RECORDS DEPAI IT, • -CITY OF TIGARD I, Jerry a n tra l r of Assess- 13125 SW Hall Blvd. ment and : n and i �,,'o County Clerk for i• d5) -rtify that Tigard,OR 97223 the wit '4 ittryer :^'"c;`•14, 4 eceived and rem•rBeci'' ,• � r -;of said county (,�- � •, � � * CORPORATION ;, f!R! to ( r4 e i t3 File No. SDR 95-0007 3Irector f o Tri Met Park&Ride 18 h ; ieaxation, Ex- Doc : 96033289 Rect: 162566 23 . 00 DEDICATION DEED 04/16/1996 09: 40: 26AM FOR ROAD OR STREET PURPOSES The Tri-County Metropolitan Transportation District of Oregon does hereby dedicate to the public a perpetual right-of-way for street, road, and utility purposes on, over, across, under, along, and within the following described real properties in Washington County,Oregon: Attached Exhibit"A" To have and to hold the above-described and dedicated rights unto the public forever for uses and purposes hereinabove stated. The grantors hereby covenant that they are the owner in fee simple and the property is free of all liens and encumbrances, they have good and legal right to grant their right above-described, and they will pay all taxes and assessments due and owing on the property. The true consideration for this conveyance is $ 0.00 . However, the actual consideration consists of or includes other property or value given or promised which is the whole consideration.n . IN WITNESS WHEREOF,I hereunto set my hand on this `"1 day of 1"tw`�M , 19 61 IP Name of Corporation igna e 110 145 1-folladu l(AM rKetlr�v Vvo a" ►cu.clo vtAe-J" Address I Title \?orl'lowid or- 6112' 2 Signature Tax Statement Mailing Address(tf different from above) Title STATE OF OREGON ) )ss. County of Washington ) M J q This instil ent was acknowledged before me on " I C*1 17, I¶r ate)by J O t ') 92 . K.C s! (name(s)of person(s))as �)C F c w T- 4✓ £ p r rL Lt To,/( (type of authority,e.g.,officer,trustee,etc) of 7-4(- (name of party on behalf of whomfi,nstrument was executed). f o art# OFFICIAL SEAL =e a - DEAN M.PHILLIPS Notary's Signature f '� .;:*f NOTARY PUBLIC-OREGON f S ct6 r� COMMISSION N0.015429 r My Commission Expires: MY COMMISSION EXPIRES MAY 17,1998 Accepted on behalf of the City of Tigard this , 19 rb day ..,LA it " / � C• ngineer I:IENGIPUB-FORKROWDE-CO.DOT Page 1 of 3 Exhibit "A" Page 1 • LEGAL DESCRIPTION FOR STREET DEDICATION A parcel of land being a portion of that certain tract of land described in deed recorded as Fee No. 86-51674 and also being a portion of the George Richardson D.L.C. No. 55, situated entirely within the Southeast Quarter(S.E. 1/4)of Section 36,Township 1 South, Range 1 West, Willamette Meridian, City of Tigard, Washington County,Oregon and being described as follows: COMMENCING at the northeast corner of that certain tract of land described in said deed, same being the intersection of the south Right-of-Way line of S.W.Pacific Highway and the west Right-of-Way line of S.W. 72nd Avenue; THENCE South 01°43'56"West along the east line of said tract and said west Right-of-Way line and parallel to the centerline of said S.W. 72nd Avenue and separated from same by a distance of 20.00 feet,measured at right angles,a distance of 566.60 feet; THENCE along the South line of said tract South 62°49'56" West a distance of 300.62 feet to the POINT OF BEGINNING and the southeast corner of this tract; THENCE continuing South 62°49'56" West along said south line a distance of 195.22 feet; THENCE South 45°42'51" West a distance of 59.32 feet to the most southerly corner of this tract; THENCE North 35°23'09" West a distance of 25.30 feet to the most westerly corner of this tract; THENCE parallel to the south line of said tract and separated from same by a distance of 25.00 feet, measured at right angles,the following two courses: North 45°42'51" East a distance of 59.17 feet; THENCE North 62°49'56" East a distance of 212.91 feet to the northeast corner of this tract; THENCE South 01°56'51" West a distance of 28.62 feet to the POINT OF BEGINNING. Containing in all 6,583 square feet of land,more or less. Basis of Bearings for this description is South 01°43'56" West being the bearing of the west Right-of-Way line of S.W. 72nd Avenue as shown on Record of Survey recorded as Survey Number 24,523 in the office of the Washington County Surveyor, Washington County, Oregon. This description was prepared by Kampe Associates,Inc. March 28,1996. SHEET 1 OF 2 I I 17 8 W L.D03 Page 2 of 3 TREE T DEDI CA TION Exh„, fit "A” Page 2 A PORTION . G. RICHARDSON Di., VO. 55 SI TUA TED IN THE SE 1/4 OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON FOR: TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT OF OREGON MARCH 28, 1996 SCALE: 1" = 100' ��P R 1G �R E5) _, 20'20' F P QPQft'k 2293934. 5'\N. ( ok" E 69. N 65.38 i Z e j n +is U h Z o 4 to 2 Q Q Lu 3 co o 3 O O � e4 o K) N N S 88'03'09" E w m _ 01"� 143.26" o 565"114 k3 . ^ 3 to vi / NO 41904 O1 1 FEE 80 °n . 33.60' G; 246.23' 279 83' N 84'13i18.220:;-.4E1904279.83. 2" E W rn -O 0 4) b J0.Q CZ; i W p W N 3 m°o o ° SIcZ 6 5 0 *I Li PREP 62 49 56 S 5 P 2,2�_ � � `s 0 62 A956 195 22 G 1 ti ■•"" Vt ��� •a9 56 1• \,4)/-=-4,,t. 5 62 PRO 91178 wL.DWG 1� 2,'s' �� 43, 1 PLANNING r'�S. _ kl CIVIL ENGINEERING [hh LAND SURVEYING �4 f LINE TABLE KAMPE ASSOCIATES i � LINE BEARING DISTANCE 3681 S.W. CARMAN DR,YE LAKE OSWEGO. OREGON 970.35 11 S 01'56'51" W 28.62' (503)635-6291•FAX(503) 635-5480 1 12 N 3573'09" W 25.30' PROJECT:91-178 SCALE: 1" = 100' j L3 N 45'42'51" E 59.17' DATE:MARCH 28, 1996 DWN BY.:REB Page 3 of 3 SHEET:2 OF 2 CKD BY:nib ,