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NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2015-00010 N -vs
DOMINO'S PIZZA T I G A R D
120 DAYS =July 14,2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Domino's Pizza
CASE NO.: Minor Modification (MMD) MMD2015-00010
PROPOSAL: The applicant, Domino's Pizza, is proposing a change of use to a tenant space in
an existing commercial building at 15989 SW 72"d Avenue. Domino's Pizza
currently occupies a 1,175 square foot tenant space at this location, and is
proposing to expand into the neighboring 2,230 square foot tenant space.
Accordingly, the space will be changing from sales-oriented retail to an eating and
drinking establishment. The expanded Domino's Pizza will total 3,405 square feet
in size.
APPLICANT: Domino's Pizza
Andrew Dugas
100 E. 19th Street,Suite 300
Vancouver,WA 98663
OWNER: Pacific Realty Associates,L.P.
Ryan McGuire
15350 SW Sequoia Parkway,Suite 300
Portland,OR 97224
LOCATION: 15989 SW 72"d Avenue
WCTM 2S112DC,Tax Lot 701
ZONING
DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate
locations for combining light manufacturing, office and small-scale commercial
uses, e.g., restaurants, personal services and fitness centers, in a campus-like
setting. Only those light industrial uses with no off-site impacts, e.g., noise,
glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory
site development review, design and development standards in the I-P zone
have been adopted to insure that developments will be well-integrated,
attractively landscaped,and pedestrian-friendly.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
\1 11)2015-00010 1 of 3
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 15989 SW 72'd Avenue; north of SW Upper Boones Ferry Road, west of SW
72"d Avenue, and east of SW 74`'' Avenue. The subject property is an approximately 2,230 square foot
tenant space within a larger commercial building housing a variety of commercial land uses. The
approximately 19 acre development site is made up of four parcels, and contains four buildings,
landscaping,and 455 parking spaces.
Proposal Description:
The applicant, Domino's Pizza, is proposing a change of use to a tenant space in an existing
commercial building at 15989 SW 72nd Avenue. Domino's Pizza currently occupies a 1,175 square foot
tenant space at this location, and is proposing to expand into the neighboring 2,230 square foot tenant
space. Accordingly, the space will be changing from sales-oriented retail to an eating and drinking
establishment. The expanded Domino's Pizza will total 3,405 square feet in size.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
Section 18.360.060.0 states that a minor modification shall be approved, approved with
conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: Because the applicant has only proposed a change of use, which primarily affects off-
street parking regulations,that is the main focus of the review. The change of use is from sales-oriented
retail to an eating and drinking establishment. The 19 acre development is a mixed-use, multi-tenant
site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC
18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this
formula:
Use Category Square Parking Spaces Percentage Total Parking
Foots a Re uired Re uired S aces Re uired
Warehouse
Office 49,713 134 85% 114
Sales-Oriented Reta
Medical/Dental 7,546 29 60% 17
Office
NIMD2015-00010 - 2 of 3
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Personal Services 4,175 10 60°% 6
t 3,683 16 60% l 111111
Fast Food 3,190 22 60% 13
Staff finds that 266 parking spaces are required for the entire development site, taking into
consideration the change of use discussed above. Based on the applicant's submitted site plan, staff
finds there is adequate parking at the development site,with 455 parking spaces provided.
Upon review of the applicant's plans and narrative,staff finds that all other applicable requirements are
met.This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do
not apply.Therefore,the proposed development is not a major modification.This criterion is met.
CONCLUSION: The proposal is a minor modification of existing site development and is in
compliance with the applicable requirements of this title.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON MARCH 17, 2015
AND BECOMES EFFECTIVE ON MARCH 18, 2015
Questions:
If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCSna,tigard-or.gov.
•
--� � March 17.2015
APPROVED B1 : Lina Smith
Assistant Planner
11\(1)2015-00010 3 of 3
RECEIVED MAR 12 1-015
City of Tigard CITY OF TIGARD
■
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING
TIGARD Minor Modification Type I Application
PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL
d L✓D A..r t t4 l21 t►'11�.o S L✓+Z �
Tl—'' I ELEMENTS
''2%'1•`)V 042) I A U CWW1 Aled1405NT Owner's Signature/Written
At ✓ RA A.LN O!L l,,e tt thorization
�1't lON ll150/164Je (NI A t(,t.t e't (wt) . -4S02.4 /Title Transfer Instrument or Deed
o4-atati+4(_ VC142 elt-I YAP 6 4V US& i ifs-•- Afi.u,v4 (1[J Site Plan(2 large plans drawn to scale
land one reduced to 8.5"x11'/")
Property address/location(s): 154 el 72°0 44, 4 Applicant's Statement/Narrative
(2 copies)Address criteria in:
1T(4 And /p+it. 7t)C 18.360.050.B.1-11
Tax map and tax lot #(s): 2 I t L pG too T p 1 E 'Filing Fee
Site size:
I ,,I; " I V I i , .1 ,
Applicant': /C[w 4 it, /4 VOrt fod IS 14°Z Z 14 Case No.: Min 120i S Oa ',/C
Address: /ti' e. I4 to sT— 5-Z4 7,6* 30 D
Related Case No.(s):
City/state: 1 (MeiSet / t ' t4 Zip: 10 7
Phone:Th'4 3 Email: L7VQ Ks D1��5) v v Ne9riaa..,04,-,
Application Fee:
Application accepted:
PROPERTY OWNER/DEED HOLDER(S). ❑Stine as Applicant By L S Date: -3--/Q-/C-
Name:
p+9L1 FIC_ iLeit LVt'% /455.044 to fe'S 1 Li' Application determined complete:
Address: (S}SD nfl.t, k�7L it i A 30 0 Br Date: J~/ IS
City/state: �1(.p1l✓ 0� Zip: f.7 4 c\rurt►u+ 4.'4n\twd Use Ap Uon, 14s.i 4 nim
Contact name: Pi dN in c 4 v1 Ise-
Phone number:
•When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes.Criteria in either 18.360.050(B)or
18.330.020(B)(2) must be addressed with a detailed response to each criterion.Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
REC8VED
MAR 12 2015
APPLICANTS F TIGARD
To consider an application complete,you will need to submit ALL of the REQUIR D SUBI�u APING
described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the 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.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
, yr . COI c of l'z 12 0\5
Applicant's signature Print name Date
I� :c Les l i G L o u is 3-12. 2015
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SAX/Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
RECEIVED •
MAR 122015
STATE OF OREGON j
CITY OF TIGARD county orws,hlnpu.n J 38
PLANNING/ENGINEERING t,Jerry ; ,rEO,,d, .•b Co County
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RECORDING REQUESTED BY county., r
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WH RECORDED MAIL TO Doc 96109040.1 y
Rect: 176720 98.00
The Northwestern Merril Life Ins.Co. 12/09/1996 11:0 6:4 3 am
720 East Wisconsin Avenue-Rm N I6WC
hfilwaukce,WI 53202
Attn: Dance M.Topolski
SPACE ABOVE THIS LINE FOR RECORDER'S USE -
• DEED OF TRUST and SECURITY AGREEMENT
THIS DEED OF TRUST and SECURITY AGREEMENT,Made as of the 3rd day of
December, 1996 between PACIFIC REALTY ASSOCIATES,L.P.,a Delaware limited ses
partnership,clo Richard P.Buono.15350 SW Sequoia}.rkway,#300,Portland,Oregon
97224,herein called"Grantor",and FIRST AMERICAN TITLE INSURANCE COMPANY
OF OREGON, 1700 SW Fourth Avenue,Portland,Oregon 97201-5512,herein called
"Trustee",and THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY,a
Wisconsin corporation,720 E.Wisconsin Avenue,Milwaukee,WI 53202,herein called
"Beneficiary": f—
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WITNESSETH,That Grantor,in consideration of the indebtedness herein mentioned,does
hereby irrevocably bargain,sell,grant,transfer,assign and convey unto Trustee,in trust,with
power of sale and right of entry and possession,the following property(herein referred to as
the"Property"):
A. The land in the Cities of Tigard and Hillsboro,County of
Washington,State of Oregon,described in Exhibit"A"attached
hereto and incorporated herein(the"Land")and all
appurtenances thereto;and
B. All buildings and improvements now existing or hereafter
erected thereon,all waters and water rizlits,all engines,boilers,
elevators and machinery,heating apparatus.electrical equipment,
air-conditioning equipment,water and gas fixtures,and all other
fixtures of every description belonging to Grantor which arc or
may be placed or used upon the Land or attached to the buildings
or improvements,all of winch,to the extent permitted by
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applicable law,shall be deemed an accession to the freehold and
d, a part of the realty as between the parties hereto;and
C. Grantees interest in all articles of personal property of every kind
and nature whatsoever,including,but not limited to,all
carpeting,draperies,and easily removable equipment(including
but not limited to furniture,televisions,restaurant equipment,
meeting room equipment),now or hereafter located upon the
Land or in or on the buildings and improvements and now
owned or leased or hereafter acquired or leased by Grantor,
Grantor agrees not to sell,transfer,assign or remove anything described in B and C above
now or hereafter located on the Land without prior written consent from Beneficiary unless(i)
such action does not constitute a sale or removal of any buildings or improvements or the sale
or transfer of waters or water rights and(ii)such action results in the substitution or
replacement with similar items of equal value.
Without limiting the foregoing grants,Grantor hereby pledges to Beneficiary,and grants to
Beneficiary a security interest in,all of Grantor's present and hereafter acquired right,title and
interest in and to the Property,and any and all
D. Cash and other funds now or at any time hereafter deposited by
or for Grantor on account of tax,special assessment,replacement
or other reserves required to be maintained pursuant to the Loan
Documents(as hereinafter defined)with Beneficiary or a third
party,or otherwise deposited with,or in the possession of,
Beneficiary pursuant to the Loan Documents;
E. Surveys,soils reports,environmental reports,guaranties,
warranties,architects contracts,construction contracts,drawings 0 .
IMMIA
and specifications,applications,permits,surety bonds and other
contracts relating to the acquisition,design,development,
construction and operation of the Property;
F. Present aed future rights to condemnation awards,insurance
proceeds or other proceeds at any time payable to or received by
Grantor on account of the Property or any of the foregoing
personal property;and
G. Of the following property of Grantor,whether now owned or
hereafter acquired: all accounts,accounts receivable,contract
rights,chattel paper,instruments evidencing any tight to
payment for goods sold or leased or for services rendered on the
that portion of the Property described as Parcel IV(the"Hotel
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Property"),including,without limitation,all products and
proceeds thereof.
All personal property hereinabove described is hereinafter referred to as the"Personal
Property".
If any of the Property is of a nature that a security interest therein can be perfected under the
Uniform Commercial Code,this instrument shall constitute a security agreement and
financing statement if permitted by applicable law and Grantor agrees to join with Beneficiary
in the execution of any financing statements and to execute any other instruments that may be
required for the perfection or renewal of such security interest under the Uniform Commercial
Code.
TO HAVE AND TO HOLI the same'into Trustee for the purpose of securing: ^'
(a) Payment to the order of Beneficiary of the indebtedness evidenced by a —
promissory note of even date herewith(and any restatement, extension or renewal thereof and
any amendment thereto)executed by Grantor for the principal svrn ofTerJRTY-SIX
MILLION DOLLARS,with final maturity no later than January 1,2007 and with interest as
therein expressed(which promissory note,as such instrument may be amended,restated,
renewed and extended,is hereinafter referred to as the"Note"),it being recognized that the
fiends may not have been fully advanced as of the date hereof but may be advanced in the
future in accordance with the terms of a written contract;and
('o) Payment of all sums that may become due Beneficiary wader the provisions o>;
and the performance of each agreement of Grantor contained in,the Loan Documents.
As used herein,"Loan Documents"means this instrument,the Note,that certain Absolute
Assignment of Leases and Rents of even date herewith between Grantor and Beneficiary(the
"Absolute Assignment"),that certain Certification of Borrower of even date herewith and any
other agreement entered into by Grantor and delivered to Beneficiary in connection with the
indebtedness evidenced by the Note,except for any separate environmental indemnity
agreement,as any of the foregoing may be amended from time to time.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST,GRANTOR COVENANTS
AND AGREES: - —
Payment of Debt. Grantor agees to pay the indebtedness hereby secured(the
"Indebtedness")promptly and in full compliance with the terms of the Loan Documents.
Ownership. Grantor represents that it owns the Property and has good and lawful right to
convey the same and that the Property is free and clear from any and all encumbrances
whatsoever,except as appears in the title evidence accepted by Beneficiary. Grantor does
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hereby forever warrant and shall forever defend the title and possession thereof against the --
lawful claims of any and all persons whomsoever.
Maintenance of Property and Compliance with Laws. Grantor agrees to keep the buildings
I and other improvements now or hereafter erected on the Land in good condition and repair,
not to commit or suffer any waste;to comply with all laws,macs auu regulations affecting the
Property;and to permit Beneficiary to enter nt all reasonable times for the purpose of
inspection and of conducting,in a tcnsonable and proper manner,such tests as Beneficiary
determines to be necessary in onier to monitor Grantor's compliance with applicable laws and
regulations regarding hazardous rnatercis affecting the Property.
Insurance. Grantor agrees to keep the Property insured for the protection of Beneficiary in
such manner,in such amounts and in such companies as Beneficiary may from time to time
reasonably approve,and to keep the policies therefor,properly endorsed,on deposit with
Beneficiary;that insurance loss proceeds(less expenses of collection)shall,at Beneficiary's
option,be applied on the Indebtedness,whether due or not,or to the restoration of the
Property,or be released to Grantor,but such application cr release shall not cure or waive any
default under any of the Loan Documents. If Beneficiary elects to apply the insurance loss
proceeds on the Indebtedness,no prepayment privilege fee shall be due thereon.
Condemnation. Grantor hereby assigns to Beneficiary(i)any award and any other proceeds
resulting from damage to,or the taking of all or any portion of the Property in connection
with condemnation proceedings or the exercise of any power of eminent domain and(ii)the
proceeds from any sale or(nrtsfer in lieu thereof;and grants Beneficiary the right,at its
option,to apply such award and other proceeds(less expenses of collection)on the
Indebtedness(including any prepayment privilege fee),whether due or not,or to the
restoration of the Property or to release all or any portion thereof to Grantor,but such
application or release shall nor cure or waive any default under any of the Loan Documents.
Taxes and Special Assessments. Grantor agrees to pay before delinquency all taxes and
special assessments of any kind that have been or may be levied or assessed against the
Property,this instrument,the Note or the indebtedness,or upon the interest of Trustee or
Beneficiary in the Property,this instrument,the Note or the Indebtedness,and to procure and
deliver to Beneficiary the official receipt of the proper officer showing timely payment of all
such taxes and assessments;provided,however,that Grantor shall not be required to pay any
such taxes or special assessments if the amount,applicability or validity thereof shall
currently be contested in good faith by appropriate proceedings and finds sufficient to satisfy
the contested amount have been deposited in an escrow satisfactory'to Beneficiary.
Personal Property. With respect to the Personal Property,Grantor hereby represents,
warrants and covenants as follows:
(a) Except for the security interest granted hereby,Grantor is,and as to portions of
the Personal Property to be acquired after the date hereof•.vill be,the sole owner of the
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Personal Property,flee from any lien,security interest,encumbrance or adverse claim thereon
of any kind whatsoever. Grantor shall notify Beneficiary of and shall indemnify and defend •
Beneficiary and the PersonnJ Property against,all claims and demands of all persons at any
Erne claiming the Personal Property or any part thereof or any interest therein.
(b) Except as otherwise provided above,Grantor shall not lease,sell,convey or in
any manner transfer the Personal Property without the prior consent of Beneficiary.
(c) Grantor maintains a plate of business at the address set forth above in this
instrument,and Grantor shall immediately notify Beneficiary in writing of any change in its
place of business.
(d) At the request of Beneficiary,Grantor shall join Beneficiary in executing one
or more financing statements and continuations and amendments thereof pursuant to the
Uniform Commercial Code of the jurisdiction in which the Property is located in form
satisfactory to Beneficiary,and Grantor shall pay the cost of filing the same in all public
offices wherever filing is deemed by Beneficiary to be necessary or desirable.
Other Liens. Grantor agrees to keep the Property free from all other mortgage liens and from
all liens prior to the lien created hereby. The creation of any other mortgage lien,whether or
not prior to the lien created hereby,the creation of any prior lien or the assignment or pledge
by Grantor of its revocable license to collect,use and enjoy rents and profits from the
Property shall constitute a default under the terms of this instrument The term'mortgage"
includes a mortgage,deed of trust,deed to secure debt or any other security interest in the
Property.
Leases, Grantor represents and warrants that there is no assignment or pledge of any leases
or rentals or income from,the Property now in effect;and covenants that,until the
Indebtedness is fully paid,it(i)shall not make any such assignment or pledge to anyone other
than Beneficiary,(ii)shall not,unless expressly permitted under another provision in this --
instrument,make any assignment or pledge to anyone of its hereinafter described revocable
license to collect,use and enjoy the rents and profits,and(iii)shall not,without the prior
written approval of Beneficiary,consent to acancellation or surrender of any of said leases
having at the time an unexpired term of more than two years or to a release or reduction of the
liability of any party to such a lease.
In consideration of the Indebtedness,Grantor,pursuant to the Absolute Assignment,has
assigned to Beneficiary all of Grantor's right,title and interest in said leases,including
Grantor's right to collect,use and enjoy the rents and profits therefrom. Beneficiary has,in
the Absolute Assignment,in-anted to Grantor a license to collect,use and enjoy said rents and
1 profits. Such license is revocable by Beneficiary pursuant to the terms of the Absolute
Assignment
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coati,Fees and Emenaes• Grantor agrees to pay all costs,fees and expenses of this taut;to
appear in and defend any action or proceeding purporting to affect the security hereof or the
rights or powers of Beneficiary or Trustee hereunder,to pay all costs and expenses,including
° the cost of obtaining evidence of title and reasonable attorney's fees,incurred in connection
with any such action or proceeding;and to pay any and all attorney's fees and expenses of
collection and enforcement in the event the Note is placed in the hands of an attorney for
collection,enforcement of any of the Loan Documents is undertaken or suit is brought
thereon.
WARNING
Unless you(Grantor)provide us(Beneficiary)with evidence of the insurance coverage as o
required by our contract or loan agreement,we may purchase insurance at your expense to
protect our interest This insurance may,but need not,also protect your interest If the Mill
collateral becomes damaged,the coverage we purchase may not pay any claim you make or
any claim made against you. You may later cancel this coverage by providing evidence that
you have obtained property coverage elsewhere.
You are responsible for the cost of any insurance purchased by us. The cost of this insurance
may be added to your contract or loan balance. lithe cost is added to your contract or loan
balance,the interest rate on the underlying contract or loan will apply to this added amount
The effective date of coverage may be the date your prior coverage lapsed or the date you
failed to provide proof of coverage.
The coverage we purchase may be considerably more expensive than insurance you can
obtain on you own and may not satisfy any need for property damage coverage or any
mandatory insurance requirements imposed by applicable law.
Failure of Grantor to Act. If Grantor fails to make any payment or do any act as herein
provided,Beneficiary or Trustee may.without obligation so to do,without notice to or
demand upon Grantor and without releasing Grantor from any obligation hereof:(i)make or , -
do the same in such manner and to such extent as Beneficiary may deem necessary to protect Mir
the security hereof,Beneficiary or Trustee being authorized to enter upon the Property for
BEM
such purpose;(ii)appear in and defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee;(iii)pay,purchase,contest LAWNS
or compromise any cecumbtance,charge or lien which in the judgment of Beneficiary
appears to be prior or superior hereto:and(iv)in exercising any such powers,pay necessary
expenses,employ counsel and pay its reasonable fees. Sums so expended shall be payable by
Grantor immediately upon demand with interest from date of expenditure at the Default Rate
(as defined in the Note). All sums.so expended by Beneficiary and the interest thereon shall
be included in the Indebtedness and secured by the lien of this instrument.
Event of Default. Any default by Grantor in making any required payment of the
Indebtedness or any default in any provision,covenant,agreement or warranty contained in
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any of the Loan Documents shall,except as provided in the two immediately succeeding
paragraphs,constituta an"Event of Default".
Notice of Default. A default in any payment required in the Note or any other Loan
° Document(a"Monetary Default")shall not constitute an Event of Default unless
Beneficiary shall have given a written notice of such Monetary Default to Grantor and
Grantor shall not have cured such Monetary Default by payment of all amounts in default
(including payment of interest at the Default Rate,as defined in the Note,from the date
of default to the date of cure on amounts owed to Beneficiary)within five(5)business
days after the date on which Beneficiary shall have given such notice to Grantor.
Any other default under the Note or under any other Loan Document(a"Non-Monetary —`
Default")shall not constitute an Event of Default unless Beneficiary shall have given a
written notice of such Non-Monetary Default to Grantor and Grantor shall not have cured
such Non-Monetary Default within thirty(30)days aver the date on which Beneficiary
shall have given such notice of default to Grantor(or,if the Non-Monetary Default is not
curable within such 30-day period,Grantor shall not have diligently undertaken and
continued to pursue the curing of such Non-Monetary Default and deposited an amount
sufficient to cure such Non-Monetary Default in an escrow account satisfactory to
Beneficiary).
a
For purposes of this provision,written notice may be delivered personally or sent by
certified mail or reputable courier service with charges prepaid,by telecopier or by such
other method whereby the receipt thereof may be confirmed. Notia.shall be deemed
given on the date received. Any notice which is rejected,the acceptance of which is
refused or which is incapable of being delivered for any reason shall be deemed received
as of the date of attempted delivery.
In no event shall the notice and cure period provisions recited above constitute a grace
period for the purposes of commencing interest at the Default Rate(as defined in the
Note).
Substitution ofTrnstee. Beneficiary and its successors and assigns may for any reason and
at any time appoint a new or substitute Trustee by written appointment delivered to such new
or substitute Trustee without notice to Grantor,without notice to,or the resignation or
withdrawal by,the existing Trustee and without recordation of such written appointment
unless notice orrecordation is required by the laws of the jurisdiction in which the Property is
located. Upon delivery of such appointment,the new or substitute Trustee shall be vested
with the same tide and with the same powers and dunes panted to the original Trustee.
Appointment of Receiver. Upon commencement of any proceeding to enforce any right
under this instrument,including foreclosure thereof Beneficiary(without limitation or
restriction by any present or future law,without regard to the solvency or insolvency at that
time of any party liable for the payment of the Indebtedness,without regard to the then value
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of the Property.whether or not there exists a threat of imminent harm,waste or loss to the
a Property and whether or not the same shall then be occupied by the owner of the equity of
redemption as a homestead)shall have the absolute right to the appointment of a receiver of
the Property and of the revenues,rents,profits and other income therefrom,and said receiver
shall have(in addition to such other powers as the court making such appointment may
confer)full power to collect nil such income and,after paying ail necessary expenses of such
receivership and of operation,maintenance and repair of said Property,to apply the balance to
the payment of any of the Indebtedness then due.
Foreclosure. Upon the occurrence clan Event of Default,the entire unpaid Indebtedness
shall,at the option of Beneficiary,become immediately due and payable for all purposes
without any notice or demand,except as required by law(ALL OTHER NOTICE OF THE
EXERCISE QF SUCH OPTION,Qli OF THE INTENT TO EXERCISE SUCH OPTION„ _BEING HEREBY EXPRESSLY WAIVED),and Beneficiary may,in addition to exercising
any rights it may have with respect to the Personal Property under the Uniform Commercial
Code of the jurisdiction in which the Property is located,institute proceedings in any court of
competent jurisdiction to foreclose this instrument as a mortgage,or to enforce any of the
covenants hereof,or Trustee or Beneficiary may,either personally or by agent or attorney in
fact,enter upon and take possession of the Property and manage,rent or lease the Property or r°
any portion thereof upon such terms as Beneficiary may deem expedient,and collect,receive
and receipt for all rentals and other income therefrom and apply the sums so received as
hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, ta•s�
_ either after or without such entry,to sell and dispose of the Property en masse or in separate _
parcels(as Trustee may think best),and all the right,title and interest of Grantor therein,by
advertisement or in any manner provided by the laws of the jurisdiction in which the Property
is located,(GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A BEARING
PRIOR TO SUCH SALE),and to issue,execute and deliver a deed of conveyance,all as then falai
may be provided by law;and Trustee shall,out of the proceeds or avails of such sale,after
first paying and retaining all fees,charges,costs of advertising the Property and of making
said sale,and attorneys'fees as herein provided,pay to Beneficiary or the legal holder of the
Indebtedness the amount thereof,including all sums advanced or expended by Beneficiary or
the legal holder of the Indebtedness,with interest from date of advance or expenditure at the
Default Rate(as defined in the Note),rendering the excess,if any,as provided by law;such
sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity,
against Grantor,the heirs,successors and assigns of Grantor,and all other persons claiming
the Property aforesaid,or any part tl •-of,by,from,through or under Grantor, The legal
holder of the Indebtedness may purchase the Property or any part thereof,and it shall not he
obligatory upon any purchaser at any such sale to sec to the application of the purchase
money.
Due on Sale. The present ownership and management of the Property is a material
consideration to Beneficiary in making the loan secured by this instrument,and Grantor
shall not(i)convey title to all or any part of the Property,(ii)enter into any contract to
convey(land contract/installment sales contract/contract for deed),title to all or any part
NML g
Q of the Property which gives a purchaser possession of,or income from,the Property prior
ci to a transfer of tithe to all or any part of the Property("Contract to Convey") or(iii)cause
or permit a change in the proportionate ownership of Grantor or the conversion of
Grantor to a limited liability company or any other limited liability entity. Except if
resulting from the death or legal incompetency of any individual, any conveyance,
entering into a Contract to Convey,change in the proportionate ownership of Grantor or
the conversion of Grantor to a limited liability company or any other limited liability
entity shall constitute a default under the terms of this instrument.
For purposes of this instr ment,a"change in the proportionate ownership of Grantor"
means any conveyance,assignment or transfer resulting in the principals cf Kohlberg,
Kravis,Roberts and Co.and the management of PacTrust Realty Inc.owning, directly or
indirectly, in the aggregate, less than a 51%interest in PacTrust Realty Inc.,the general
partner of Grantor,and shall include in the case of a corporation,a change in the
ownership of the voting stock of such corporation;in the case of a trust,a change in the
beneficial ownership of such mist;in the case of a joint venture,a change in the
ownership oldie joint venture interests of such joint venture;in the case of a limited
liability company,a change in the members of the limited liability company;in the case
of a partnership,a change in the ownership e`lie general partnership interests of such
partnership.
Financial Statements. Grantor agrees to furnish to Beneficiary,at Grantor's expense and
within 90 days after the close of each fiscal year("Financial Statements Due Date"),annual
unaudited financial statements on the Property,including the following(collectively referred
to herein as the"Statements"):
(a) a balance sheet and income statement for Grantor;and
(b) statement of operations for each building with a detailed line item breakdown
of all operating expenses,and a separate supplemental schedule listing the
capitalized costs associated with tenant improvements,lease commissions and
capital improvements.
Grantor also agrees to provi2_Beneficiary by the Financial Statements Due Date a current
rent roll listing annual rent,square feet,squ.re feet of office space,lease term and tenant
reimbursements(the"Rent Roll")and a certification(the"Certification")by a senior officer of
Grantor staring that the Statements and Rent Roll are true and correct and tha:the Statements
have been prepared in accordance with generally accepted accounting principles, Grantor
acknowledges that Beneficiary requires the Statements,Rent Roll and Certification in order to
record accurately the value of the Property for financial and regulatory reporting.
- if Grantor does not furnish,or cause to be furnished,the Statements,Rent Roll and
Certification to Beneficiary by the Financial Statements Due Date,within days after
NMLI
9
•
•
Beneficiary shall have given written notice to Grantor that the Statements,Rent Roll and/or
a Certification have not been received as required,
•o'
(x)interest on the unpaid principal balance of the Indebtedness shall as of the
Financial Statements Due Date,accrue and become payable at a rate equal to the sum
of the Interest Rate(as defined in the Note)plus one percent(1%)per annum(the
"Increased Rate");and
(y)Beneficiary may elect to obtain an independent appraisal and audit of the Property
at Grantor's expense,and Grantor agrees that it will,upon request,promptly make
Grantor's books and records regarding the Property available to Beneficiary and the
person(s)performing the appraisal and audit(which obligation Grantor agrees can be
specifically enforced by Beneficiary).
The amount of the payments due under the Note during the time in which the Increased Rate
shall be in effect shall be changes to an amount which is sufficient to amortize the then
unpaid principal balance at the Increased Rate during the then remaining portion of a period
of 25 years commencing with the Amortization Period Commencement Date(as defined in
the Note). Interest shall continue to accrue and be c.u. and payable monthly at the Increased
Rate until the Statements,Rent Roll and Certification shall be furnished to Bencfi:iaty rs
required. Commencing on the date on which the Statements,Rent Roll and Certification are
—_- received by Beneficiary,interest on the unpaid principal balance shall again accrue at the
Interest Rate and the payments due during the remainder of the term of the Note shall be —
changed to an amount which is sufficieht to amortize the then unpaid principal balance at the --•
Interest Rate during the then remaining portion of a period of 25 years commencing with the
Amortization Period Commencement Date. Notwithstanding the foregoing,Beneficiary shall •
have the right to conduct an independent audit at its own expense at any time.
Franchise AErcement. , + ..'u► a e+?ctin
C\girt5 ottFrenehise-Agreement dal en-Grantor
•and-Marc+oil-lntemetieral pre: -thezFranchi r-agees,upon
4eeute-e-eollatetal assn y
:.'. •, . t:• •. .. • ':•scs.this-nssigrunentr'Any termination or modification
of the Franchise Agreement shall constitute a default under this instrument,and the whole
—'� Indebtedness may be declared immediately due and payable,at the option of Beneficiary.
Deposits by Grantor. To assure the timely payment of real estate taxes and special —
assessments,Beneficiary shall have the option,in the event of any default,to require
Grantor to deposit funds with Beneficiary,in monthly or other periodic installments in
amounts estimated by Beneficiary from time to time sufficient to pay real estate taxes and
special assessments as they become due. If at any time the funds so held by Beneficiary,
or in such other account,shall be insufficient to pay any of said expenses,Grantor shall,
upon receipt of notice thereof,immediately deposit such additional funds as may be
necessary to remove the deficiency. All funds so deposited shall be irrevocably
[NMLJ 10�D
•
•
appropriated to Beneficiary to be applied to the payment of such real estate taxes and
I special assessments and,at the option of Beneficiary after default,the Indebtedness.
o,.
°! Liens Discharsed by Proceeds. Beneficiary shall be subrogated to the lien of any and all
prior encumbrances,liens or charges paid and discharged from the proceeds of the Note,and
even though said prior liens have been released of record,the repayment of the Note shall be
secured by such liens on the portion of the Property affected thereby to the extent of such
payments,respectively,
Modification of Terms. Without affecting the liability of Grantor or any other person
(except any person expressly released in writing)for payment of the Indebtedness or for
performance of any obligation contained herein and without affecting the rights of
Beneficiary with respect to any security not expressly released in venting,Beneficiary may,at •-•
any time and from time to time,either before or after the maturity of the Note,without notice
or consent (i)release any person liable for payment of all or any part of the Indebtedness or
for performance of any obligation;(u)make any agreement extending the time or otherwise
altering the terms of payment of all or any part of the Indebtedness,or modifying or waiving
any obligation,or subordinating,modifying or otherwise dealing with the lien or charge
hereof;(iii)exercise or refrain from exercising or waive any tight Beneficiary may have;(iv)
accept additional security of any kind;(v)release or otherwise deal with any property,real or
personal,securing the Indebtedness,including all or any part of the Property.
Exercise of Options. Whenever,by the terms of this instrument,of the Note or any of the —
'
�
other Loan Documents,Beneficiary is given any option,such option may be exercised when
the right accrues,or at any time thereafter,and no acceptance by Beneficiary of payment of
Indebtedness in default shall constitute a waiver of any default then existing and continuing or
thereafter occurring.
Nature and Saccession of Aereements. Each of the provisions,covenants and agreements
contained herein shall inure to the bencfit of_and be binding on,the heirs,exe:astors,
administratrrs,successors,grantees,lessees and assigns of the parties hereto,respectively,
and the term"Benefciary"shall include the owner and holder of the Note.
Legal Enforcenbility. No provision of this instrument,the Note or any other Loan
Documents shall require the payment of interest or other obligation in excess of the maximum
permitted by law. If any such excess payment is provided for in any Loan Documents or shall
be adjudicated to be so provided,the provisions of this paragraph shall govern and Grantor
shall not be obligated to pay the amount of such interest or other obligation to the extent that it
is in excess of the amount permitted by law.
Limitation of Liability. Notwithstanding any provision contained herein to the contrary,
the personal liability of Grantor shall be limited as provided in the Note.
NML tl //
•
t ... •` •' • • • • • • , •. t i '• _....._. _ ._........_..•
f aptionl. The captions contained herein are for convenience and reference only and in no
' way define,limit or describe the scope or intent of or in any way affect this iostzument.
UNDER OREGON LAW,MOST AGREEMENTS,PROMISES AND
COMMITMENTS MADE BY BENEFICIARY AFTER OCTOBER 3,
1989 CONCERNING LOANS AND OTHER CREDIT EXTENSIONS
H WHICH ARE NOT FOR PERSONAL,FAMILY OR HOUSEHOLD —
PURPOSES OR SECURED SOLELY BY THE BORROWER'S .m,
RESIDENCE MUST BE IN WRITING,EXPRESS CONSIDERATION _
AND,BE SIGNED BY BENEFICIARY TO BE ENFORCEABLE_
• IN WITNESS WHEREOF,this instannent has been executed by the Grantor as of the day
iand year first above written.
1
PACIFIC REALTY ASSOCIATES,L.P.,
a Delaware limited partnership
By: PacT Realty,Inc.,a Delaware
rporatio• g • 1 s to.
Richard P.Buono,Vice President
...._..J ail 1
--_-=f
Elm
1
NML l2 /02-
STATE OF )
)ss.
COUNTY OF )
_ On this £ day of.D .'^rig -, 1996,personally appeared Richard P.Buono,who,
being sworn,din he is the Vice President of PacTtust Realty,Inc.,a Delaware
corporation,on behalf of the corporation as a partner of PACIFIC REALTY ASSOCIATES,
L.P.,a Delaware limited partnership.the corporation that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
corporation,and stated that he was authorized to execute said instrument by authority of its
Board of-Directors.
Before me: �y to4 •
My commission expires (•a *c)°°°
iris 01'r7CNLSEAL
+"+ VatalelA/ARSONS
�� c0rMRY RA NO.O6 214
COMM4CSXk1 H0.050214
• MV cow., 6H EYPiriLS JAN.26.2000
_ This instrument was prepared by Catherine L.Shaw,Attorney,for The Northwestern Mutual
Life Insurance Company,720 East Wisconsin Avenue,Milwaukee,WI 53202.
JVw
NML 13
... _._. . . .......
.tx
Or: \ EXIi161T
\ PARCEL 1'
` A tract of Tend In the Sorairwost Dire-quarto'of the Northeast onepuaner of Secton 12,Township 2 South,
Range 1 West of the WIllemetto Morfdlan,In the City of Tigard,County of Washington and Stale of Orepor
said tract being more particularly described as follows:
Beginning at the Northwest comer of Lot 21,FANNO CREEK ACRE TRACTS,a duly recorded subdivision
In Plot Book S.page 14,Washington County Plat Records;thence along the West line of said tot 21 and
thence Lot 22 cf said FANNO CREEK ACRE TRACTS, South 2'13'09' East, 376.44 foot; thence North
87'46'51'East.26824 foot to the Easterly line of that parcel described as'Parcel 3'In Document No.90-
20301,Washington County Book of Records,said point being 35 feet Westerly of,when measured at right
angles to,the centerline of the Southern Pacific Railroad ee described In a conveyance to the Beaverton and
Willsburg Railroad Company recorded In Book 77,page 264,Washington County Deed Records;thence
parallel with said centerline. North 17'30'52'West 304.14 feet to the Northeast corner of that parcel
described as'Parcel 2'In said Document 90.20301; thence along North Eno of said 'Parcel 2', South
89'50•17'West. 15.72 foot to the Northeast corner of said Lot 21; thence parapet with said Railroad
contort/no.North 17'30'52'West 125.66 feat to the Northeast comet of that parcel described as'Parcel r
In a corrvoyance to Pacific Realty Associates,LP.In Document No.89-48305,Washington County Book of
Records:thence tracing the North line of said'Parcel I',South 89•S3'17'Wevt,138.14 feet to the Northwest
corner thereof; thence Yactng the West line cf said 'Parcel I',South 2'13'09'East 119.84 feet to tho
Southwest corner thereof;thence tracing the South One of said'Parcel I',North 0.9'56'17'East,30.02 feet
:o the point of beginning.
IBCCEPT THEREFROM that portion lying below a depth of 500 feat measured vertically,Irom the contour
of the surface of said property.as reserved by Deed recorded February 13. 1978 as Fee No.78-6895.
Washington County Records.
TOGETHER WITH an easement for vehicular Ingress and egress as described In Easement Agreement
recorded Juno 12.1901 as Fee No.91030299,Records of Washington County,Oregon.
i'—
ALSO TOGETHER WITH a perpetual nonexdusive easement for vehicular Ingress and ogress as described
In Dedaratfon of Easement recorded July 31,1990 as Fee No.90.40587.Records of Washington County.
Oregon.
• �> PARCEL Ii'
i
A tract of land In tho Southwest one-quarter of the Northeast one-quarter aria the Northwest one-quarter of
the Southeast one-quarter of Section 12,Township 2 South,Range 1 West of the Willamette Meridian,in
the City of Tigard,County of Washington and State of Oregon,said tract being more particularly described
as foltovs:
Commencing at the Northwest corner of Lot 21. FANNO CREEK ACRES TRACTS, a duly recorded
subdivisfon In Plat Book S.page 14.Washington County Plat Records;thence along the West Ilne of said
- .__._...._.--:...,�..r -'tip
•
-111111=11111111111111111.T_ -
■ •
Q
In Document No. I?8-57871, South 68'41'57'Wort,359.68 toot to the Southwest corner thoroul:thence
tracing the West line of said parcel described in Document No.88-57074 and thence the West line Of Lot
23 and 22 of said FANNO CREEK ACRE TRACTS,North 2'13'09'West,698.65 fort to the trio point of
beginning.
TOGETHER WITH an easement for vghlcuiar Ingrvsa and ogress as described In Easement Agreement
recorded June 12. 191 as Fee No.01030299.Records of Washington County,Oregon.
ALSO TOGETHER WITH a perpetual nonexclusive easement for vehicular ingress and egress as described
In Doderatlon of Easomont,rucordod July 31,1990 as Fop No.90-40587.Records of Washington County,
Oregon.
PARCEL III:
rn1 J t,s
1f! Lot 2.PACIFIC CORPORATE CENTER.In the City of Tigard,County of Washington end State of Oregon.
PARCEL IV:
A tract of land being a potion of Lot S,PACIFIC CORPORATE CENTER,a duly recorded plat In Washington
County Plat Book 71,pages 38 through 41.located In the Southeast one-quarter of Section 12,Township
2 South,Range 1 West.of the Willamette Mtrkilan,In the City of Tigard,County of Washington and State
of Oregon.said tract being described as follows:
Commencing er the Northeast corner of said Lot 5;thence tracing the boundaries of said Lot 5 the following
courses and distances:South 17•51'47 Wost.49.32 feat;thonce South 18'05'10'West,125.30 foot to tho
true point of beginning;thonco South I8'05'10'West 187.60 foot;chance South 23'49'25'West.218.70 feet:
thence South 50'11'1r West.13.00 feet;thence North 80'38'5V West.263.49 feet:thence North 41'53'25'
East.28.00 feet to a point of non-tangent curvature;Nonce along the arc of a 881.50-foot radius curve to
the left,through a contra,angle of 4.44'53',an arc distance of 73.05 feet(tho 01=4.Of which boars Noah
15'06'06'East,73.03 feet);thence North 12'20'51'West.47.35 feet to a point of non-iIngent curvature; - I
thence along the arc of a Bt .SOdoot radius curve to the loft.through a central angle of 16'03'38',an arc
distance of 241.S2 feet(the Chord of which boars North 1'51'19'East 240.73 feet);thence IOaving the EMI=
boundary at said Lot S.North 90'00'00'East,384.53 feet to the true point of beginning.
('1 V' PARCEL V:
a
A tract of and situated In the Northeast quarter of Soctlon 13.Township 2 South.Range 1 West,of the
Willamette Meridian,In the City of Tigard,County of Washington and State of Oregon,described as foilow5:
Commencing at ho East one-quarter corner of Section 13. Township 2 South, Range 1 West. of the
Willamette Mtrldian;thence South 118'45'S9'West along'the center of suction line of said Section 13.
1320.01 feet to a point on the centerline of S.W.72nd Avenue;thence North 00'16'01'East along said
contellino.277.00 reef to;he true point Of beginning;thence South 89'4721*Waat.70.03 feet to a point on I _.
the right-of-way 01 said S.W.72nd Avenue;thence continuing South 83'47'21'West,621.19 feet.to the
Northwest corner of Lot 16,of COUNCIL VIEW ACRES NO. I,a duly rued plat In said county;rhenco North,
316.40 foal along the of line common to Lots 4 and 5 of said COUNCIL VIEW ACRES NO. t and the
Southerly extension thereof to the Northeast comet of said Lot 4;thence South 69'50'20'West 192.49 foot
along the North lot line of Lots 3 and 4 of said COUNCIL VIEW ACRES NO. 1 to the Southeast corner of
Lot 44 of COUNCIL VIEW ACRES NO.2,a duly filed plat In said county;thence North 00'ZO'10'West 325.76
feet along the East line of Lots 44,43 and 42 of said COUNCIL VIEW ACRES NO.2 to the most Southerly
Southwest corner of that property described in Exhibit'A'in Deed to Pacific Rea;ty Associates, LP.,a
Delaware limited partnership,recorded March 2, 1992 as Fen No,92010144, Washington County Deed
Records;thence North ILrr44'50'East 522.02 feet ain,9 the South line of sold Deed to a point which Is
33.00 feet from,when msasurrxf at right angles t0,ereconfurlino of S.W.Durham Rtccd;thence continuing
North 89'44'50'East 37.45 foot to the centerline of said S.W. Durham Road;thence Southeasterly along
"
` VlvlLl PAGE2of L4 li'c;ti:ut ct
NM '' /
said Centerline on the arc of a 200.00 foot radius curve to the left through a central anglo of 31'52'50'(the
long chord of which bears South 48`51'25'East,109.85 feet)an arc distance of 11128 feet;thence South
62.47'50'East,235.16 feet;thence Southeasterly on the arc of a 6,10.00 foot radius curve to the left through
rn a central angle of 16'14'02- (the long chord of which bears South 70'54'51'East, 169.43 feet) en arc
distance of 170.00 feet:thence Sahli 79'01'52'East,79.99 feet to the intoreoctlon of said centerline with
the centerline of S.W.72nd Avenue;thence South 00'18'01'Weed along the centerline of sass S.W.72nd
Avenue,387.58 feet to the true point of beginning.
PARCEL Vin
Tract l:
A tract of lend situated In the Caleb Wilkins and wife Donation Lend Claim No.49,Township 1 North,Range
2 Mast,of the Wiltamette Meridian,In the County of Washington and State of Oregon. mere particularly
describod as follows:
Nom
Commencing at the Norhwost comer of the Caleb Wuktns Donation Land Cairn No. 40; thonco South
77'40'20'East along the North lino of saki Donation land Claim,a dtstancn of 1159.48 foot:thonco South
t•22'O:i West parallel with rho Went lino of said WUkin.s Donation Land Cairn,a distnnco of 20.37 foot to
a point on the South line of N.W.Evergreen flood,County Road No.A-66(Should read A-99),and the point
of twUtnrdng of the tract heroin to be described;thence South 77'40'20'East along tiro South iine of N.W.
E.vorgreon Road,a distrince of 009.47 toot to trio East fine of that tract of lend conveyed to Amos Rich.Cl
tor.try Deed recorded In Book 241.page GOD,Deed Records;thence South 3'11'47'Wrest along the East
line of said Rich Tract a distance of 717.00 tent to the North lino of rolocatud N.W.Evorgroon Road(110
foot):tt.ence South 87'03'48'East a leng said North Zino a distance of 5413.37 font to n point on tho West line
of Cornelius Pass Road,County Road No.1'72:thence South 2'56'12'West along said Wrist tine 55.00 feet
to the centerline of relocated N.W. Even an Road; Chance North 87`03'48'We Nang said contedlno
560.35 feet to a point of curvature;threw_along said centerline on tho arc of a 1009.86 foot radius curve
to the right•through a central eagle of 9'23'26-,an arc distance of 313.04 feet. (trio chord boars North
82'22'04'Wont 312.69 feet)to a point of tangoncy:thenco North 77'40'20'West a distance of 455.07 feet:
thence North 1'22'0: East a distance 0:059.63 foot to Ulu point of beginning.
E•CEPT that portion thereof described in pond recorded October 17, 1985 as Fee No.85041333.
ALSO EXCEPT that portion thorool described in Deed recorded Jule 11.1936 as Fee No.86024766.
ALSO EXCEPT that portion thereof described In Coed to City ci H'ltsboro recorded September 9.1995 as
Fee No.95067094.
Tract II;
A tract a
il 011aAd situated Ira the Caleb Wilkins and wife Donation Land Calm No.49,Township 1 North.Range ®'
2 West of the Walamette Meridian,In the County of Washington and State of Oregon, morn particularly
described as follows:
Beginning at a point on the West line of tho Caleb Wilkins Donation Land Calm that is South 1'22'03 West
a distance of 20.37 feat horn the Northwest corner thereof,said point being on the South line of N.W.
Evergreen flood.County Road No.A-86(Should road A-99);thence South 77'40'20'Last along tho South
lino of N.W.Evergreen Road a distance 011159.48 font:thence South 1.27'05'West,parallel with the West
lino of said Wikins Donation Land Calm a distance of 859.63 foot to a point on the Centerline of relocarrtd
N.W. EverOrncn Road (110 fart):thence North 77'40'20'West along said centerline a distance of t21.53
foot to a point of curvature:thonco along said corrtadino on the arC of a 1M.86 foot radian curve to the
right,through a central angle of 35'23'53',/mutt distance of 1179 58 heat(the chord teats North 59'58'21'
Wont 1161.30 fan) to a point on the West into of the Caleb Wilkins Donation lard Cairn:thence North
1.22'05'East along said West lino a dlstanco of 500.00 toot to the point of ginning,
PAGE 3 of 14 Exhibit "32
NML /(o
•
0
7�ee/rrelaRl
•
de'
Ca. EXCEPT that ponlon thereof lying Westerly of N.W.Evergreen PerinNay.
ALSO MEET that portion thereof described in Deed to Standard Insurance Company recorded July 17,
19&as Fee N .850213973.
ALSO EXCEPT that portion thereof described In Deed to the City of illtaboro nleorded May 2.1995 as Fee
No.95030373 end re-rocortled September 20.1995 a3 Fee No 950671)94.
•
L PAGE 4-01 4 FA!..il:it 0_6_2
`4 /
Date: March 11, 2015
ugas
Project: Dominos Pizza Tenant Improvement
Address: 15989 SW 72nd Avenue Andrew Dugas
Tigard, OR 97224 100 East 19th Street-Suite 300
Vancouver,WA 98663
360.518.8243
Re: Minor Modification—Applicant's Statement DugasDesign @Hotmail.com
Narrative:
Dominos Pizza located at 15989 SW 72nd Avenue in Tigard, Oregon would like to expand into an adjacent
tenant space. The vacant space was formerly occupied by a convenience market, and designated as an
"M" occupancy. We are requesting your consideration for a change of use from "M" to "A2" for this
space. As a result of this change, an analysis of allocated parking spaces on-site must be considered, as
an A2 occupancy requires more parking spaces than an M occupancy.
Per Tigard Title 18 Community Development Code section 18.360.060,section B, item 2, we are required
to provide the code analysis below in regard to section 18.360.050. section B, item 3 "A change that
requires additional on-site parking in accordance with Chapter 18.765."
Code Analysis:
Per table 18.765.2, spaces designated as "General Retail" require 3 parking spaces per 1000 Sf floor
space. The existing "M" tenant space is 2,230 Sf, requiring 6.69 parking spaces. Converting this tenant
space to an "A2" occupancy would require 9 parking spaces per 1000 sf floor space, or 20.7 total spaces.
The existing Dominos "A2"tenant space is 1,175 Sf, requiring 10.58 parking spaces. The proposed
tenant improvement would yield a combined tenant space of 3,405 Sf, requiring a total of 30.65 parking
spaces, resulting in an increase of 13.38 parking spaces from existing conditions.
Per the attached parking calculation drawings, if this Minor Modification is approved, 346 total parking
spaces will be required, and 455 spaces are provided.
RECEIVED
MAR 12 2015
CITY OF TIGARD
PLANNING/ENGINEERING
Date: March 11, 2015
ugas
Project: Dominos Pizza Tenant Improvement
Address: 15989 SW 72nd Avenue Andrew Dugas
Tigard, OR 97224 100 East 19th Street-Suite 300
Vancouver,WA 98663
360.518.8243
Re: Minor Modification—Applicant's Statement DugasDesignc@Hotmall.com
Narrative:
Dominos Pizza located at 15989 SW 72nd Avenue in Tigard, Oregon would like to expand into an adjacent
tenant space. The vacant space was formerly occupied by a convenience market, and designated as an
"M" occupancy. We are requesting your consideration for a change of use from "M" to "A2" for this
space. As a result of this change, an analysis of allocated parking spaces on-site must be considered, as
an A2 occupancy requires more parking spaces than an M occupancy.
Per Tigard Title 18 Community Development Code section 18.360.060, section B, item 2, we are required
to provide the code analysis below in regard to section 18.360.050. section B, item 3 "A change that
requires additional on-site parking in accordance with Chapter 18.765."
Code Analysis:
Per table 18.765.2, spaces designated as"General Retail" require 3 parking spaces per 1000 Sf floor
space. The existing "M" tenant space is 2,230 Sf, requiring 6.69 parking spaces. Converting this tenant
space to an "A2" occupancy would require 9 parking spaces per 1000 sf floor space, or 20.7 total spaces.
The existing Dominos "A2" tenant space is 1,175 Sf, requiring 10.58 parking spaces. The proposed
tenant improvement would yield a combined tenant space of 3,405 Sf, requiring a total of 30.65 parking
spaces, resulting in an increase of 13.38 parking spaces from existing conditions.
Per the attached parking calculation drawings, if this Minor Modification is approved, 346 total parking
spaces will be required, and 455 spaces are provided.
RECEIVED
MAR 12 2015
CITY OF TIGARD
PLANNING/ENGINEERING
0 0 CITY OF TIGARD
z
W �w Approved by Planning
7 N <a Date: ..3-/ -/-S--
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AREA OF WORK -
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S.W.72ND AVE.
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S.W. 74TH AVE.
SHARED PARKING PLAN
NOT TO SCALE zED
PARKING CALCULATION:
BUILDING REQ.
SPACES
A 125 SPACES 1 Q
B 107 SPACES _Ac �p O�
C 33 SPACES C0 1`�'1V.,
D 81 SPACES �/I� �n .�
TOTAL REQUIRED 34 ACES Ul �1�
TOTAL PROVIDED 455 SPACES 10.-,F -
DOMINOS OREGON BUSINESS PARK III
BUILDING A (PTR#214)
15989 SW 72ND AVE.
PORTLAND,OR 97224
3/9/15
A PAC-TRUST PROPERTY
CITY OF TIGARD
Approved by Planning
Date: S-go'/C-
Initials: Ls
AREA OF WORK
DOMINOS
\\ /\
EATING&DRINKING EST.
3,405 SF
30.65 SPACES
72nd AVE SALON
PERSONAL SERVICE % IP
1,280 SF
3.20 SPACES
EZ AUCTION
SALES-ORIENTED
1,065 SF ` ,
3.20 SPACES
SIGNS NOW
PERSONAL SERVICE ‘\„ \ \* \ / /
1,365 SF � �/
3.41 SPACES ` i
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EL SOL DE MEXICO .
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EATING&DRINKING EST. t
1,965 SF //'
17.69 SPACES •
\ UBWAY
EATING&DRINKING EST.
1. (FAST FOOD)
�/ 1,310 SF
9.17 SPACES
TERIYAKI EXPRESS
EATING&DRINKING EST.
(FAST FOOD)
1,880 SF
13.16 SPACES
/
LEE'S ONE HOUR
MILLER PAINT GUITARFISH 4 PERSONAL SERVICE
SALES-ORIENTED SALES -ORIENTED 1,530 SF
4,742 SF 3,500 SF 3.83 SPACES
14.23 SPACES 10.50 SPACES
ill
BIKRAM YOGA
INDOOR ENTERTAINMENT
3,683 SF
15.84 SPACES
BUILDING A T ENA NT PLAN
NOT TO SCALE z\`
DOMINOS OREGON BUSINESS PARK III
BUILDING A (PTR#214)
159139 SW 72ND AVE.
PORTLAND,OR 97224
3/9/15
A PACTRUST PROPERTY
CITY OF TIGARD
Approved by Planning
Date: 3--/6--/E--
Initials: LS
I- .. ° . �.
I - �. - DR. TODD
M. . -1-- 1 4.. THISTLE
II MEDICAL/DENTAL OFFICE
1,521 SF
CALYPTE _ 1 5.93 SPACES
BIOMEDICAL F-i
OFFICE .�,
•4,741 SF
12.8 SPACES
I T
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TRUMAN CAPITAL . T-MOBILE
OFFICE 7,461 SF
1,4571 SF 20.14 SPACES
F9 -yri
3.93 SPACES I
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NAMIFY i`,1
OFFICE 975 SF 2.63 SPACES ',
WAREHOUSE 3,318 SF 1.66 SPACES --
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I. jif] : 4- - KNOUF INVESTMENTS
TRANE OFFICE 2,636 SF 7.12 SPACES
OFFICE 1,000 SF 2.70 SPACES - ! WAREHOUSE 3,086 SF 1.54 SPACES
WAREHOUSE 2,526 SF 1.26 SPACES 1
1 L.
.5 : : g.r 1
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L i --Ls LI I` . _ _
BUILDING B TENANT PLAN
NOT TO SCALE FIRST FLOOR ZEL'
DOMINOS OREGON BUSINESS PARK III
BUILDING B(PTR#215)
15875-95 SW 72ND AVE.
PORTLAND,OR 97224
3/9/15
CITY OF TIGARD
Approved by Planning
Date: ..5-1 to-/c
Initials: L_3
1
1
l
1
1
HAIR CLUB FOR MEN
MEDICAUDENTAL OFFICE
3,468 SF
1153 SPACES
li
HEALTH e PRACTICES
OFFICE
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5.47 SPACES
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OFFICE L
184 SF _I
•0.50 SPACES 1 Tn •
OREGON KIDNEY& ra Z � CIDA, INC.
HYPERTENSION CLINIC - OFFICE
j — 6,418 SF
' L i MEDICAL/DENTAL OFFICE l 17.33 SPACES
2,557 SF (L ,k
17.33 SPACES 11
II - I
Er IIIIII;�III
� J
BUILDING B TENANT PLAN
2
NOT TO SCALE SECOND FLOOR .
DOMINOS OREGON BUSINESS PARK III
BUILDING B(PTR#215)
15875-95 SW 72ND AVE.
PORTLAND,OR 97224
3/9/15
CITY
OF TiGARD
Approved by Planning
Date: 6"-� ���
Initials: �S
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CHEMWEST SYSTEMS, INC. VERIZON SELECT SERVICES
OFFICE 4,719 SF 12.74 SPACES OFFICE 4,273 SF 11.54 SPACES
WAREHOUSE 12,874 SF 6.44 SPACES WAREHOUSE 4,334 SF 2.17 SPACES
BUILDING C TENANT PLAN
NOT TO SCALE EpZ
DOMINOS OREGON BUSINESS PARK III
BUILDING C(PTR#216)
15845-65 SW 72ND AVE.
PORTLAND,OR 97224
3/9/15
CITY OF TIGARD
Approved by Planning
Date:
Initials: LS
•
SECOND FLOOR
tripF1
MAIM ES
•
GROUND FLOOR
WDI CO OF OREGON, INC. PRECISION PACKAGING, INC.
OFFICE 10,177 SF 27.48 SPACES OFFICE 3,645 SF 9.84 SPACES
WAREHOUSE 50,407 SF 25.20 SPACES WAREHOUSE 36,755 SF 18.38 SPACES
BUILDING D TENANT PLAN
zED
NOT TO SCALE
DOMINOS OREGON BUSINESS PARK III
BUILDING D (PTR#217)
7342-7380 S.W.KABLE LANE
PORTLAND,OR 97224
3/9/15
A PACTRUST PROPERTY