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MMD2015-00014
MMD2O15 - 00014 ASPEN FOR HEALTH NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2015-00014 :IN ASPEN FOR HEALTH T I G A R D 120 DAYS = August 13,2015 SECTION I. APPLICATION SUMMARY FILE NAME: Aspen for Health CASE NO.: Minor Modification (MMD) MMD2015-00014 PROPOSAL: The applicant is proposing a change of use to a tenant space in an existing commercial building at 9020 SW Washington Square Road, Suite 500. The space, approximately 1,336 square feet in size, is changing from an office use to a medical/dental office use,Aspen for Health. APPLICANT: Wyse Investment Services Company 1501 SW Taylor Street Suite 100 Portland,OR 97205 OWNER: WISCO Real Estate Equity Fund I LP 1501 SW Taylor Street Suite 100 Portland,OR 97205 LOCATION: 9020 SW Washington Square Road,Suite 500 WCTM 1S126BC,Tax Lot 1506 ZONING DESIGNATION: MUC: Mixed Use Commercial District. The MUC zoning district includes land around the Washington Square Mall and land immediately west of Highway 217. Primary uses permitted include office buildings, retail, and service uses. Also permitted are mixed-use developments and housing at densities of 50 units per acre. Larger buildings are encouraged in this area with parking under, behind or to the sides of buildings. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060.0 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. 111\11)2015-00014 I of 3 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 9020 SW Washington Square Road, Suite 500; north of SW Blum Road, south of SW Hall Boulevard, east of SW Scholls Ferry Road, and west of SW Eliander Lane. The subject property is an approximately 1,336 square foot tenant space within a larger commercial building. The approximately 2.08 acre development site is made up of one parcel, and contains one commercial building, one multi-level parking structure, one surface parking lot, and associated landscaping. In addition, the property has a reciprocal access easement with the adjacent property to the north (WCTM 1 S126BC,Tax Lot 1500).The site is located in the Washington Square Regional Center Plan District. Proposal Description: The applicant is proposing a change of use to a tenant space in an existing commercial building at 9020 SW Washington Square Road, Suite 500.The space,approximately 1,336 square feet in size,is changing from an office use to a medical/dental office use,Aspen for Health. 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 this review.The change of use is from an office use to a medical/dental office use,which will increase the minimum required off-street parking ratio from 2.7 spaces/1,000 square feet to 3.9 spaces/1,000 square feet (TDC Table 18.765.2). The 2.08 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 Footage Re3uired Required Spaces Required Office 111111111111111111ft 100% 213 Medical/Dental Office 7,788 30 85°/o 26 Staff finds that 239 parking spaces are required for the entire development site, taking into consideration the change of use discussed above.Staff reviewed the applicant's submitted site plan and joint parking use arrangement (TDC 18.765.030.C) with neighboring tax lot 1500 (recorded as a reciprocal access easement on July 30, 2002) to determine there is adequate parking with 249 total spaces provided. MM1)2015-00014 2 of 3 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 APRIL 16, 2015 AND BECOMES EFFECTIVE ON APRIL 17, 2015 1 Questions: If you have any questions,please contact Lina Smith at(503) 718-2438 or LinaCS(tigard-or.gov. --t - April 16.2015 APPROVED BY: Lina Smith Assistant Planner MM I)2015-U x)14 3 of 3 APPLICANT MATERIALS REC8VED , , APR 1 5 2015 City of Tigard CITY OF TIGARD q DEVELOPMENT PI ANINI",r.i7N'.'!NEERING e . COMMUNITY DEV ELOPMENT DEI AR'1 TENT 1111 . y = Minor Modification Type I .Application PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL Add of new tenant to the existing building- Dr. Queen for Health, ELEMENTS (dba Aspen for Health), a chiropractic clinic. Dr. Kimberly Queen is a sole practitioner and is relocating her office from Portland. This 53 Owner's Signature/Written application shows the existing parking on-site is adequate for "thurizac,nn existing tenants and the new tenant, Aspen For Health. ® Title Transfer Instrument or Deed ($1 Site Plan(2 large plans drawn to scale and one reduced to 8.5"x111/2') One Embassy Centre Applicant's Statement/Narrative Property address/location(s): (2 copies)Address criteria in: 9020 SW Washington Square Road, Suite 500; Tigard, Oregon 97223 TDC 18.360010.13.1-11 Tax map and tax lot #(s): 1S126BC01506; R2007147 ® Filing Fee $701 .00 Site size: 90.511 square feet 1'OR STAFF USE ONLY Applicant':Wyse Investment Services Company case Na:MM 02015_ 000141 Address: 1501 SW Taylor Street,Suite 100 Portland,Oregon 97205 Related Case No.(s): an Ciry/state: !a Zip: APPlicationFrc\ l 0, 07 Phone: f503-294-0400 Email: k earce @w seinvestment.con Application accepted: By: MP' Date: 4/I S/ 15 PROPERTY OWNER/DEED HOLDERS) 0 Same as Applicant Name:WISCO Real Estate Equity Fund I LP;dba,One Embassy Centre Application determined complete: Address: _ 1501 SW 'Taylor Street,Suite 100 By: LS 1/-4C-7-4S/kr— City/state: Portland,Oregon Zip: 97205 IAcuRVwV+tastersUana use npplcatioas Rev.11/24!1014 Contact name: Brian Thomas Phone number: 503-595-9688 • .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 IS.33U.020(1.3)(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 • 1312S SW Flail Blvd. • Tigard,Oregon 97223 • vwv.tigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as 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. SI GNATti RES of.each owner o the ibject property required. ysr nvestment,crvsccs ompan As its Managing Agent / ,( J.Brian Thomas,Sr VP 4/13/15 Applicant's signature Print name Date W1 O Real Estate Equity Fund 1 LP By:Wyse Investment Services Company �—. .f4='J•Brian Thomas,Sr.VP 4/13/15 itc(:eswral Putau 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 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County.Oregon 2002-0 52.! 00!0212002 08.34:41 AM V V l • o a o� � ? O 0.0W cnt■l ton•zt accaaoat $35.00 36.00 311.00$12,700.00•Told■31Z,7S•00 1111111 After recording return to and 1 1111HJJJJtWI [I1j 19 I Iuntil a change is requested, send tax statements to: 0 10070072 �\ i,J.rryNanaetiUineteratASnamonisndTSxAlsn t•.Wr and tit•Oflltb Comb Clark for Washington County, ,4ti�,:•,, �� do hen by csiny that the within Instrument of writing Wisco Real Estate Equity Fund I Limited Partnership Ali ncslved and recorded In the book of Heads of ,,r,;i:.�':` c/o Wyse Investment Services Company aid county. �1p�,aati. r� 200 SW Market Street,Suite 345 asrryRHanaor4(Water sseeamsnt eM Tusnsn, 6tiK B:-0Rr uo e.unry clak Portland,Oregon 97201 Attn: Joseph C.Sandahl STATUTORY SPECIAL WARRANTY DEED PORTLAND OFFICE ASSOCIATES,an Illinois general partnership("Grantor")conveys and specially warrants to WISCO REAL ESTATE EQUITY FUND I LIMITED PARTNERSHIP,an Oregon limited partnership("Grantee"),the real property located in Washington County,Oregon,legally described on the attached Exhibit A(the"Property"),free of encumbrances created or suffered by Grantor,except as set forth on the attached Exhibit B. The true and actual consideration for this conveyance is$12,700,000.00. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING AND ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUN"I'Y PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930. DATED: •, fk 002. PORTLAND OFFICE ASSOCIATES,an Illinois general partnership By: Nesbitt Partners Portland Office Venture,Ltd.,a California limited Partnership By: Patrick M,Nesbitt Associates,Inc.,its general partner By: d. 1...� Title: 1 C:\Windows\Ternpwrary Internet Files\Ol.KA2AlWeed.doc Portlnd l•2 r 1 3948.10077260-00006 4 ... . ..........r....... ..m.... ..,.........,-....................„„........,.......*.- ... - 010111111 2062-A521 t: State of Cekut ) )ss. County of igiSineW ) The foregoing instrument was acknowledged before me this day of 2002,by V. ,thcjf_fd,M of kt031,44 iligryX,•A on behalf of C Aejo0C-•te;;;fe.s. (Seal and Expiration Date) _ Oil& 4- .. . ...,. . • . . .. , ,,,,.,iidicrili-j1"1"1606 0 12. ...,... , =INA JAIOSEN'L04063ECHERi Notary u he j I itr5.t.:: Mow Publics-Ogrforria f *,. ."_,..-aip, •.Tat AneAs Crawly —no- MyCornm.Espies Isbv29,2113 1 ) 2 CAWindoweTcrnperary In te-met Fiks+OLKA2A1Ixd.doc Porthx11-21 I 3948.1 0077260.00006 111111111111111i I III 2802-88521 Revised Exhibit A PARCEL I; A tract of land located in the West half of Section 26, Township 1 South,Range 1 West,Willamette Meridian,in the City of Tigard,County of Washington and State of Oregon, being more particularly described as follows: Commencing at a point on the West line of that tract as described in Deed recorded in Book 865, Page 195, which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576,at Page 196 of said Deed Records;thence North 00°19'18`East 150.14 feet and North 88°21'33'West 46.01 feet; thence North 00°19'18"East 35.00 feet to the True Point of Beginning;thence from the true point of beginning North 88°21'33"West 580.99 feet to the intersection of a curve;thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32"to a point of tangency(the long chord of said curve bears North 21°49'03"East 123.41 feet); thence North 29°47'18"East 49.60 feet;thence South 89°28'57"East 511.22 feet; thence South 00°19'18"West 169.64 feet to the true point of beginning. PARCEL II: An easement as created by Document recorded December 27, 1985 as Recorder's Fee No.85051371,for Ingress and egress over the following described property commonly designated as Access Road No.1: A tract of land located in the West half of Section 26, Tovmship 1 South,Range 1 West,Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,being more particularly described as follows: Beginning at a point In the Easterly line of S.W.Scholls Ferry Road which point is located 30.00 feet left of State Highway Engineer's Station S.F.B. 16+39.68;thence South 21°13'23"West 105.00 feet; thence leaving S.W. Scholls Ferry Road,South 68M6'37"East 82.00 feet to a point of Curvature; thence 153.43 feet along the arc of a 95.00 foot radius curve to the right through a central angle of 98°33'56"(the long chord of which bears South 19°29'40"East 144.01 feet)to a point of tangency;thence South 29°47'18'West 183.33 feet to a point of curvature;thence 42.64 feet along the arc of a 30.00 feet radius curve to the right through a central angle of 81°26'05"(the long chord of which bears South 70°30'21"West 39.14 feet)to a point of tangency;thence North 68°46'37"West 84.75 feet to a point on said S.W. Scholls Ferry Road;thence South 19°56'18"West 57.63 feet: tierce South 88°32'13"East 45.77 fee'; thence South 34°52'00"East 46.58 feet;thence South 88°30'08"East 78.60 feet to the intersection of a curve; thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32"(the long chord of which bears North 21°49'03" East 123.41 feet)to a point of tangency; thence North 29°47'18"East 121.15 feet to a point of curvature;thence 223.64 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 98°33'55"(the tong chord of which bears North 19°29'40°West 197.06 feet)to a point of reverse curvature; thence 109.96 feet along the arc of a 70.00 foot radius curve to the right through a central angle of 90°00'00"(the long chord of which bears North 23°45'37"West 98.99 feet); thence North 68°46'37"West 12.00 feet to the point of beginning. PARCEL ill: An easement as created by Document recorded December 27, 1985 as Recorder's Fee No.85051370,for ingress and egress over the following described property commonly designated as Access Road No.2. A tract of land located In the West half of Secton 26,Township 1 South, Range 1 West,Willamette Meridian in the City of Tigard,County of Washington and State of Oregon,being more particularly described as follows: Commencing at a point on the East line of that tract as described in Deed recorded in Book 999, Page 398,which bears North 00°12'03"East 300.85 feet from the rnost Westerly Northwest corner of that certain tract of land described in Book 576, at Page 196,of said Deed Records;thence North 00°19'18°East.150.14 feet to the True Point of Beginning;thence North 88°21'33"West 46.01 feet; thence North 00°19'18"East 322.27 feet to a 5/8 inch iron rod;thence North 01°16'28"West 229.38 feet to a 5/8 inch iron rod on the Southerly line of S.W. Hall Page 11 of Preliminary Commitment Order Number: 02211817-W • gnINI11111 2002-88321 _ - i Boulevard,also being the intersection of a curve;thence along the Southerly line of said S.W.Hall Boulevard and 61.38 feet along the arc of a 924.93 foot radius curve to the right through a central angle of 03°48'08(the long chord of which bears South 48°13'53" East 61.37 feet)to a point of tangency;thence South 46°19'48"East 8.78 feet;thence leaving S.W. Hall Boulevard, South 00°19'18'West 505.97 feet to the true point of beginning. EXCEPTING THEREFROM those portions of said land as described in Donation Deeds to the State of Oregon, by and through its Department of Transportation, Highway Division,recorded July 25, 1988 as Recorder's Fee No. 88-32281 and August 25, 1989 as Recorder's Fee No.89-39678,which lie within the above described tract. PARCEL IV A sign easement as created by document recorded December 27, 1985 as Recorder's Fee No. 85051373 over the following described property: A tract of land situated In the Southwest quarter of Section 26,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 a point of intersection of the Easterly riget of way line of Beaverton-Tigard Freeway and the North line of that tract of land granted to Gust Olson by Deed recorded March 02, 1892 In book 33,Page 334,Deed Records of Washington County; thence North 19°19'29"East 14.23 feet;thence North 0°41'08"East 671.46 feet; thence Northeasterly along the arc of a tangent 500.00 foot radius curve to the right 129.18 feet through a central angle of 14°48'09';thence North 88°21'11"West 13.46 feet;thence North 34°47'25"West 46.50 feet;thence North 88°45'53"West 45.82 feet to a point on the East line of S.W.Scholls Ferry Road;thence North 19°56'09" East 57.62 feet to the True Point of Beginning;thence South 68°45'35'East 84.68 feet to a point of curvature; thence Northeasterly along the arc of a tangent 30.00 foot radius curve to the left 42,64 feet through a central angle of 81°26'05";thence tangent to said curve North 29°48'20"East 183.33 feet to a point of curvature;thence Northwesterly along the arc of a tangent a 95.00 foot radius curve to the left 163,43 feet through a central angle of 98°33'55"; thence tangent to said curve North 68°45'35"West 82.00 feet to a point on the East line of S.W. Scholls Ferry Road;thence Southwesterly along the East line of S.W. Schoils Ferry Road to the true point of beginning. PARCEL V: A Reciprocal access easement for parking, ingress and egress ove-the land described therein pursuant to the terms and provisions thereof as granted in that certain amended and restated reciprocal access easement agreement recorded July 30,2002 as Recorder's Fee No.2002086867. PARCEL VI: An easement for building restriction as created by document recorded June 07, 1991 as Recorder's Fee No. 91029764 over the following described property: A tract of land located in the West half of Section 26,Townships, South, Range 1 West,Wilemette Meridian, in the City of Tigard,County of Washington and Slate of Oregon,being more particularly described as follows: Commencing at a point on the West line of that tract as described in Deed recorded in Book 865, Page 195, Which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576, Page 196 of said Deed Records;thence North 00°19'18'East 354.78 feet;thence North 88°21'33"West 46.01 feet; thence North 89°28'57"West 127.97 feet to the True Point of Beginning;thence continuing North 89°28'57"West 164.70 feet;thence North 01°38'27"East 10.11 feet; thence South 88°21'33" East 184.57 feet; thence South 01°38'27"West 6.88 feet to the true point of beginning. Page 12 o'Pre iminary Convr*nent Order Number 02211817-W • WrarhinytonCounty,Oregon • 07/30/2002 02:21:38 PM 2002.086867 a! Cnt■1 Itis7 K ORUNOWALD 143.00ILA0:11.00 •Tctd•t112.00 ;Nal& Iry 700 11111111111111111111110 1 I/1 I 1e l ��.• � /)1 fnd Et-0HICfO e0utty Cl+rh for YJehM on C "Li• `'V aonfneycnarythettnawtaMln.t °a ourny, y �+ncal r+d and ^+mant of wMtln +do coin ncor0ad in tha Do k W ncorda o/� � ''?'�'4f< {fQf''1 When recorded return to: 'i:°� , F✓ Je."Y R.Hinson,okoctor ID.'runt sod Tantlen, y Er�M• t'"u7 Clnk Bradley S. miller Ball Janik LLP 101 SW Main Street, Suite 1 100 Portland, Oregon 97204 AMENDED AND RESTATED RECIPROCAL ACCESS EASEMENT THIS AMENDED AND RESTATED) RECIPROCAL ACCESS EASEMENT (this "Easement Agreement")is made as of the 2Y day of _, 2002,by and between PORTLAND OFFICE ASSOCIATES,an Illinois general partnership("Office Owner"),and PORTLAND HOTEL ASSOCIATES, an Illinois general partnership ("Hotel Owner"). Office Owner is the owner of certain real property more particularly described on the attached Exhibit A(the "Office Property"). Hotel Owner is the owner of certain real property more particularly described on the attached Exhibit B (the"Hotel Property"). The owners of the Office Property and the Hotel Property are each sometimes hereinafter referred to as an "Owner" or the "Owners." The Office Property and the Hotel Property are encumbered by that certain Reciprocal Parking and Ingress and Egress Easement Agreement dated December 20, 1985 and recorded in the Official Records of Washington County, Oregon on December 27, 1985 as Fee Nos. 85051374 and 85051375,as modified by a document dated December 13, 1989 and recorded in the Official Records of Washington County, Oregon on January 3, 1990 as Fee No. 90-00345 (the "Original Easement"). Office Owner and Hotel Owner desire to amend,restate, and supersede the Original Easement as hereinafter set forth. NOW,THEREFORE, Office Owner and Hotel Owner agree as follows: 1. Amendment and Restatement. The Original Easement is amended,restated,and superseded as provided herein. 2. Easements. Office Owner and Hotel Owner hereby grant to the Owners and their respective Authorized Users an irrevocable non-exclusive perpetual reciprocal easement for vehicular parking and vehicular and pedestrian ingress,egress, and access to, from,over and across those portions of the Hotel Property and the Office Property that are now used for parking and vehicular and pedestrian ingress and access. As used in this Easement Agreement, an "Authorized User"refers to an Owner's tenants, franchisees, subtenants and concessionaires,and 1 C:My Documents Oary2107400_3.DOC Portlnd 1.2107400.3 0099995-00001 11111111111111111 11 2002-813667 each of their respective agents,employees, consultants, officers, contractors, suppliers,patrons, customers, guests and invitees. Nothing contained herein shall entitle Office Owner or Hotel Owner to require the payment of any consideration with respect to vehicular parking or otherwise restrict or limit vehicular parking or access (including,without limitation, the construction of barriers) without the prior written consent of both Owners (which consent may be withheld in each Owner's sole discretion). Each Owner shall cooperate with the other Owner to maximize the utilization of parking on the parking areas on the Hotel Property and Office Property, including,without limitation, cooperation with respect to temporary and permanent directional sign use. No Owner shall take any actions that would reduce the number of parking spaces on its property;provided that the foregoing shall not prohibit the temporary reduction of parking spaces to accommodate repairs to the Hotel Property or the Office Property,nor the sale of portions of the Hotel Property or Office Property into an entity with the power of eminent domain under the threat of condemnation,nor make a party liable to the other for takings resulting from the exercise of the power of eminent domain. 3. Repair and Maintenance. Each Owner shall maintain,repair, replace and reconstruct, as may be appropriate,the parking areas and drive aisles on such Owner's property in a first class standard,including,without limitation,the following: (a) Maintain,repair and replace the paved surfaces of the parking areas and drive aisles such that those surfaces are smooth and evenly covered with the type of surfacing materials originally installed on them,or such substitute surfacing as shall be in all respects equal to the original surfacing materials in quality,appearance and durability; (b) Remove all papers, debris, filth,refuse, snow and ice from the parking areas and drive aisles and wash or thoroughly sweep paved areas of the parking areas and drive aisles as reasonably required; (c) Maintain such appropriate directional signs,markers and lights as reasonably required; (d) Repair and repaint striping,markers,directional signs and all other similar markings as necessary; and (e) Provide not less than thirty(30)days'prior written notice to the other Owner before commencement of non-emergency repairs. 4. Negligence or Willful Misconduct. Notwithstanding anything to the contrary contained herein,if any maintenance or repair is necessary or prudent due to the negligence or willful misconduct of an Owner or such Owner's Authorized Users, such Owner shall be responsible for all of the costs of such repair and maintenance. 5. Indemnification. Each Owner hereby indemnifies,protects, defends and saves the other Owner harmless for, from and against any and all liability, damage,expense,causes of action, suits, claims, or judgments arising from personal injury, death, or property damage and occurring on or from the parking areas and drive aisles to the extent caused by the negligence or willful misconduct of the indemnifying Owner or its Authorized Users. 2 C:'My Docwnents\Gsry2 V 07400_3.DOC Portlnd1-2107400.3 0099999-00001 • : 11111111111M 2002-86867 6. Insurance. Each Owner shall procure and maintain in full force and effect general public liability insurance and property damage insurance,on an occurrence basis,against claims for personal injury, death or property damage,such insurance to afford protection to a combined single limit of not less than$1,000,000.00. Each Owner shall provide the other Owners with certificates of such insurance from time to time upon written request to evidence that insurance is in force. Such insurance shall provide that the same may not be canceled without ten(10)days' prior written notice to the other Owners and shall name the other Owners as additional insureds. 7. Release from Liability. Any person or entity acquiring fee or leasehold title to the Office Property or the Hotel Property or any portion thereof,shall be bound by this Easement Agreement only as to the tract or portion of the tract acquired by such person. In addition,such person or entity shall be bound by this Easement Agreement only during the period such person or entity is the fee or leasehold owner of such tract or portion of the tract,except as to obligations,liabilities or responsibilities that accrue during said period. Although persons or entities may be released under this paragraph,the easements,covenants and restrictions in this Easement Agreement shall continue to be benefits and servitudes upon said tracts running with the land. 8. Rights of Successors. The easements,restrictions,benefits and obligations hereunder shall create mutual benefits and servitudes running with the land and shall bind and inure to the benefit of the Owners of the Hotel Property and the Office Property,their respective heirs, representatives,lessees,successors and assigns. The singular number includes the plural and the masculine gender includes the feminine and neuter. 9. Modification and Cancellation. This Easement Agreement(including exhibits)may . be modified or canceled only by written agreement signed by the Owner of the Hotel Property and the Office Property or their successors in interest. 10.Headings. The headings herein are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of this Easement Agreement nor in any way affect the terns and provisions hereof. 11.Attorneys'Fee. In the event a suit,action,arbitration,or other proceeding of any nature whatsoever,including,without limitation,any proceeding under the US Bankruptcy Code, is instituted,the prevailing party shall be entitled to recover from the losing party,in addition to all other amounts provided by law,its reasonable attorneys',paralegals',accountants',and other experts'fees and all other fees,costs,and expenses actually incurred and reasonably necessary in connection therewith(collectively, "Attorneys'Fees")as determined by the judge or arbitrator, including fees and expenses incurred on any appeal or review. 12. Entire Agreement/Severability. This Easement Agreement constitutes the entire agreement, and this Easement Agreement once executed and delivered shall not be modified or altered in any respect except by a writing executed and delivered in the same manner as required by this document.Invalidation of any provision of this Easement Agreement, in whole or in part, or of any application of a provision of this Easement Agreement,by judgment or court order shall in no way affect other provisions or applications. 3 C:'My Documcnis Oary2107400 3.DOC Port)ndl-2)07400.3 0099999-00001 2002-85867 IN WITNESS WHEREOF,the undersigned have executed this Easement Agreement the day and year first written above. PORTLAND OFFICE ASSOCIATES, an Illinois general partnership By Nesbitt Partners Portland Office Venture, Ltd., a California limited partnership By Patrick M.Nesbitt Associates,Inc. Its General 'artner By: 11 0 ..1 4 . .✓ ary D. Gray Its: Vice P -sident PORTLAND HOTEL ASSOCIATES,an Illinois general partnershi yi By: Nesbitlry, tners Portland Venture, Ltd. By 4-vA k Nesbitt Associates-; Inc. By: 7 _ Mich.el D. yan . Title: CFO / Er State of ) )ss. County of ) The foregoing instrument was acknowled:ed before me this 22 day of dr 1~ ,2002,b ' /,,,/,.,j,, P : al.. ,the , r... . of APR. .ii •A 4A J . on .ehalfof I r l i n .-�i ) 4 c(a e , (Seal and Expiration Date) xa,ruNu .RosarioecttE I%.antit .. // • ' lC _ ":y Commission f 3240531 No ary . .lic W <; t Mk.Ctautomta[ ���oG � cas e jsArgef county 4/ rr�rccr:vnresr�v�, //n q _ ,,V4:,;:::4 ,e t 1-� t-Q 2 4 C:\My Documents 1Gary2107400_3.DOC Partindl-2107400.3 0099999-00001 2002-66867 State of Atikinta ) f��N J_ )ss. County of t� lG ) The foregoing instrume t was acknowledged before me this 22 da of t � 2UQ2 b y // ./ L(.li ,the ,''� G "" of behalf of L���.� //. :n,t , s (Seal and Expiration Date) ~KATRIfIA J.ROS1T7 O CHER 4GI�4 W 1i •la +y Commissionit 12=0531 Notary •ubll 1 •{ No tary Pubs rc. Caumt. d f . �Anj±'z_C3/2' 3 '�aU(��� : . eve_ -__.. Lt�3-9_n3 5 CAM DocumenU\Gury2107400_3 DOC Portind1•21074003 0099999-00001 1111111111 11 I 2002-86867 EXHIBIT A Office Property PARCEL I A tract of land over a portion of the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County, Oregon;being more particularly described as follows: Commencing at a point on the west line of that tract as described in Deed recorded in Book 865, Page 195,which bears North 00°12'03" East 300.85 feet from the most Westerly northwest corner of that certain tract of land described in Book 576,at Page 196 of said Deed Records; thence North 00°19'18"East 150.14 feet and North 88°21'33"West 46.01 feet;thence North 00°19'18" East 35.00 feet to the TRUE POINT OF BEGINNING;thence from the TRUE POINT OF BEGINNING North 88°21'33"West 580.99 feet to the intersection of a curve; thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32"to a point of tangency(the Long chord of said curve bears North 21°49'03" East 123.41 feet);thence North 29°47' 18"East 49.60 feet;thence South 89°28'57" East 511.22 feet; thence South 00°19'18"West 169.64 feet to the TRUE POINT OF BEGINNING. PARCEL II(ACCESS ROAD NO. 1) An easement for ingress and egress over the following described property: A tract of land located in the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County, Oregon;being more particularly described as follows: Beginning at a point in the easterly line of SW Scholls Ferry Road which point is located 30.00 feet left of State Highway Engineer's Station S.F.B. 16+39.68;thence South 21° 13'23"West 105.00 feet;thence leaving SW Scholls Ferry Road, South 68°46'37"East 82.00 feet to a point of curvature;thence 163.43 feet along the arc of a 95.00 foot radius curve to the right through a central angle of 98°33'56" (the long chord of which bears South 19°29'40" East 144.0I feet)to a point of tangency; thence South 29°47' 18"West 183.33 feet to a point of curvature;thence 42.64 feet along the arc of a 30.00 feet radius curve to the right through a central angle of 81°26' 05" (the long chord of which bears South 70°30'21"West 39.14 feet)to a point of tangency; thence North 68°46'37" West 84.75 feet to a point on said SW Scholls Ferry Road;thence South 19°56' 18"West 57.63 feet;thence South 88°32' 13" East 45.77 feet;thence South 34° 52'00"East 46.58 feet; thence South 88°30'08"East 78.60 feet to the intersection of a curve; thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56' 32" (the long chord of which bears North 21°49'03"East 123.41 feet)to a point of tangency;thence North 29°47' 18"East 121.15 feet to a point of curvature; thence 223.64 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 98°33'55" (the long chord of which bears North 19°29'40"West 197.06 feet)to a point of reverse curvature; thence 109.96 feet along the arc of a 70.00 foot radius curve to the right through a central angle of 90°00' 00" (the long chord of which bears North 23°46'37" West 98.99 feet);thence North 68°46'37" West 12.00 feet to the point of beginning. 1 ::ODMAIPCDOCSWORTLAND129752T,1 . PARCEL HI(ACCESS ROAD NO. 2) An easement for ingress and egress over the following described property: A tract of land over a portion of the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County,Oregon,being more particularly described as follows: Commencing at the point on the east line of that tract as described in Deed Recorded in Book 999,Page 398,which bears North 00° 12'03" East 300.85 feet from the most Westerly northwest corner of that certain tract of land described in Book 576,at Page 196,of said deed records; thence North 00° 19' 18" East 150.14 feet to the true point of beginning;thence North 88°21' 33"West 46.01 feet;thence North 00° 19' 18"East 322.27 feet to a 5/8 inch iron rod;thence North 01° 16'28"West 229.38 feet to a 5/8 inch iron rod on the southerly line of SW Hall Blvd., also being the intersection of a curve;thence along the southerly line of said SW Hall Blvd. and 61.38 feet along the arc of a 924.93 foot radius curve to the right through a central angle of 03° 48'08" (the long chord of which bears South 48° 13'53" East 61.37 feet)to a point of tangency; thence South 46° 19'48" East 8.78 feet;thence leaving SW Hall Blvd.,South 00° 19' 18"West 505.97 feet to the true point of beginning. EXCEPTING THEREFROM those portions of said land as described in Donation Deeds to the State of Oregon by and through its Department of Transportation,Highway Division. 11111111111111111 Il III 2 .:ODMATCDOCS\PORTI AND 1297527U 2002-41447 ;. 2002-88857 EXHIBIT B Hotel Property PARCEL 1: A tract of land over a portion of the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County,Oregon,being more particularly described as follows: Commencing at a point on the West line of that tract as described in deed recorded in Book 865, Page 195,which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576 at Page 196 of said deed records; thence North 00°19'18"East 354.78 feet and North 88°21'33"West 46.01 feet to the true point of beginning; thence North 89°28'57"West 51 1.23 feet;thence North 29°47'18"East 71.55 feet to a point of curvature;thence 105.00 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 46°16'33"(the long chord of which bears North 06°39'01" East 102.17 feet)thence leaving said curve and a radius bearing North 73°30'45"East 121.14 feet;thence North 32°53'32"East 300.00 feet to the intersection of S.W.Hall Blvd.(County Road No. 1165) being 45.00 feet from the centerline of said S.W.Hall Blvd.;thence along the Southerly line of said S.W. Hall Blvd. South 56°48'17"East 102.37 feet to a point of curvature;thence 120.69 feet along the arc of a 909.93 foot radius curve to the right through a central angle of 07°36'58"(the long chord of which bears South 52°59'48"East 120.60 feet); thence leaving said S.W. Hall Blvd., South 01°1628" East 209.33 feet;thence South 00°19'18"West 117.63 feet to the true point of beginning. EXCEPTING THEREFROM that portion of said land as described in Donation Deed to the State of Oregon,by and through its Department of Transportation,Highway Division,recorded on August 25, 1989 as Recorder's Fee No. 89-39678,which lies within the above described tract. PARCEL II: A tract of land over a portion of the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian, Washington County,Oregon,being more particularly described as follows: Commencing at a point on the West line of that tract as described in deed recorded in Book 865, Page 195,which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576, Page 196,of said deed records; thence North 009 9'18"East 656.11 feet to the Southerly line of S.W. Hall Blvd. (County Road No. 1165); thence along the Southerly line of S.W.Hall Blvd.as follows:North 46°19'50"West 8.78 feet to a point of curvature;thence 169.09 feet along the arc of a 924.93 foot radius curve to the left through a central angle of 10°28'27"(the long chord of which bears North 51°34'03"West 168.85 feet)to a point of tangency;thence North 56°48'17"West 102.37 feet;thence South 32°53'32"West 15.00 feet to the true point of beginning;thence continuing from the true point of beginning along the Southerly line of said S.W.Hall Blvd.,North 56°48'17" West 177.00 feet; thence leaving said S.W. Hall Blvd.,South 32°53'32"West 342.17 feet to the intersection of a 150.00 foot radius curve; thence 17.04 feet along the arc of said 150.00 foot radius curve to the left through a central angle of 06°30'27" (the long chord of which bears North 65°31'34"West 3 ::0DMAIPCDOCS■1'OKTLANQA29752711 17.03 feet)to a point of reverse curvature;thence 78.54 feet along the arc of a 50.00 foot radius curve to the right through a central angle of 90°00'00"(the long chord of which bears North 23°46'37"West 70.71 feet);thence North 68°46'37"West 12.00 feet;thence South 21°13'23" West 32.80 feet to the intersection of a 70.00 foot radius curve;thence 75.16 feet along the arc of said 70.00 foot radius curve to the left through a central angle of 62°20'22"(the long chord of which bears South 37°36'26"East 72.46 feet)to a point of reverse curvature;thence 118.64 feet along the arc of a 130.00 foot radius curve to the right through a central angle of 52°17'22"(the long chord of which bears South 42°37'56"East 114.57 feet);thence leaving said curve radially North 73°30'45" East 121.14 feet;thence North 32°53'32" East 300.00 feet to the true point of beginning. EXCEPTING THEREFROM that portion of said land as described in Donation Deed to the State of Oregon,by and through its Department of Transportation,Highway Division,recorded on August 25, 1989 as Recorder's Fee No. 89-39678,which lies within the above described tract. PARCEL III(ACCESS ROAD NO. 1) An easement as created by document recorded December 27, 1985 as Recorder's Fee No. 85051371,for ingress and egress over the following described property: A tract of land located in the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County,Oregon,being more particularly described as follows: Beginning at a point in the Easterly line of S.W. Scholls Ferry Road which point is located 30.00 feet left of State Highway Engineer's Station S.F.B. 16+39.68;thence South 21°13'23"West 105.00 feet;thence leaving S.W. Scholls Ferry Road,South 68°46'37"East 82.00 feet to a point of curvature;thence 163.43 feet along the arc of a 95.00 foot radius curve to the right through a central angle of 98°33'56" (the long chord of which bears South 19°29'40"East 144.01 feet)to a point of tangency; thence South 29°47'18"West 183.33 feet to a point of curvature;thence 42.64 feet along the arc of a 30.00 foot radius curve to the right through a central angle of 81°26'05" (the long chord of which bears South 70°30'21" West 39.14 feet)to a point of tangency;thence North 68°46'37"West 84.75 feet to a point on said S.W. Scholls Ferry Road;thence South 19°56'18"West 57.63 feet;thence South 88°32'13" East 45.77 feet;thence South 34°52'00" East 46,58 feet;thence South 88°30'08" East 78.60 feet to the intersection of a curve;thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32" (the long chord of which bears North 21°49'03" East 123.41 feet)to a point of tangency;thence North 29°47'18"East 121.15 feet to a point of curvature;thence 223.64 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 98°33'55"(the long chord of which bears North 19°29'40"West 197.06 feet)to a point of reverse curvature;thence 109.96 feet along the arc of a 70.00 foot radius curve to the right through a central angle of 90°00'00"(the long chord of which bears North 23'46'37"West 98.99 feet); thence North 68°46'37"West 12.00 feet to the point of beginning. PARCEL IV: (ACCESS ROAD NO. 2) An easement as created by document recorded December 27, 1985 as Recorder's Fee No. 85051370, for ingress and egress over the following described property: I111 1111111111111111010 4 ::oDMATCDOCSTORTUND\297527%1 2002-86867 2002-86857 A tract of land over a portion of the West half of Section 26,Township 1 South,Range I West, Willamette Meridian,Washington County, Oregon,being more particularly described as follows: Commencing at a point on the East line of that tract as described in Deed recorded in Book 999, Page 398,which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576,at Page 196 of said deed records; thence North 00°19'18"East 150.14 feet to the true point of beginning;thence North 88°21'33" West 46.01 feet; thence North 00°19'18"East 322.27 feet to a 5/8 inch iron rod; thence North 01°16'28"West 229.38 feet to a 5/8 inch iron rod on the Southerly line of S.W.Hall Blvd.,also being the intersection of curve;thence along the Southerly line of said S.W.Hall Blvd. and 61.38 feet along the arc of a 924.93 foot radius curve to the right through a central angle of 03°48'08" (the long chord of which bears South 48°13'53"East 61.37 feet)to a point of tangency; thence South 46°19'48"East 8.78 feet;thence leaving S.W. Hall Blvd.,South 00°19'18"West 505.97 feet to the true point of beginning EXCEPTING THEREFROM those portions of said land as described in Donation Deeds to the State of Oregon,by and through its Department of Transportation,Highway Division,Recorded July 25, 1988 as Recorder's Fee No.88-32281 and August 25, 1989 as Recorder's Fee No. 89- 39678,which lie within the above described tract. 5 :•ODMAIPCDOCS\PORTLAND129752711 P•eifte *7ure 11111111111 I 11111 D aoZ.l 18/ 74,0 2002-851167 1454 When recorded return to: 7 I Bradley S. Miller Ball Janik LLP 101 SW Main Street, Suite 1 100 Portland,Oregon 97204 ACCESS ROAD COST SHARING AGREEMENT THIS ACCESS ROAD COST SHARING AGREEMENT(this"Agreement")is made as of the );1 day of 2002,by and between PORTLAND OFFICE ASSOCIATES, an Illinois general p ershi ("Office Owner")and PORTLAND HOTEL ASSOCIATES,an Illinois general partnership("Hotel Owner"). Hotel Owner and Office Owner are successors in interest of Nesbitt Partners Portland Venture,Ltd.("Nesbitt"). PPR Washington Square,LLC, a Delaware limited liability company ("PPR")is the successor in interest of Square Land Company,Ltd.("Square Land"),Winmar Pacific,Inc. ("Winmar")and Washington Square,Inc. ("Washington Square").Nesbitt, Square Land,Winmar and Washington Square are parties to that certain Access Road Maintenance Agreement dated as of July 18, 1987 and recorded in the Official Records of Washington County on December 8, 1987 as Fee No. 87060164(the"Access Road Maintenance Agreement"), as amended by the Modification of Access Road Maintenance Agreement dated July 12, 1989, and recorded in the Official Records of Washington County as Fee No. 8935019. The portion of the property formerly owned by Nesbitt more particularly described on Exhibit A(the"Office Property")has been developed by Nesbitt as an office building and is owned by Office Owner. The portion of the property owned by Nesbitt more particularly described on Exhibit B (the "Hotel Property")has been developed by Nesbitt as a hotel and is owned by Hotel Owner. The parties hereto desire to enter into an Access Road Cost Sharing Agreement in order to set forth the respective financial obligations of the Office Owner and Hotel Owner under the Access Road Maintenance Agreement. NOW,THEREFORE,parties hereto agree as follows: 1. Defined Terms. All capitalized terms set forth in this Agreement not defined in this Agreement shall have the meanings given to such terms in the Access Road Maintenance Agreement. 2. Cost Sharing Agreement. The owner of the Hotel Property shall be responsible for the payment of sixty-seven percent(67%)of all amounts due and payable by Nesbitt accruing from and after the date of this Agreement under the Access Road Maintenance Agreement,and 1C:AOL WCG 6.OWownloadk 266008v7-ACCESSROADCOSTSI NGAGREEML'-NT the owner of the Office Property shall be responsible for the payment of thirty-three percent (33%)of all amounts due and payable by Nesbitt accruing from and after the date of this Agreement under the Access Road Maintenance Agreement. The owner of the Hotel Property and owner of the Office Property shall each be independently responsible for payment of its respective applicable share of the amounts billed by Agent on account of the Office Property and Hotel Property, and each owner shall make its respective payments owed under this Agreement directly to Agent,as provided in Sectiorl yof the Access Road Maintenance Agreement. If Agent is not willing to provide separate invoices to Office Owner and Hotel Owner,then upon receipt of any invoice for payment from Agent,the party receiving the invoice shall promptly forward a copy of such invoice to the other party(unless it is clear from the invoice that the other party has received the invoice directly from Agent). it, 6' 3. Indemnity. From and after the date hereof,Office Owner hereby agrees to defend, indemnify and hold harmless Hotel Owner from and against any claim,liability,loss,damage or expense(including,without limitation,reasonable attorneys' fees)arising out of or related to Office Owner's failure to timely pay any amounts owed by Office Owner under this Agreement. From and after the date hereof, Hotel Owner hereby agrees to defend,indemnify and hold harmless Office Owner from and against any claim,liability,loss,damage or expense (including, without limitation,reasonable attorneys' fees)arising out of or related to Hotel Owner's failure to timely pay any amounts owed by Hotel Owner under this Agreement. 4. Miscellaneous. a. The parties acknowledge the Access Road Maintenance Agreement remains in full force and effect in accordance with its terms. b. This Agreement shall run with Hotel Property and the Office Property,and be binding upon and inure to the benefit of the parties and their respective successors and assigns. c. If any legal proceeding(including any bankruptcy proceeding)is brought to enforce or interpret this Agreement, the prevailing party in such proceeding shall be entitled to recover its reasonable attorney fees,both at trial and on appeal. d. This Agreement may be executed by one or more the parties hereto in any number of separate counterparts,all of which counterparts taken together shall be deemed to constitute one and the same instrument. e. This Agreement shall be governed by,and construed and interpreted in accordance with,the laws of the State of Oregon. [SIGNATURES ON FOLLOWING PAGE] 2C:AOL WCG 6.0VdowntoadV9 266008v7-ACCESSROADCOSTSHARINGAGREEMENT 2002-84887 2002-88887 i IN WITNESS WHEREOF,the parties have caused this Agreement to be executed and delivered as of the date first above written. PORTLAND OFFICE ASSOCIATES, an Illinois general partnership By: Nesbitt Partners Portland Office Venture,Ltd., a California limited Partnership By: Patrick M.Nesbitt Associates,Inc.,its general partner By: gar-1 Title: V ,c c -Wes ok A PORTLAND HOTEL ASSOCIATES,an Illinois general partnership By: Nesbitt Partners Portland Venture, Ltd.,a California limited Partnership By: Patrick M.Nesbitt Associates,Inc.,its general partner By: YJ Title: reskdc+i*. [NOTARY BLOCKS ON FOLLOWING PAGE] 3C:1AOL WCG 6.01downloadW2664D8v7-ACCESSROADCOSTSHARINGAGRCEMENT • 11111111111111111111 _ 2802-86807 State of (i.1tthr EC ) )ss. County of ) e foregoing instrument - as acknowledged before me this 2 , da o /T. 2002,by l 4l. fp, 1 • ,the I" i QS/( If I : l,il . . ! .A.J ':—• _,oft be alf of ra S Mg AM—X.—Late-3 (Seal and Expiration Date) ,) r. 7 .. .- �tl xniRit�ll J.ROSB�tI O:CH�t 1� . r l ; al f. . , Commission#1240531 IICC -! NototyPubic-California E N. Pudic \. . boa Angeles County ki `�.1 myC,c.rm.ETf-^zsRbv2.nn03� L-".r.—, ✓ti.ry r•'r�.,• State of (DA ) )ss. County of ) he foregoing instrume was acknowled:ed before me this Up day of Al J 200 by Ti A I ,the ICt f 17-‘7..51 l "Iriarillik ' `i. in AZ!! • be alf of 52i0711 NAM •/fScr-l2.3 (Seal and Expiration Date) i� I !4N n Kcal/k.)_— (a.., KATRU4A J.ROSENLOECHER``. No-: u.lic r:.`; Carruntssion#1240631 P,'.. 2, •: No1ory Public-Conran-a `J��� `� tr:Angei_ as C ounty 5l MOrTI. No aly . t 703 4C:1AOL WCG 6.01downbadW266008v7-ACCPSSROADCOSTSHARINGAGREEMENT • EXHIBIT A Office Property, PARCEL I(PHASE III) A tract of land over a portion of the West half of Section 26,Township l South,Range 1 West, Willamette Meridian,Washington County,Oregon; being more particularly described as follows: Commencing at a point on the west line of that tract as described in Deed recorded in Book 865, Page 195,which bears North 00°12'03"East 300.85 feet from the most Westerly northwest corner of that certain tract of land described in Book 576,at Page 196 of said Deed Records; thence North 00°1.9'18"East 150.14 feet and North 88°21'33"West 46.01 feet;thence North 00°19'18"East 35.00 feet to the TRUE POINT OF BEGINNING;thence from the TRUE POINT OF BEGINNING North 88°21'33" West 580.99 feet to the intersection of a curve;thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32" to a point of tangency(the Long chord of said curve bears North 21°49'03"East 123.41 feet); thence North 29°4T 18" East 49.60 feet;thence South 89°28'57"East 511.22 feet; thence South 00°19'18"West 169.64 feet to the TRUE POINT OF BEGINNING. PARCEL Il (ACCESS ROAD NO. 1) An easement for ingress and egress over the following described property: A tract of land located in the West half of Section 26,Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon;being more particularly described as follows: Beginning at a point in the easterly line of SW Scholls Ferry Road which point is located 30.00 feet left of State Highway Engineer's Station S.F.B. 16+39.68;thence South 21° 13'23" West 105.00 feet;thence leaving SW Scholls Ferry Road, South 68°46'37"East 82.00 feet to a point of curvature;thence 163.43 feet along the are of a 95.00 foot radius curve to the right through a central angle of 98°33' 56"(the long chord of which bears South 19°29'40"East 144.01 feet)to a point of tangency;thence South 29°47' 18" West 183.33 feet to a point of curvature;thence 42.64 feet along the arc of a 30.00 feet radius curve to the right through a central angle of 81° 26' 05"(the long chord of which bears South 70°30'21"West 39.14 feet)to a pointof tangency; thence North 68°46'37" West 84.75 feet to a point on said SW Scholls Ferry Road;thence South 19°56' 18" West 57.63 feet;thence South 88° 32' 13" East 45.77 feet;thence South 34° 52'00" East 46.58 feet; thence South 88°30' 08"East 78.60 feet to the intersection of a curve;thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15° 56'32"(the long chord of which bears North 21°49' 03"East 123.41 feet)to a point of tangency; thence North 29°47' 18"East 121.15 feet to a point of curvature;thence 223.64 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 98° 33'55" (the long chord of which bears North 19°29'40" West 197.06 feet)to a point of reverse curvature;thence 109.96 feet along the arc of a 70.00 foot radius curve to the right through a central angle of 90° 00' 00" (the long chord of which bears North 23°46' 37"West 98.99 feet);thence North 68°46'37" West 12.00 feet to the point of beginning. 1111111111111 111111 1CMOL WCG 6.01downloadVi 266008v7-ACC4SSROADCOS1 SHARINGAGREEMENT 2002.86887 PARCEL III(ACCESS ROAD NO.2) 2"2.45867 An easement for ingress and egress over the following described property: A tract of land over a portion of the West half of Section 26,Township I South,Range 1 West, Willamette Meridian,Washington County,Oregon, being more particularly described as follows: Commencing at the point on the east line of that tract as described in Deed Recorded in Book 999,Page 398,which bears North 00° 12'03"East 300.85 feet from the most Westerly northwest corner of that certain tract of land described in Book 576,at Page 196, of said deed records; thence North 00° 19' 18" East 150.14 feet to the true point of beginning;thence North 88°21'33" West 46.01 feet;thence North 00° 19' 18"East 322,27 feet to a 518 inch iron rod;thence North 01° 16'28" West 229.38 feet to a 5/8 inch iron rod on the southerly line of SW Hall Blvd., also being the intersection of a curve;thence along the southerly line of said SW Hall Blvd. and 61.3R feet along the arc of a 924.93 foot radius curve to the right through a central angle of 03°48'08" (the long chord of which bears South 48° 13'53" East 61.37 feet)to a point of tangency;thence South 46° 19'48"East 8.78 feet;thence leaving SW Hall Blvd.,South 00° 19' 18" West 505.97 feet to the true point of beginning. EXCEPTING THEREFROM those portions of said land as described in Donation Deeds to the State of Oregon by and through its Department of Transportation,Highway Division. 2c.v oL WCG 6.0+down(oaa#266008v7-ACCESSROADCOSTSHARFNGAGREEMENT 2002-86867 EXHIBIT B Hotel Property PARCEL l: A tract of land over a portion of the West half of Section 26,Township l South,Range 1 West, Willamette Meridian,Washington County,Oregon,being more particularly described as follows: Commencing at a point on the West line of that tract as described in deed recorded in Book 865, Page 195,which bears North 00°12'03" East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576 at Page 196 of said deed records; thence North 00°19'18" East 354.78 feet and North 88°21'33" West 46.01 feet to the true point of beginning;thence North 89°28'57" West 511.23 feet; thence North 29°47'18"East 71.55 feet to a point of curvature;thence 105.00 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 46°16'33"(the long chord of which bears North 06°39'01"East 102.17 feet)thence leaving said curve and a radius bearing North 73°30'45"East 121.14 feet;thence North 32°53'32" East 300.00 feet to the intersection of S.W.Hall Blvd.(County Road No. 1165) being 45.00 feet from the centerline of said S.W. Hall Blvd.;thence along the Southerly line of said S.W.Hall Blvd. South 56°48'17"East 102.37 feet to a point of curvature;thence 120.69 feet along the arc of a 909.93 foot radius curve to the right through a central angle of 07°36'58"(the long chord of which bears South 52°59'48" East 120.60 feet);thence leaving said S.W.Hall Blvd., South 01°1628" East 209.33 feet;thence South 00°19'18"West 117.63 feet to the true point of beginning. EXCEPTING THEREFROM that portion of said land as described in Donation Deed to the State of Oregon,by and through its Department of Transportation,Highway Division,recorded on August 25, 1989 as Recorder's Fee No.89-39678,which lies within the above described tract. PARCEL II: A tract of land over a portion of the West half of Section 26,Township 1 South, Range 1 West, Willamette Meridian, Washington County, Oregon,being more particularly described as follows: Commencing at a point on the West line of that tract as described in deed recorded in Book 865, Page 195, which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576, Page 196,of said deed records;thence North 00°19'18" East 656.11 feet to the Southerly line of S.W.Halt Blvd.(County Road No. 1165);thence along the Southerly line of S.W. Hall Blvd.as follows:North 46°19'50" West 8.78 feet to a point of curvature;thence 169.09 feet along the arc of a 924.93 foot radius curve to the left through a central angle of 10°28'27"(the long chord of which bears North 51°34'03" West 168.85 feet)to a point of tangency;thence North 56°48'17"West 102.37 feet;thence South 32°53'32" West 15.00 feet to the true point of beginning;thence continuing from the true point of beginning along the Southerly line of said S.W. Hall Blvd.,North 56°48'17"West 177.00 feet; thence leaving said S.W.Hall Blvd.,South 32°53'32"West 342.17 feet to the intersection of a 150.00 foot radius curve; thence 17.04 feet along the arc of said 150.00 foot radius curve to the 1C:MOL WCG 6.01downbadV1266008v7-ACCESSROAUCOSTSI-[ARINGAGREEMENr 2002-58857 left through a central angle of 06°30'27"(the long chord of which bears North 65°3P34" West 17.03 feet)to a point of reverse curvature;thence 78.54 feet along the arc of a 50.00 foot radius curve to the right through a central angle of 90°00'00"(the long chord of which bears North 23°46'37"West 70.71 feet);thence North 68°46'37" West 12.00 feet;thence South 21°13'23" West 32.80 feet to the intersection of a 70.00 foot radius curve;thence 75.16 feet along the arc of said 70.00 foot radius curve to the left through a central angle of 62°20'22"(the long chord of which bears South 37°36'26" East 72.46 feet)to a point of reverse curvature;thence 118.64 feet along the arc of a 130.00 foot radius curve to the right through a central angle of 52°17'22"(the long chord of which bears South 42°37'56"East 114.57 feet);thence leaving said curve radially North 73°30'45"East 121.14 feet;thence North 32°53'32" East 300.00 feet to the true point of beginning. EXCEPTING THEREFROM that portion of said land as described in Donation Deed to the State of Oregon,by and through its Department of Transportation,Highway Division,recorded on August 25, 1989 as Recorder's Fee No.89-39678,which lies within the above described tract. PARCEL III(ACCESS ROAD NO. 1) An easement as created by document recorded December 27, 1985 as Recorder's Fee No. 85051371,for ingress and egress over the following described property: A tract of land located in the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian, Washington County, Oregon,being more particularly described as follows: Beginning at a point in the Easterly line of S.W. Scholls Ferry Road which point is located 30.00 - feet left of State Highway Engineer's Station S.F.B. 16+39.68;thence South 21°13'23" West 105.00 feet;thence leaving S.W. Scholls Ferry Road,South 68°46'37"East 82.00 feet to a point of curvature; thence 163.43 feet along the am of a 95.00 foot radius curve to the right through a central angle of 98°33'56" (the long chord of which bears South 19°29'40"East 144.01 feet)to a point of tangency;thence South 29°4718"West 183.33 feet to a point of curvature;thence 42.64 feet along the arc of a 30.00 foot radius curve to the right through a central angle of 81°26'05" (the long chord of which bears South 70°30'21"West 39.14 feet)to a point of tangency;thence North 68°46'37" West 84.75 feet to a point on said S.W. Scholls Ferry Road; thence South 19°56'18"West 57.63 feet;thence South 88°32'13"East 45.77 feet;thence South 34°52'00"East 46.58 feet;thence South 88°30'08"East 78.60 feet to the intersection of a curve;thence 123.82 feet along the arc of a 445.00 foot radius curve to the right through a central angle of 15°56'32" (the long chord of which bears North 21°49'03"East 123.41 feet)to a point of tangency;thence North 29°4718"East 121.15 feet to a point of curvature;thence 223.64 feet along the arc of a 130.00 foot radius curve to the left through a central angle of 98°33'55" (the long chord of which bears North 19°29'40" West 197.06 feet)to a point of reverse curvature;thence 109.96 feet along the arc of a 70.00 foot radius curve to the right through a central angle of 90°00'00" (the long chord of which bears North 23'46'37"West 98.99 feet);thence North 68°46'37"West 12.00 feet to the point of beginning. 2C:\AOL WCG 6.0'■downl°ad\%266008v7•ACCESSROADCOSTSHARINUAGREEMENT ■ PARCEL IV: (ACCESS ROAD NO.2) An easement as created by document recorded December 27, 1985 as Recorder's Fee No. 85051370,for ingress and egress over the following described property: A tract of land over a portion of the West half of Section 26,Township 1 South,Range 1 West, Willamette Meridian,Washington County,Oregon,being more particularly described as follows: Commencing at a point on the East line of that tract as described in Deed recorded in Book 999, Page 398, which bears North 00°12'03"East 300.85 feet from the most Westerly Northwest corner of that certain tract of land described in Book 576,at Pagc 196 of said deed records; thence North 00°1911g" East 150.14 feet to the true point of beginning;thence North 88°21'33" West 46.01 feet;thence North 00°19'18" East 322.27 feet to a 5/8 inch iron rod;thence North 01°16'28"West 229.38 feet to a 5/8 inch iron rod on the Southerly line of S.W. Hall Blvd.,also being the intersection of curve;thence along the Southerly line of said S.W. Hall Blvd.and 61.38 feet along the arc of a 924.93 foot radius curve to the right through a central angle of 03°48'08" (the long chord of which bears South 48°13'53"East 61.37 feet)to a point of tangency;thence South 46°19'48" East 8.78 feet;thence leaving S.W.Hall Blvd., South 00°19'18" Wcst 505.97 feet to the true point of beginning EXCEPTING THEREFROM those portions of said land as described in Donation Deeds to the State of Oregon, by and through its Department of Transportation,Highway Division,Recorded July 25, 1988 as Recorder's Fee No. 88-32281 and August 25, 1989 as Recorder's Fee No. 89- 39678,which lie within the above described tract. 11111111111 RIP 3CAAOL WCG 6.0tidownbsdW266008v7•ACCESSROADCOSTSHARINGAGRFEMENT 2002-86817 55 BOTTOM LEVEL 65 SECOND LEVEL PARKING PARKING STRUCTURE SPACES STRUCTURE SPACES IA Q -/J�yf� •• TAIN.G AN '•• • SECV.�rf1fS • .'4d a METES a.K•INtll / Ij/ ••• 14/I664A6E • •• 1/Vn.OG4VGL j3 i' eS1eGlUA1AlUAp WOE ff •RffUAf iA.feW f/A(FS •♦ `:.j hV ' d• 1;11e • eJn •�i LI ilk' s 0 -Z ''''''',.......s..,, • H-Filtil+1+1 — ,• _ 1-1-1+1-MI-1-1 ..4," • • V ' ... • c •. _ •,• •,•*•-•.•.•.•.'•,• 1 wormy MAP-"ottoscw• •Q 0 C 1 :'s I i I21 RECIPROCAL ""v"°""`"'"'a" ° PARKING SPACES _` ""° � •. •...,. >. r .111.3.y, I I ...W4-iD`PI'/U yt ral Mb ra a f»'N all. > / N.v.,....,�,...r. ••p"•`+ 1 • I 111,1wro..°1• u,...euti...AU Ce U 3g ° •.v xu uVI '''X 3 3 ew.Sff06..ef.•.•.∎•.• •' 1 1 .+.,s%.s..,, ��,..an F o.'Y if f�1 i' • •.• • ' �i iiS'Isutr ' ivy--; y•�`-e--.»^ • •6.•♦ 1 �.L Ili - — •� / 'fA ,/ •i• I • .., .f ec..wc.WAR. _. r • yt a op 1.1 L BNB II II � 12101— Q u- `r I m v •m t ,_ IAGFAU ...:......001. 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E. /.www•cw•-•awry•c.., • • DESIGN WITH INTEGRITY PLANNING DESIGN INTERIORS ARCHITECTURE 720 NW Davis 503.221.112140 Suite 300 503.221.20771 Portland OR 97209 www.lrsarchitects.com April 15, 2014 Director of Planning City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 RE: Type I Application for a Minor Modification One Embassy Centre 9020 SW Washington Square Road,Tigard,Oregon 97223 Tax Map: R2007147 APPLICANT Wyse Investment Services APPLICANT'S NARRATIVE&STATEMENT The applicant,Wyse Investment Services Company, is a real estate investment advisor in Portland that offers property management services. The applicant manages and is general partner for One Embassy Centre located at 9020 SW Washington Square Road in Tigard,Oregon. The S-story building is leased to existing commercial office businesses. The applicant proposes to lease a 1,336 RSF suite within this building to Dr. Kimberly Queen, a sole practitioner of a chiropractic clinic, dba Aspen for Health. Dr. Queen is relocating her office from Portland. The existing site provides adequate off-street parking for the existing offices and the small number of client parking projected for the lease to a medical office,Aspen for Health. Therefore, no exterior changes are proposed to the existing building,site, parking, landscape, driveways,vehicle circulation,sidewalks,etc. The existing landscaping around the site and parking lot exceeds current minimum code requirements. No existing trees,shrubs or ground cover will be removed.The proposed operation will not generate noise or waste beyond the levels already permitted for a typical office establishment,and no hazardous materials will be delivered or shipped from this site. The following summary shows that the proposed change of use meets all the criterion set forth in Section 18.360.050(B)of the Tigard Development Code to allow a Minor Modification to be approved. Lrs ARCHITECTS DESIGN WITH INTEGRITY LRS ARCHITECTS SUMMARY OF TIGARD DEVELOPMENT CODE FOR A MINOR MODIFICATION Section 18.360.050(B) 1. An increase in dwelling unit density, or lot coverage for residential development. This proposal is for an existing commercial development and does not include residential,therefore,this criterion does not apply. 2. A change in the ratio or number of different types of dwelling units.This proposal does not include residential,therefore,this criterion does not apply. 3. A change that requires additional on-site parking in accordance with Chapter 18.765.The existing building, as indicated on the Site Plan provides 228 parking spaces.The existing building also has a reciprocal access easement with the neighboring hotel, Embassy Suites, providing additional 21 parking spaces for a total of 249 parking spaces. This proposal does not change the amount of parking spaces required or to be used. See calculations below. Required Off-Street Parking and Loading Requirements TABLE 18.765.2 USE AUTOS BICYCLE LOADING(18.765.080) Medical/Dental 3.9/1,000 0.4/1,000 0 Office: Office: 2.7/1,000 0.5/1,000 0 PROPOSED PARKING for USE AREA AUTO CALC BICYCLE CALC LOADING Medical/Dental 1,336 SF (3.0)x(1.336)=4.008 (0.4)x(1.336)=0.53 (0.0)x(1.336)=0 Office: Office Area: 85,370 SF (2.7)x(85.37)= 230.5 (0.5)x(85.37)=42.685 (0.0)x(8.5370)= 0 86,706 SF 234.508,or,235 43.215,or,44 0 Provided: 249 44 0 Therefore Complies 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code.This proposal does not change the construction classification of the structure as per the Building Code. 5. An increase in the height of the building(s)by more than 20%.This proposal does not change the height of the existing buildings;therefore this criterion does not apply. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. This proposal does not change the existing conditions for site access, parking and circulation; therefore this criterion does not apply. -2- • DESIGN WITH INTEGRITY LRS ARCHITECTS 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day.As indicated in the table below,the proposed tenant will generate an expected amount of 8 vehicles per day.Therefore,the proposed use will not generate an increase in traffic of more than 100 vehicles per day. WEEKLY TRAFFIC SCHEDULE for Aspen For Health DAY HOURS AUTOS Mon thru Thurs 8:30 AM to 5:00 PM 8 Friday CLOSED 0 Sat CLOSED 0 Sun CLOSED 0 8. An increase in the floor area proposed for a nonresidential use by more than 10%excluding expansions under 5,000 square feet.This proposal does not increase the size (square feet or footprint) of the existing building;therefore,this criterion does not apply. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%. This proposal for change of use does not change to existing open space on the site in any form; therefore,this criterion does not apply. 10. A reduction of project amenities(recreational facilities,screening,landscaping)below the minimum established by this code or by more than 10%where specified in the site plan.This proposal does not change the existing site amenities or landscape as previously approved,therefore,this criterion does not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of paragraphs 1 through 10 of this subsection. This proposal does not change any conditions of use on the site that were approved by previously development review. Respectfully submitted by: LRS Architects, Inc. Anne Bedney Attachments: Minor Modification-Type I Application Deed Reciprocal Access Easement Site Plan/Land Title Survey Tenant List File: 215121/318 cc: Brian Thomas,Wyse Investment Kathi Pearce,Wyse Investment -3- Business Name & Description Suite Number Square Footage Landmark Health 100 3,976 Medical Care & Insurance Provider ServerLogic Corporation 120 6,006 Computer Hosting Services Oregon Association of Broadcasters 140 1,274 An Association State Farm Insurance Companies 150 1,123 State Farm Insurance Agent Pioneer Design Group, Inc. 170 3,790 Structural Engineers Dairy Queen of the Pacific NW 200 1,080 Pacific NW Corporate Office The Thales Group, Tax & Wealth Man. 210 1,245 Financial Planners NINPRO a division of SWBC 220 7,334 Computer Hosting Services LoanStar Home Loans, LLC 230i250 6,617 Mortgage Company Aerotek, Inc. 300 10,269 Employment Agency LoanStar Home Loans, LLC 350/390 8,238 Mortgage Company Renesas Electronics America Inc. 400 3,663 Electronic Sales Mutual of Omaha 405 2,026 Insurance Company MacDonald Environmental Planning 410 1.198 Envorinmental Engineering Services Insphere Insurance Solutions 420 1,996 Health Insurance Provider TW Morgan- Farmers Insurance 430 784 Farmers Insurance Agent River City Group, Inc. 450 4,351 Travel Agency Bjorklund & Montplaisir 460 3,558 Accountants Dr. Queen for Health 500 1,336 Chiropractor SFA Design Group, Inc. 505 4,094 Structural Engineers VACANT 550 2,070 Zevez Corporation 555 3,587 Credit Card Services Law Offices of Gress & Clark 560 4,615 Lawyers Scott L. Barry, DMD. PC 570 2,476 Endodontist • • • 55 BOTTOM LEVEL 65 SECOND LEVEL PARKING PARKING CITY �� TIGARD STRUCTURE SPACES STRUCTURE SPACES Approved by Planning Date: 1/-/7=/6--a.' //f1��`��� • • EOTiOR11E�ct •!• • • • MEMO IE\4l •• •♦ p!^ yI ' I • (�_•/OaTOE f[G1•�:K•PA10E(✓/ % I IAFY.+NG GARAGE P • • IAF ING GANA.GE "i Ii- - n 1(J • ES FfGtVa PARKING.' 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