MMD2014-00023 MMD2O14 - 00023
PANERA BREAD
V
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2014-00023 III
PANERA BREAD TIGARD
120 DAYS = 1/23/2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Panera Bread
CASE NO.: Minor Modification (MMD) MMD2014-00023
PROPOSAL: The proposed minor modifications to existing development would allow an eating
and drinking establishment to occupy a tenant space within Building "C" of
Washington Square Too. The space, approximately 4,503 square feet in size, is
changing from a sales-oriented retail use to an eating and drinking establishment.
APPLICANT: Panera,LLC
3630 S Geyer Road, Suite 100
Sunset Hills, MO 63127
OWNER: PPR Square Too, LLC
PO Box 847
Carlsbad, CA 92108
LOCATIONS: 10230 SW Washington Square Road
WCTM 1 S135BA,Tax Lot 00102
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.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
MMD2014-00023 PANERA BREAD Page 1 of 3
f
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 10230 SW Washington Square Road, Building "C"; west of Greenburg Road
and bound by Washington Square Road on the other three sides. The building is part of Washington
Square II, which is part of the Washington Square Mall. The site is approximately eight acres and
contains three buildings with a variety of retail sales uses and site improvements that include
landscaping and associated parking lots. The entire Washington Square Mall project is 6,803 parking
spaces.
Proposal Description:
The proposed minor modifications to existing development would allow a new eating and drinking
establishment, Panera Bread. The space, approximately 4,503 square feet in size is changing from a
sales-oriented retail use to an eating and drinking establishment. The proposal includes the removal of
two parking spaces to accommodate an outdoor seating area. The patio area will be protected by a 30"
decorative wall integrated with seating and planters. Changes to the building are all interior, no exterior
changes to the building are proposed.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
The proposed change in use requires a Minor Modification to approved plans or existing
development. 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: The primary issues with commercial changes such as these have to do
with parking. Upon review of the proposal's plans and narrative, staff finds
that in accordance with TDC 18.765, the proposed use does not require
additional parking.
The required parking for the uses on this site is calculated into the overall
parking for the Washington Square Mall. In accordance with Chapter 18.765
Off-street parking and loading requirements, eating and drinking establishments are
calculated at a higher standard (7.0/1,000 sq. ft.) than sales-oriented retail uses
(3.0/1,000). Therefore, an additional 4.0/1,000,which is a difference of the two
requirements, is required to be provided (a total of 18 spaces). Overall, the
development currently has 6,803 off-street parking spaces and the existing uses
require a total of 3,592 spaces, a surplus of 3,209 spaces. As demonstrated
above, the proposal has sufficient off-street parking and additional parking is
not required.
All other applicable requirements of this title are satisfied. This includes but is
not limited to building height, setbacks, and landscaping requirements. This
criterion is met.
2. The modification is not a major modification.
MMD2014-00023 P,ANI?R.A BREAD I) Page 2 of 3
V
FINDING: Staff finds that the changes listed in TDC18.360.050.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 SEPTEMBER 29, 2014.
AND BECOMES EFFECTIVE ON SEPTEMBER 30, 2014.
Questions:
If you have any questions, please call Agnes Kowacz at the City of Tigard Planning Division, Tigard
City Hall, 13125 SW Hall Boulevard,Tigard,Oregon at (503) 639-4171.
4(okw September 29,2014
APPROVED BY: A es Kowacz DATE
Associate Planner
503-718-2427
agneska,tigard-or.gov
N1AIl)2ol4-00023 I'.Ay'I(R.A BR'..A1) Pa1c 3 Ot 3
APPLICANT
MATERIALS
n City of Tigard
In
Minor Modification — Type I Application
TIGARD
GENERAL INFORMATION
Property a rty e Roads/Location(s): 10230 SW Washington
55 In addition, the Director must find that the proposed
Tax Map 1S13513A change is in compliance with all applicable requirements of
Tax Ma
pTax Lot 102 this review, the Applicant's proposal must include a
Site Size: +1-4,503 sf discussion indicating how the site expansion/change will
Panera, LLU continue to comply with the maximum setback, building
Applicant*:363u S. Geyer Roaa,Suite 1 W height, P arkin g. and landscaping
standards. Other
Address:
requirements of this title such as clear vision, solid waste
Sunset Mills, MO 63127
City/State: Zip: storage, non-conforming situations, signs, and tree
Primary Contact: John Sturges removal may also he applicable depending on the type and
Phone: (714)966-9400 Fax: (949)258-5655 location of the proposed modifications.
I Mail: rsi.johns@gmail.com
Property Owner/Deed Holder(s)*:
(Attach list if more than one)
Macerich
401 Wlsitlre Blvd., Suite 700 REQUIRED SUBMITTAL ELEMENTS
Address: Phone:(310)394-6000 (Applications will not be accepted
City/State: Santa Monica,CA Zip: 9oau3 (A PP ted without the
P
P: following required submittal elements)
* When the owner and the applicant are different people, the ❑ Application Form
applicant must be the purchaser of record or a lessee in ❑ Owner's Signature/Written Authorization
possession with written authorization from the owner or an ❑ Title Transfer Instrument or Deed
agent of the owner. The owner(s) must sign this application
in the space provided on the back of this form or submit a ❑ Site Plan(4 Large Plans&One—Reduced to 8'/z"x 11")
written authorization with this application. ❑ Applicant's Statement/Narrative(4 copies)
❑ Filing Fee
Minor Modifications:
Minor Modifications arc processed for permitted uses and
conditional uses. To review a modification as a Minor
Modification, the Director must first find that the expansion
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY
Review or Section 18.330.020(13)(2)—Conditional Use. If the
Case No.(s): AI�JAn����00a�3
modification exceeds the maximum allowed under any one or
more of the criteria,a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit. t 7o/
Fee: j' _
Applicant's Statement: Receipt No.: 7 rf J
The applicant's statement must include a summary of the Date: "/ 1/ /I/
proposed changes. Criteria in either 18.360.050(B) or
18.330.020(B)(2) must be addressed with a detailed response Application Accepted By:
to each criterion. Failure to provide the information needed Date Determined Complete: 25'
to process the application would be reason to consider an Rc„acd:6/24/2013
application incomplete and delay review of the proposal. i[\ct'RPLx\Maaen\l. ,d tsc Applications\Mlinor Aiodd¢atx,n.tiocx
City of Tigard j 13125 SW[fall Blvd.,Tigard,OR 97223 I 503-718-2421 I www.tigard-or.gov I Page 1 of 2
N.
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
(Detailed Submittal Requirement Information sheets can be obtained,upon request,for all types of Land Use Applications.)
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 site plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,and 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.
DATED this 2 Sts'
dad of 4\14V ,20 i 4 6
II
Owner' Signature Owner's Signature
'ifcw4ts 04wogw
Owner's Signature Owner's Signature
Owner's Signature Owner's Signature
City of Tigard I 13125 SW Hall Blvd.,Tigard,OR 97223 I 503-639-4171 I www.tigard-or.gov I Page 2 of 2
■
10230 SW Washington Square Road
APPLICANT'S STATEMENT
Panera,LLC
This Minor Modification — Type I Application is being filed in support of a proposed
change of use from a retail bookstore to a fast-casual Panera Bread restaurant at 10230
SW Washington Square Road.The former retail bookstore is being demised into multiple
retail/commercial suites. Panera Bread will occupy +/- 4,503 of approximately 16,161
square feet of the former bookstore. Additionally, Panera Bread may utilize a small
portion of the outdoor space for a patio dining area for its customers.
The new use and associated tenant improvements will not impact the site's compliance
with Title 18 of the Tigard Development Code, nor will it impact existing setbacks,
building height,or landscaping other than to add some landscaping around the patio area.
The shopping center has more than enough available parking to accommodate the
restaurant use. The proposed modifications will, in fact, remove two stalls from the
parking lot. Exterior modifications will be completed as part of the property owner's
scope of work and will come in under a separate submittal from Panera Bread's
submittal.
The restaurant use is a permitted use in the MUC/Washington Square zone, so the proper
review will be conducted under Part 18.360.050(B):
1.An increase in dwelling unit density,or lot coverage for residential development;
Not applicable —the proposed change is from one commercial use to another.
2.A change in the ratio or number of different types of dwelling units;
Not applicable — no dwelling units are a part of this project.
3. A change that requires additional on-site parking in accordance with Chapter
18.765;
No additional on-site parking will need to be added for this project. There is no increase
in square footage, and based on the pre-application conference comments from Planning,
the shopping center has ample parking available to accommodate the proposed use. The
modifications will actually remove two parking stalls from the lot.
4. A change in the type of commercial or industrial structures as defined by the
Uniform Building Code;
There will be no change to the type of the existing structure.
5.An increase in the height of the building(s) by more than 20%;
There are no proposed changes to the building height.
1
• 7
10230 SW Washington Square Road
6. A change in the type and location of access ways and parking areas where off-site
traffic would be affected;
There are no proposed changes to the type and location of access ways. The modification
to the parking area removes two stalls and expands the patio area. This will not affect
off-site traffic.
7.An increase in vehicular traffic to and from the site and the increase can be expected
to exceed 100 vehicles per day;
The project would not increase vehicular traffic to and from the site in excess of 100
vehicles per day. The overall use fits into the general category if ITE 820— Shopping
Center,for which the anticipated trip generation would be 576 PM peak hour trips. This
is more than the more detailed calculated trip generation (tenant-by-tenant) of 448 trips.
While there are some restaurants with a higher trip generation rate,these comprise about
26% of the available space,and are balanced out by lower trip generation rates for the
rest of the site. As the tenant-by-tenant calculated trip generation of 448 trips is less than
the calculated general trip generation rate of 576 trips,one can conclude that the trip
generation of the proposed tenant mix is within the range of what would be reasonably
expected for this type of development.
Please see the email from Senior Project Engineer Mike McCarthy,attached hereto as
Exhibit A.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
There is no such proposed increase in floor area proposed as a part of this project.
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%;
The project will not reduce open space area.
10. A reduction of project amenities below the minimum established by this code or by
more than 10% where specified in the site plan:
a.Recreational facilities;
b.Screening; and/or
c. Landscaping provisions.
No such reduction of any of the listed amenities is proposed as a part of this project. The
modifications will actually add landscape area around the patio.
2
-.
10230 SW Washington Square Road
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.
No such modification is proposed.
Therefore, because the modification does not invoke a major modification under the
criteria enumerated in 18.360.050(B), the change of use is a minor modification
reviewable under 18.360.060.
3
GENERAL NOTES: BAKERY CAFE.
I. A.Nal OWL CONM1 Mm M NEISA WI NO #1828
No.wm Di 012 CT'N1,I 410 Mx 00100 •
- - .
t INC M 0000.mMIMCIM 5,0.N01T 1112 OMARMIEL,
I Cr MI 0.CONTRACTOR N NAM 1014 .
? nl COa0AL00,910 MWACT M00a lNMn125 A
�S.MOU'1CN0 NO CONIQLON MOMS FOR Au M19�Ido■XYO�,IL,
3 �D NP O A
wDENN .N
• S COMM WI 11..•1110..61.!00 M 0•10
I l!Elba.MONA CONNNC,a A 1110110E 100
0 OOnw COMMITa A 1107 0000 116=mom
MNa A Ma.ALSO MONDE WN10A16 016 curs NO
. 0001N MN10ua•Dill 1X110014 K110 40 NA
• It—_ __..,--........_____Li3 , •„
• , (:).COS MO OPOMOM AS 1110010110 NN SR Nall A
ADJACENT 112a11Nm.
TENANT
KEYED NOTES: NaDNm�OMN601
M.NMI
IIf11r=" = / Q...............
6 1116 a 0701111100.s 4 INTO 10-4111 rNAS MESS
TO M 10M-2.•A 1001 Onaa111ur X11101401 1100
ADEVr WO MK 0
ADJACENT Q 1000106 01 1111110 10 1010.
TENANT I 4 0X0 07CO M1 III 111.(1.1LWSN)
1 Q le.IOo NO
My 1M60NNE w lawn.
( L O 0700 1.1100X01 A ROAM
::::y:r`:::i:' 00N I -■ c
:...... O E,O11a NDNNVa WIN A 1olO. g
..I.... / § ON044100041
'x•70 SOW mQY y
C , -- I ® ,Q Mae 100 MAL.MN 660160 WALL SEAMS 1100.. 1 ff
wwNo
k PANERA CAF 1 • ® O ®ca�xTM lm R1x sM Roox NO a 511
ADJACENT 4,502 S.F.
TENANT 1 __t_9l k O MOM MAID M000M■
I�,I 1 1 1 1 1 ` § N0NO0* 1-0:.1 3 M is owaM N■M6o A 1oMw
!!E ;L�� 1100100 am Pal M.
�1 —® � — :'I• ,O, noslw Na MUM 01.1. PERMIT SET
7_;..
(a 1> ' • � I® O 000 WOO Mp01 A ORNL 0/14.1 PO SWAM
VVV �/�V// ygIIR ly0{
L ® .sue mJ
m E
It
•
PANERA . : %
BREAD ••-'-""- ]MEET NO
�
SW WASHINGTON A-1.0
'
b SITE PLAN-NEW CONSTRUCTION . ""°"'°'
E MS
STATE OP OREGON
County of Washington
Amos-
mint Jerry r;. •,�,� r• •r of Atuee-
mint for , to County
the wl ,' i�*� � . +1 ��•lv d
and • •.., `t. rig. • • of
county,.•* '�. .a 41�3 said
1kt 4e;
rector of
ai1Ed S •. akxatfon,Ex-
Doa t 99021500
•
Beet: 226382 20131.00
03/22/1999 01t08$248
1 -• / 9
Alter recording return to: Grantors WINMAR OREGON,INC.
James H. Kinney
10 • O'Melvony&Myers LLP Grantees PPR SQUARE TOO LW
r 1999 Avenue of the Stars
q Los Angeles,California 900674035
BARGAIN AND SALE DEED
WINMAR OREGON,INC.,an Oregon corporation,Grantor,conveys to PPR
SQUARE TOO LLC,a Delaware limited liability company,Grantee,the real property
described in Schedule A hereto,excepting therefrom the matters identified on Schedule B
attached hereto and made a pact hereof
The true consideration for this transfer is 520,000,000.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATION& BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DATED this L-day of February, 1999.
,..�,.:.:. r' WASIONITON cowry
Ica weaSiff?' araaMa • WINMAR OREGON.
INC.
an Oregon corporation
ash-. 1
NO ?� PAID . CATE �" ■�
By: cr,9�v
Eddie L.Hendriicson
Vice President
Thom . •ar ewitz
Seer-- -
Unless a change is requested, all tax statements shall be sent to Grantee at the following
address:
PPR SQUARE TOO LLC
do The Macerich Company
401 Wilshire Boulevard
Suite 700
Santa Monica,California 90401
Attention: General Counsel
SQUARE TOO DIURO MOB 1
(00381-0031/S8990390.2031 (EXECUTION COPYI
STATE OF WASHINGTON)
)as.
COUNTY OF KIN G )
On this t a,: day of February. 1999,before me,the undersigned,a Notary Public in
and for the State of Washington,duly commissioned and sworn,personally appeared Eddie L.
Hendrikson,to me known to he the person who signed as Vice President of Winmar Oregon,
Inc.,the corporation that executed the within and foregoing instrument,and acknowledged
said instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned,and on oath stated that Eddie L.Hendrikson was duly elected,
qualified and acting as said officer of the corporation,that Eddie L.Hendrikson was
authorized to execute said instrument and that the seal affixed,'fairy,is the corporate seal of
said corporation.
• IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
(Sign of No
vtn Bain
...•.%%%%% (Pt , or stamp a of Notary)
SASV '�,�
7;>sl 'big}"�.A, '., NOTARY PUBLIC in and f the State
• S',� ' of Washington,residing at�' �,(.C*
C• v s My Appointment Expires: 5I?8/oo
1 .%%%a;Na
',, OP rypaN�
SQUARE 100 DEBD PAGE!2
t0039&0035/SS99o390.20S1 taXECUTION cowl
1
as
eat
2 STATE OF WASHINGTON)
)u.
COUNTY OF KING )
On this j1 day of February, 1999,before me,the undersigned,a Notary Public in
and for the State of Washington,duly commissioned and sworn, personally appeared Thomas
A.Berkowitz,to me known to be the person who signed as Secretary of Wlnmar Oregon,
Inc.,the corporation that executed the within and foregoing instrument,and acknowledged
said instrument to be the free and voluntary act and deed of said corporation for the uses and
purposes therein mentioned,and on oath stated that Thomas A.Berkowitz was duly elected,
qualified and acting as said officer of the corporation,that Thomas A.Baricewitz was
authorized to execute said instrument and that the seal affixed,if any,is the corporate seal of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and
year first above written.
Ask,iii,
atnre of N Fr )
- �,1I ljvirr i,,
v?'ss� �t&�� 9,r'• (Print or stamp ..e of Notary)
`flic �,�
a at -0t NOTARY PUBLIC in and f r th State
' s, -42;t1-) of Washington,residing at � `uA-
',, ''�''',,,s zb.00:=�' My Appointment Expires: --5/47°6 .
SQUAanr,TOO PHEW PAWS 3
100388410 3.5/83990390.2033 tSXBCUrr4NDOPY1
.
•
SCHEDULE
Legal Description
PARCFiI.1;
esNe A asst of lead eves a poetiou of the Northwest oat quanet of Section 35,Township 1 South,pause
Wee of tbo W111aaRatte laleddtaa,lsl ells City of Tigard,Canty of Washington std Smug of
°Moo,bums ease pariatlsrty detcteed is felons:
Bed Id the North ,s cam of I-a l 13 of OAKB11R t,a racoeded peat to said
county*o4 Rafe;thence Noah 00'1912"East 23.00 feet:thane Nash 941'48"Went
37.27 pas;thee*North 0002000"West 10.00 fist to the true port of begiitaana;
thence bora said Doe point of beginning Noedt 00'20'00"West 310.83 eta;thence
South$9•4134"Sass 872.01 that to a polst of ourvanuss hetsoe 10.2$feat along the
arc of a 29.00 dote radius taws to tats dhrough a costal aegis 0/2161211"to a
point of Ian:seddd=n of the Watedy�-waY of Southwest Grstaiu5$Road as
drecdbad is Rooadat's Fee No.790 766 ofWashissgin Canny:thaw along the
Wasa sly/lie of slid Southwest Road as follows:South 14'48'04"West
36.48 fit,(aid point is 53.00 8e We M of Colony i ogioers's cages live action
105+73);thews South 12'40'24"Hut 28.18 hat(said poise is 42.00*et Westerly of
Coanry�a omit line amigo 106400).Mace South 14'4104"Wen 143.33
team a of curvature(said pout is loaned er Fugieear'e coats lice;tasdoa
107443 3 P.C.);th cace 164.92 11:0 snag the arc of a 2,249.83(el faders curve to the
rl$M through a comet wok of 04•32100"to a poise o(napcooy(add point is located as
mate Ilia fpdon 109+11.35) dome South i9'00'04"West 38.24 feet so a
of curvsatur(said point is located as Engine's center figs nation 109.11.35 P.T.);
thence 132.10 en along the arc of a 2,33313 that radius nave to the left duaugh a
ceserai eagle of 03'15'37"toe point(said pot=is located 42.00 beet Westacly of
Segsaeer's coins line stains 110+80.00);theme South 56•51)6"Won 27.24 foes to a
poles than is located 60.00 foes Westerly of Ragiaeefs caters live station 111100•00;
dunce South 11•12 or Went 3.11 Santo the Maraanioel Os 41.00 pot radius carve la
radial liens threw said point bears South 23'33'21•Sans).*toot fesviig the riff
WILY of who So+st3ewest Omitting Reed 30.45*tit Acme the arc of said 41.00 ibes radius
curve to the dam through a mama stein of 42'33'27"to spans of taatpowtd auvatsns;
throat 93.30 fens dam the are cast 862.00 that undies=two so the net tlrreu=h a
ceanal nee 0,06'12'03'to a f a posse of c on *moat 161.14 foot along the aloof a 380.00!bon;Mho wove
W flu Ica through a consul angle of 24'33'50'to a point of magency;themes North 89'
41'48"Won 69.04 fen to the mac point of begi clog.
TOl7ETHBR Win;an eae+amws for amens as ses faith in Construction Oparstiao and
Raciprocsl 8sseatene AAWecs t o:dated Apd12.5,1971 sod recorded May 2,1972 io
Boole$6S.Pair 13.a asnooded by laesu ens rccocdod hly 10,1973,Rook 936,Pap
284 and by lasosesses recocdad rei many 20,1990:Rvaosderls Fee No 90-01131.and by
instzwoces receded lane 29, 1994.as Re cordar'a Fee No.94-062110.
FURTHER 1 G'MMHG THEREFROM Halt pooSoa described In immanent recorded
November l9.1997.abeordcs's Poo No.971019893.
MRCS'.a
trot of land)4zsg in OAKB U1 1,s duly rocaarded Plan is scald WasWJagtoe Ccivary,sad•pottioa of
said SoeYiou 26,in the City of Tigard,County of Watidgtoa tad Sins Of Oregon.dumbed as
follows:
Square Too/Fringe, Page 1 of 2
li
- I
t:V
G•1
C1° Comuleacina 4t a point oq the Nordletly 3x0 otthe Wesat(y tine of Lot 23 of
DARK'S-G,;4y recorded pit in sand meaty.dhow tlhereoa North 00°111'12"Bea 23 00
OW from the?doMweet corner arssi4 lea;thesee South 004 ir 12"West 30.00 Rea to the tnw
point of beginning;dean Sough 19.41'411`East 32.44 fas to a point of curvature,dream
139.07 loot area tote are ota 320.00 foot Who erne to the right rfsropgh a moral male of
24°53'59"(the lona chord bears South 77'14'45•East 137.97 fees}to a porn of iaojeney;
thence Soak 64'47'49"Rasa 403.94 feet to the peat ofewrvasur.;dunce 11100 On aloof
the arc of:030.00 foot radius curve to the left through a aural angle of O6°SO'10'(the keg
• chord bears South 6Y•12'311'East 110.94 fat)to a point of ooapauad ourvanua*tarn
23.26 12m along the ate of a 49.09 foot radius a rvo to the Oka tbt0ugb a central angle of
27.09'29`(the long chord bean Soailr 111°03'23"East 33 05 inn)as a poll of nee-tangency
en the Westerly nith5. f way of Southwest Grsoebutg Ros4 is described 2a Recordefs Pee No.
79023766 of Warbiayttom Coua$3';dance nodes said Weirrriy tishtef-way Saab 14°30'04"
West 416.03 teen'!unto South 16°36'34"Wen 17.73 f*truce South 24°42'46'West
27.31 drat;please Seeds 41°38'09"West 47.26 bast to the Nor:boaststly ryhtot-way litre of
the Mete*Salle 1111hmeat(Resveai i-T17latd Freeway);;beam RUM sad Nathaste lytifttt-
of-way lino North 78° 56'19"Wee 347.44 Stet Mean Nottll 62'°54'14"West 114,89 fees;
thence 12"East 5 leaded.255 and(bet to Northeasterly of beginning. of the Oregon Sam tli fltosy North QD•18'
TOGETHER WITH an cssrmeas for access as see Dank is C.acaalrc:ion Operation and
Reciprocal P.aaanetgt Asretxmeat dated April 25.1972,sad recorded May 2. 1972 its
Book 365.page 22,as arssmuk4 by histrumeea worded July 19.1973,Book 036,Pape
• 214 cad by insinuate recorded February 20,1990.Recorder's Poe No.90-011131.sad Dr
ire xuatetti recorded harp 29.1994,as Recorder's Fee No.94-062310.
FURTHER.EXCEPTINO THEREFROM thin porton descubai in Dedicatee Deed recorded
Jarmazy 13,1097,Recorders Pea No.97003402,sad FURTHER BXc i'1ING'IHEREFROM that
panion described in inureacat recorded November 19,1997.11aoo dells Pee No.071089119.3.
PARCEL 131:
Thu U14 of laud situated to Rectos 26,Towash2p 1 South,F.ange 1 West ante Willamette
Meridia*.la the County of Wattage=and Stan of oregoc,moss pariculerty described an follows:
Cononaoolag at the latoteeetioa of she Bawdy has of that tact of land conveyed to D.w.creasy
by deed recorded November 5,1965,in Rook 376,Fait 195.*needs of Wsshiugzon County.
Oregon.auh the Sat wsstarly line of Had Remittent dream stoat said Southwesterly bac Sawn
64 12,59"Ems 73.30 Rats;thence marimbas South 64'12'39'East 194.118 teen thaace South 01`
30'O0"West 22.22 fion to the Otte poen of Omen motionless Scam 01° 03'00"West
226.0119mq thence Nord%1111 5740"Wan 177.00 duets North 01.03'00'Ease 252.50 Soot
to a polat of gas ante;theme 56.47 fort.along Oro an of it 43.00 foot rndtgs curvy to tour rf&Lt
through a ceaaal sank of 7 2. 54'03"(he chord of which buses Norse 37'00'09"fast 31.14 fees)
to a pout arKt114114411C61 thence South 64'12'39•Eats 160.72 fees to the ova point of beginning.
TOGETHER WITH an enema for accost as set forth in Ceasauetloo OPaarian end
Reciprocal Basemen Agreement dazed April 25,1973.and recorded May 2.1972 is
Book 865,page 12,as armaded by lama as recorded July 19.10/3,Book 936.Page
214 and by Marmoset recorded February 20,1990.Recorder's Foe No.9008131.and by •
instrument rounded lone 29,1994,as itecordes's Fuse No.94.062310.
Square Too/Fringe, Page 2 of 2
•
0
i
•
Schedule 2
Permitted Encumbrances
1. Construction,Operation and Reciprocal Easement Agreement.including the terms and
provisions thereof,
Dated April 25, 1972
Recorded May 2, 1972
Book • 865
Page 12
First Amendment,
Recorded July 19. 1973 '
Book 936 •
Page 284
Second Amendment,
Recorded February 20, 1990
Recorder's Fee No 90.08131
Third Amendment
Dated April 22, 1994
Recorded June 29, 1994
• Recorder's Fee No. : 94-062510
[11,24 and added for Parcel III]
2. Trust Deed,including the terms and provisions thereof,
Amount 513,500,00000
Dated November 25, 1996
Recorded November 27, 1996
Recorder's Fee No 96105989
Trustor Winmar Oregon,Inc. .
Trustee Transnation Title Insurance Company
Beneficiary Safeco Life Insurance Company
etemmierarmourros Two
.ag• + EMI OW sneionee
l
1
Loan No • SPLM0798
Affsme Parcels I,II and III.
(9]
3. Assignment of Leas"and Cash Collateral,including the terms and provisions
Dated November 25. 1996
Recorded November 27, 1996 •
Recorder's Fee No. 96105990.1
From Wismar Oregon,Inc.
To • Safeco Life Insurance Company
given as additional security to the Trust Deed
Recorded November 27, 1996
Recorder's Fee No. 96105989
Affects Parcels I,A and III.
[10]
THE FOLLOWING EXCEPTIONS AFFECT PARCEL I
4. An easement created by instrument,including the terms and provisions thereof,
Dated July 2. 1979 -
Recorded • July 2, 1979
Recorder's Fee No. 79025766
In favor of State of Oregon
For Slope purposes
Location • An area along the Westerly boundary of SW Greenburg Rd.
[12]
5. • An easement created by instrument,including the terms and provisions thereof;
Dated October 27, 1983
Recorded • January 4, 1984
Recorder's Fee No. 84000169
In Ivor of Unified Sewerage Agency
For • Sewer purposes
Location An area 15 feet in width along the center lino of vacated SW
Locust Street
[13]
6. An easement created by instrument,including the terms and provisions thereof;
Dated -- May 18, 1984
Recorded • Juno 22, 1984
Recorder's Fee No. 84024213
In favor of • The public
For • Sidewalk purposes
Location • An area near the Westerly boundary of SW Greenburg Rd.
[14]
1
•
•
a 4 • l
M 7. An easement created by ittnrumaat,including the terms and provisions thereof; .
Dated January 2, 1992 •
Recorded April 1, 1992
Recorder's Fee No. . 92021254
In flavor of ,: City of Tigard ' •
For Sewer purposes I. •
Location An area in vacated Locust St.
117]
8. An easement created by instrument,Including the terms and provisions thereof, .
Dated November 12, I997
Recorded November 19,1997 • -
Recordea's Fee No. 97108988
•L'
In fkvor of • Washington County,Oregon .i
For Permanent traffic control facilities
Affects Southeasterly area.
[20] • ,.:
9. Rights or claims of the following pasties in possession as disclosed in the rent roll,as
tenants only,with no rights of first refusal or options to purchase:
A. Barns&Nobel Bookstore - •
B. Beauty First
C. Cost Plus ,
Also disclosed by,
Memorandum of Lease
Recorded February 9, 1994
Recorder's Fee No. 94013398
And as disclosed and modified by Subordination,Non-Disturbance and
Attornment Agreement,including the terms and provisions thereof:
Between Cost Plus,Inc.(lessee)
And Safeco Life Insurance Company(beneficiary)
Dated May 6, 1994
Recorded June 26, 1994
Recorder's Fee No. 94062204
(19]
D. Longs Drug Stores
E. Fuddruckers •
F. GTE Phone Mart
D. Makes Copies
H. Dr.Noles Optometrists
9
1
The following affects tenant owned or leased fuaurw only,
es Financing Statement,
Recorded December 27, 1993
Recorder's Fee No. . 93108699
From Dr.Notes Optometria`l,P.C.
To Metropolitan Mortgage&Securities,Inc
(18]
I. Pizza Hut
Also disclosed by,
Short Form Memorandum of Lease
Recorded November 23, 1987
Recorder's Fee No. : 87038220
The lessor's interest is now held by Winmar Oregon,Inc„an Oregon corporation,
The lessee's interest is subject to the following:
A) Leasehold Trust Deed,including the terms and provisions thereof;
Amount $6,000,000.00
Dated October 1,1987
Recorded November 23,1987
Recorder's Fee No. 87058221
Trustor Pizza Huts ofPortiand,Inc.
Trusted Satbco Title Insurance Company of Oregon
Beneficiary Citicorp Industrial Credit,Inc.
The above Leasehold Trust Deed was modified by instrument,Including the terms
and provisions thereof,
Entitled Leasehold Trust Deed Modification Agreement
Dated June 24, 1990
Recorded Juno 28, 1990
Recorder's Fee No. 90-33878
B) Consent to Installation and Waiver, including the terms and provisions thereof;
Dated September 21. 1987 •
Recorded November 23, 1987
Recorder's Fee No, 87058222
Between Fringe Land Ore. Ltd., an Oregon limited partnership
And Citicorp Industrial Credit,Inc.
(16]
J. Royal Panda
f0
The Ibliowing affect tenant owned or leased fixtures only,
Landlord's Waiver, including the terms and provisions thereof;
Dated October 23,1985
Recorded November 6, 1933
Recorder's Foe No. .85044515
Between Fringe Land Ore. Lid.(Landlord)
And Northwest Hotel Supply Company(Leader)
• The lessor's interest is now held by Winmar Oregon,Ina.,an Oregon corporation.
[131
K. United Airlines
L. Willoughby's
TUE FOLLOWING EXCEPTIONS AFFECT PARCEL II "."
10. Limited access in deed to State of Oregon by and through its Department of
Transportation,Highway Department which provides that no right or easement of right of
access to,from or across the State Highway other than expressly
provided therein shall attach to the abutting property,
Recorded December 6,1963
Book 502
Page • 37
Affects an area along SW Greenburg Road.
[21]
11. Limited access as set forth in decree entered in Circuit Count.Washington
County,in fhvor of the State of Oregon,by and through its Department of Transportation,
Highway Department,which provides that no right or easement of right of access to,from
or across the State Highway other than expressly
provided therein shall attach to the abutting property.
Filed January 15, 1964
Case No. 25-611
Affects an area along Beaverton Tigard Highway.
[22]
12. An easement created by instrument,including the terms and provisions thereof,
Dated ._ June 7, 1979
Recorded July 2, 1979
Recorder's Fee No. 79025766
In!Ivor of Washington Count
For • Traffic control facilities:drainage and elope areas
Location Along SW Greenburg Rd.
[23]
II
1
oa 13. [Moved to Exception No.1 above]
os
ES 14. An easement created by instrument.Including the terms and provisions thereof
Dated Septaatber 8,1993
Recorded • January 7, 1994 4
Recorder's Fee No. : 94002128
In favor of Tualatin Valley Water District
For Water line
Location The Southerly area of Parcel I
[27]
15. An easement created by instrument,Including the terms and provisions thereof
Dated March 2, 1994
Recorded • April 8, 1994
Recorder's Fee No. : 94033939
In favor of The public
For 1 foot non-access
Location • An area along Oroenburg Road
(281
16. Restrictive covenants,including the terms and provisions thereof;to waive right of
remonstrance.
Recorded April 8. 1994
Recorder's Fee No. . 94033941
For Street improvements
(293
17. Financing Statement,
Recorded • November 27, 1996
Recorder's Fee No. . 96105991
From • Wismar Oregon,Inc.
To Safeco Life Insurance Company
Affects Parcels II and III
[31]
18. An easement created by Instrument,including the terms and provisions thereof;
Dated November 12, 1997
Recorded • November 19, 1997 •
Recorder's Fee No. 97108988
In favor of Washington County,Oregon
For - • permanent traffic control facility •
Affects Northeasterly area
(33]
The above instrument has not been acknowledged by the vestee herein.
t'lrit-m aw rte:, " ? R ; aoaer �...� .�
•
19. An easement created by inewrgent,including the terms and provisions thereof
Recorded November 19,1997
Recorder's Fee No. . 97108989.3
pi
In Amor of Washington County,a political subdivision of the State of
Oregon
For Slopes,illumination,water,gin,electric and communication
services lines,fixtures and facilities •
Affects areas along Oreenburg Road
(34j
20. One foot Non-Aaoess Basement,including the terms and provisions thereof:
Dated January 13, 1997
Recorded Amery 13, 1997
Recorder's Foe No. : 97003402
Affects Southeasterly portion.
(3sj
21. Rights or claims of the fbUowing parties In possession as disclosed In the rent roll,as
tenants only,with no rights of first refusal or options to purchase:
A. Bank of America
Also disclosed by,
Subordination,Non-Disturbance and Attornment Agreement,including the terse
end provisions thereof,
Dated November 25, 1996
Recorded November 29,1996
Recorder's Fee No 96106623.2
Between Safeco Ufb Insurance Company,as lender,Wirtmar
Oregon.Inc.,as landlord,and Bank of America,as
tenant
[321 •
B. Broadway Cinema
Also disclosed by,
Memorandum of Lease
Recorded May 18, 1989
Recorder's Fee No. . 89-22433
The lessee's interest is subject to the following:
•
l3
A) Mortgage,including the terms and provisions thetoo&
Amount $7,000,000.00
Dated November 15, 1977
Recorded 16,1977
Book 1217 4
• Page 261
Mortgagor Broadway Cinema;,Inc.,et al
Mortgagee United States National Bade of Oregon
Loan No. Not given
Affects additions]property.
Said Instrument appears to be mussing'Exhibit A .
The above Mortgage was modified by instrument,Including the terms and
provisions thereo&
Entitled Supplement
Dated August 25, 1978
Recorded September 13, 1978
Recorder's Fee No. . 78-40738
The above Mortgage was modified by instrument,including the terms and
provisions thereof
Entitled • Amendment
Dated February 1, 1985
Recorded February 7, 1985
Recorder's Fee No. 85004442
B) Mortgage,including the terns and provisions thereof
Amount $3,500,000.00
Dated June 27, 1979
Recorded November 1, 1979
Recorder's Fee No. : 79045061
Mortgagor General American Theatres,Inc.
Mortgagee United States National Bank of Oregon
Loan No. None given
Affects additional property
The above Mortgage was modified by instrument,including the terms and
provisions thereof,
Entitled Amendment
Dated February 1, 1985
Recorded February 7, 1985
Recorder's Fee No. . 85004441
N
Subordination,Non-Disturbance and Attorruoent Agreement,Including the terms
and ed s�� � November 25, 1996
Recorded November 27, 1996
Reoor+ders Fee No 96105992 { •
Between Satbco 1,16 Inuuaaoe Company,as Lender,and
Broadway Cinema,Inc.,as tenant
1263
•
C. Cuisine Cuoina Italian Cafe
The following affects the tenant's interest only,
Security interest In the nature of Assignment of Lease for Security Purposes,
Including the terms and revisions thereof;
Dated April30, 1996
Recorded • Juno 4, 1996 •
Recorder's Fee No. 96049742
From Cuclnal Cuelnal Inc.,a Washington corporation
To Seattle-First National Bank
The following affects tenant owned or leased fixtures only,
Financing Statement,
Recorded June 7, 1996
Recorder's Fee No. . 96031249
From Cuclnat Cueing') Inc.
To Bank of America NW dba SesSrn Bank
[301
D. T.G.I.Friday's
Also disclosed by,
Memorandum of Lease
Recorded June 6, 1979
Recorder's Fee No. 79021779
The above Lease was modified by instrument,Including the terms and provisions
thereof
Entitled • Consent Agreement and Modification
Dated June 20, 1991
Recorded • June 20, 1991
Recorder's Fee No. 91032053
15
laimmimmilimememmienamitasemir
•
•
The lessee's interest in the above lease was assigned by numemus documents and
by gnmentnment and Assumption of Lease Including the terms and provisions
thereof
Dated October 3.1997
Recorded October 6, 1997
Recorder's Fee No. 97093242
To Great Northwest Restaurants,Inc.,a Washington
corporation
The following affect the lessees htterast:
A) Security interest in the nature of an Assignment of Lease and Agreement,
including the terms and provisions thereof
Dated June 20, 1991
Recorded June 20, 1991
Recorder's Fee No. 91032055
Front Main St.Northwest,Inc.
To • WRI U.S.Inc.,a Delaware corporation
B) Unrecorded Franchise Agreement,including the terms and provisions thereof;
Dated December 15, 1990
Between Main St.Northwest,Inc.,an Arizona corporation
And . , TGI Friday's Inc.,a New York corporation
The above Unrecorded Agreement was disclosed and modified by instrument„
including the terms and provisions thereof;
Entitled Subordination Agreement
Dated June 20, 1991
Recorded • June 20, 1991
Recorder's Fee No. 91032057
Subordination,Non-DIsturbance and Attornme u Agreement,including the terms
and provisions thereof;
Dated November 13, 1996
Recorded November 27, 1996
Recorder's Fee No 96105993.2
Between SafLc+o Life Insurance Company.Lender and Main
St.Northwest,Inc.,as tenant
[25]
THE FOLLOWING EXCEPTIONS AFFECT PARCEL III **s**
22. Rights or claims of the following parties in possession as disclosed in the rent roll,as
tenants only,with no rights of first rental or options to purchase:
A. U.S.National Bank
1
$ •
°' Also disclosed by, ,,
T .
Memorandum of Lease •
Recorded September 3, 1974 .
Book 991 a
Page 54
. The lessor's interest in the above lease was acquired by Warranty Deed including •
• the terms and provisions thereof
Dated January 1,1995 '
Recorded November 20, 1995 «
Recorda'sFee No. . 95035547 • .;•i
. To Wismar Oregon,Inc.,an Oregon corporation f
Subordination,Non-Disturbance and Mammon Agreement,including the terms • .•.
and provisions thereof
Dated • November 12, 1996 L
Recorded November 27, 1996 •
Recorder's Fee No 96105994.2
Between Safeco Life Insurance Company,as lender,and
United States National Bank of Oregon,as tenant
[36]
23_ Financing Statement,
Recorded November 27, 1996
Recorder's Fee No. 96105991
•
From Oregon,Inc. • -
To Safeco Life Insurance Company
Affects Parcels 11 and III
[37]
• L .
■
f
ftvt _ •l
PARCEL I:
A tract of land over a portion of the Northwest one-quarter of Section 35,Township 1 South,Range
1 West of the Willamette Meridian,in the City of Tigard.County of Washington and State of
sNI Oregon,being more partioulady described as follows:
Beginning at the Northwest corner of Lot 23 of OAKBURO,a recorded plat in said
county and state;thence North 00°18'12"East 23.00 feet;thence North 89°4148"West
37.27 feet;theca North 00°20'00"West 30.00 feet to the true point of beginning;
thence from said true point of beginning North 00°20'00"West 310.83 feat,thence
South 89'41'14"East 872.01 feet to a point of curvature;thence 10.23 feet along the
aro of a 29.00 foot radius curve to the right through a central angle of 21°12'51"to a
point of intersection of the Westerly right-of-way of Southwest Qmeaburg Road as
described in Recorder's Fee No.79025766 of Washington County;thence along the
Westerly lino of said Southwest Oreeeburg Road as fellows:South 14%8'04"West
36.48 feet,(said point is 35.00 feet Westerly of County Engineer's center line station '
105+75);thence South 12°40'24"East 28.18 feet(said point is 42.00 feet Westerly of
County Engineer's center line station 106+00);thence South 14°48'04"West 143.33
feet to a point of curvature(said point is located at Engineer's center line station
107+43.35 P.C.);thence 164.92 feet along the arc of a 2,249.83 fbot radius curve to the
right through a central angle of'04°12'00"to a point of tangency(said point is located at
Engineer's corker line station 109+11.35);thence South 19°00'04'West 38.24 feet to a
point of curvature(said point is located at Engineer's center line station 109+11.35 P.'1'.);
thence 132.80 feet along the aro of a 2,333.83 fbot radius curve to the left through a
central angle of 03°15'37"to a point(said point is located 42.00 feet Westerly of
Engineer's center line station 110+80.00);thence South 56°51'06"West 27.24 feet to a
point that is located 60.00 feet Westerly of Engineer's center line station 111+00.00;
thence South 15°12'07"West 3.51 feet to the intersection of a 41.00 foot radius curve(a
radial lino through said point bears South 23°33'21"East);thence leaving the right-of-
way of the Southwest Orcenburg Road 30.45 feet along the arc of said 41.00 foot radius
curve to the right through a central angle of 42°33'27"to a point of compound curvature;
thence 93.30 fact along the aro of an 862.00 foot radius curve to the right through a
central angle of 06°12'05"to*point of tangency;thence North 64°47'49"West 388.71
feet to a point of curvature;thence 165.14 feet along the aro of a 380.00 foot radius curve
to the left through a central angle of 24°53'59"to a point of tangency;thence North 89°
41'48"West 89.04 feet to the true point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25,1972,and recorded May 2, 1972 In
Book 865,Page 12,as amended by instrument recorded July 19,1973,Book 936,Page
284 and by instrument recorded February 20,199D,Recorder's Fee No.90-08131,and by
instrument recorded Juno 29.1994,as Recorder's Fee No.94-062510.
FURTHER EXCEPTING THEREFROM that portion described in instrument recorded
November 19, 1997,Recorder's Fee No.97108989.3.
PARCEL II:
A parcel of land lying in OAKBURG,a duly recorded Flat in said Washington County,and a portion of
said Section 26,in the City of Tigard,County of Washington and State Of Oregon,described as
follows:
g
Commenoing at a point on the Northerly prolongation of the Westerly line of Lot 25 of
OAKBURO,a duly recorded plat In said county,distant thereon North 00° 18'12"Fast 25.00
feet from the Northwest oornor of said lot;thence South 00.18'12"West 30.00 feet to the true
point of beginning;thane South 89°41'48"East 32.44 SW to a point of curvature,thence
139.07 foot along the arc ofa 320.00 toot radius curve to the right through a central angle of
24°53'59"(the long chord beans South 77°14'48"Past 137.97 toot)to a point of tangency;
oa thence South 64°47'49"Bast 405.94&et to the point of curvature;thence 111.00 foot along
the are of 930.00 foot raises curve to the loft through a central angle of 06°50'19"(the long
chord boars South 68°12'58"East 110.94 feet)to a point of compound curvature;thence
23.26 foot along the are of a 49.08 fbot radius curve to the right through a central angle of
27°09'29"(the long chord bears South 58.03'23"East 23.03 hoot)to a point of non-tangency
oa the Westerly fight-of-way of Southwest fireeabutg Road as described in Recorder's Fee No.
79025766 of Washington County;thence tracing said Westerly right-of-way South 14°50'04"
West 416.03 foci thence South 16°36'34"West 17.73 Set;thence South 24°42'46"West
27.31 foot;theme South 41°38'09"West 47.26 feet to the Northeasterly right of way line of
the Oregon State Highway(Beaverton-Tigard Freeway);thence tracing said Northeasterly right-
of-way line North 78° 56'19"Weat 347.44 het;thence North 62°54'14"West 184.89 foot;
thence leaving said Northeasterly right-of-way Tine of the Oregon State Highway North 00°18'
12"East 585.25 that to the trust point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25, 1972,and recorded May 2, 1972 in
Book 865,Page 12,as amended by instrument recorded July 19, 1973,Book 936,Pago
284 and by instrument recorded February 20, 1990,Recorder's Fee No.90-08131,and by
instrument recorded Juno 29,1994,as Reoordar'a Fee No.94-062510.
FURTHER EXCEPTING THEREFROM that portion described in Dedication Deed recorded
January 13,1997,Recorder's Poe No.97003402,and FURTHER EXCEPTING'THEREFROM that
portion described in instrument recorded November 19, 1997,Recorder's Fee No.97108989.3.
PARCEL III:
That tract of land situated in Section 26,Township 1 South,Range 1 West of the Willamette
Meridian,in the County of Washington and State of Oregon,more particularly described as follows:
Commencing at the Intersection of the Easterly line of that tract of land conveyed to D.W.Creasy
by deed recorded November 5,1965,in Book 576,Page 195,Records of Washington County,
Oregon,with the Southwesterly lino of Hall Boulevard;thence along said Southwesterly line South
64°12'59"East 73.30 feet;thence continuing South 64°12'59"East 194.88 feet;thence South 01°
30'00"West 22.22 that to the true point of beginning;thence continuing South 01° 03'00"West
228.03 feet;thence North 88°57'00"West 177.00 feet;thence North 01°03'00"East 252.50 foot
to a point of curvature;thence 56.47 foot along the arc of a 45.00 foot radius curve to the right
through a central angle of 71° 54'03"(the chord of which bears North 37°00'09"East 52.84 feet)
to a point of non-tangency;thence South 64°12'59"East 160.72 feet to the true point of beginning.
TOGETHER WITH an easement for access as set forth in Construction Operation and
Reciprocal Easement Agreement dated April 25,1972,and recorded May 2. 1972 in
Book 865,Pago 12,as amended by instrument recorded July 19,1973,Book 936,Page
284 and by instrument recorded February 20,1990,Recorder's Fee No.90-08131,and by
instrument recorded June 29, 1994,as Recorder's Fee No.94-062510.
. . •.
_ . • _ . . • .
. . _ _
MAILING /
NOTIFICATION
RECORDS
• -IN
N
TIGARD
City of Tigard
September 22, 2014
Panera, LLC
John Sturges
3630 S Geyer Road, Suite 100
Sunset Hills, MO 63127
RE: Minor Modification Completeness Review
File Number MMD2014-00023
Dear Mr. Sturges:
The City of Tigard has received your application for a minor modification to existing
development on September 11, 2014. Staff has completed a preliminary review of your
application and found it incomplete pending additional information necessary to make a
decision. In order to deem your applications complete, please submit the following
information:
1. 18.360 Site Development Review: In order to address section 18.360.050.B.3, please
provide the total number of parking spaces on the site. In additional please also
provide the existing list of businesses/tenants with the square footage of the space
they occupy.
In addition to these items, there may be additional information requested from
Development Engineering once the above items are received and reviewed. Should you have
any questions, please feel free to contact me at 503-718-2427 or agnesk @tigard-or.gov.
Sincerely,
`lrra
Agnes Kowacz
Associate Planner
Cc: File
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov