MMD2015-00027 MMD2O15 - 00027
Spirit Halloweem
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2015-00027 114
SPIRIT HALLOWEEN T 1 G A R D
120 DAYS = December 10, 2015
SECTION I. APPLICATION SUMMARY
FILE NAME: Spirit Halloween
CASE NO.: Minor Modification (MMD) MMD2015-00027
PROPOSAL: The applicant is proposing a change of use to a tenant building at 10145 SW
Washington Square Road in Washington Square shopping center. The building,
approximately 8,948 square feet in size, is changing from an eating and drinking
establishment to a sales-oriented retail use,Spirit Halloween.
APPLICANT: Guy Gibson
Dirty Work
12369 South New Era Road
Oregon City,OR 97045
OWNER: Macerich
401 Wilshire Boulevard
Suite 700
Santa Monica,CA 90401
LOCATION: 10145 SW Washington Square Road
WCTM 1S135BA,Tax Lot 100
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 indude 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.
MMD2015-00027 Spirit Halloween 1
•
• a
STH °IS,'APPROVAL];SHALLBEVAL`IDFOR 18?MO�NTH$ Z'
'FROM 1 E EFFECTIVE DATE OFITHIS DECISION, 1 �;
SECTION-III.. BACKGROUND INFORMATION
•
,Site.Information:
The project is-located'at 101,45'S.\\' Washington Square Road in Washington.Square shopping center;
northeast,of Highway 217, 'south Of SW Washington Square.Road, and west of SW Greenburg Road:.
The subject property is an approximately 8,948 square foot building, located within an existing
shopping center. The property is zoned Mixed.Use Commercial (MUC), as are adjacent•properties to
the north, south, and west; adjacent properties.to,the east are zoned Mixed Use Employment (MUE=1).
The property is located in the Washington Square,Regional Center Plan District.
Proposal'Description:
The applicant is.proposing a change of use to a tenant building at 10:145 SW Washington Square Road
in Washington Square shopping center. The building, approximately 8,948 square feet in size, is
changing from an eating and drinking,establishment to a sales-oriented retail use, Spirit Halloween.
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
Because the applicant has only proposed a change' of use, which primarily affects off-street parking
regulations, that is the main focus of the review. The change of Use is from an eating and drinking
establishment use to a sales-oriented retail use. Based on off-street vehicle parking calculations (TDC
Table 18.765.2), the existing use requires 81 parking spaces (9.0/1,000 square feet), whereas the
proposed use requires 27 parking spaces (3.0/1,000 square feet). Accordingly, the proposed change of
use will lower the minimum off-street vehicle parking requirement for the subject property.
In addition, the project's parking requirement is calculated into the overall parking requirement for
Washington Square shopping center. In September 2014 (Case No. MMD2014-00023), staff
determined the minimum off-street parking requirement for all existing uses in the shopping center was
3,592 spaces, and found there was adequate off-street parking, with 6,803 spaces provided. No
subsequent land use approvals have been .issued for Washington Square shopping,center that would
impact off-street parking requirements.
Therefore, staff concludes the new minimum off-street parking, requirement .for, Washington Square
shopping center is 3,538 spaces (factoring in the change of use described above). Accordingly, staff
• finds there is adequate off-street parking in Washington Square shopping center to serve this proposal,
with a surplus of 3,265 spaces.
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 IDC 18.360.050.B.1-11 are either satisfied or do
MM1)2015-00027 Spirit Halloween 2
not apply. Therefore, the proposed development is not a major modification. This criterion is met.
t
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 ).nailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification ra-Type I procedure. As such, the Director's decision is final on the date it is
mailed:or^otherwiselprovided 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'AUGUST 17,'2015
• AND BECOMES EFFECTIVE ON AUGUST 18, 201• 5
• Questions:
If,you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCSO,,tigard-or.gov.
r��/ August 17, 2015
APPROVED BY: Lina Smith
Assistant-Planner
NINI1)2015-00027 Spirit 1-lalloween 3
APPLICANT
MATERIALS
City of Tigard RECEIVED
COMMUNITY DEVELOPMENT DEPARTMENT
.AUG 102015
TIGARD Minor Modification Type I Apply . qo
PLANNINta,ttGinImMING
PROPOSAL SUM Airti ief description) REQUIRED SUBMITTAL
L 147C.� 1 kr- �S7,1� 0 5 A„,,,tr cL^"i� ) �dc ELEMENTS
//c'i^'.� e-1--kc 7U ��"t° t ' yvU 4 /Owner's Signature/Written
uthorization
itle Transfer Instrument or Deed
Site Plan(2 large plans drawn to scale
// h/ nd one reduced to 8.5"x]1'/z')
Property address/location(s): / )�I $ c w4,-4 5 '' pp1icant's Statement/Narrative
2 copies)Address criteria in:
1i.G.v. ., �e ' 18.360.030.B.1-11
Tax map and tax lot #(s): IDC
ling Fee
Site size:
iOii ,ivIl 1 .i tl'iv
Applicant': GC, 6 t 9$G.1„, 1.); .r17 C Case No.: M & QOIS— OUO :1
Address: /? ' ''o; S, 4 V./..,/ Y`N PIA
IA
Related Case No.(s):
City/state: C U C Zip: -70� y 7 I , °0
Phone f D.- "72 ) ?CMmail: �;10 t Application Fee:
p aat' � CG�
Application accepted:
By: Date: I3-1°-1'
PROPERTY OWNER/DEED HOLDERS) ❑Same as Applicant
Name: LEO ( W t I S MAt-t�,rtt.�
Application determined complete:
SCityAddress: 'rt (o L V ,t .STF 7 rC) By: L� Date: / e. /5—
City/state:
/state: ,cOn k uci - CA-- Zip: i 040( I\CURPLN\Masters\Land Use Applications Rev 11/24/2014
Contact name: 1(Tfnµ406 1 nitki. `'
Phone number:_S-25_3:_-__(.3 .12_ ___
s
*When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary'of the proposed changes. Criteria in either 18.360.050(B)or
18.330.020(B)(2)must be addressed with a detailed response to each criterion. Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations, signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
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 thatmay 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.
SIGNATURE if each own •f the subject property required.
61-i-rt"1 C't-lt )9 5 e."---2--\
•,.Sant': stgna re Print nae Date
fl2j1Q1
'"as `'( c
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
RECEIVED STATE OF OREGON i SS
County of Washington `
AUG 10 2015I, Jerry ; anocim f :,.r of Assess-
ment and • o County
Clerk for i• b• rt(fy that
CITY OF TIGARDthe wit i�tr<� " ;*" :�` .
eceived
PLANNING/ENGINEERING and rez.�r •'.''` ' % of said
county * 40:;
irector of
I, `gestiltd t , axation,Ex-
v lerk
Doc : 99021500
Rect: 226382 20121,00
02/22/1999 01:08: 28pm
1 -.map / g
1\61After recording return to: Grantor: WINMAR OREGON, INC.
James H. Kinney
u0 o O'Melveny& Myers LLP Grantee: PPR SQUARE TOO LLC
�0
1999 Avenue of the Stars RECEIVED
Los Angeles, California 90067-603 5
AUG 10 2015
BARGAIN AND SALE DEED CITY OF TIGARD
PLANNING/ENGINEERING
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 part hereof.
The true consideration for this transfer is $20,000,000.
THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS
INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE
SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE
PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING
DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS
AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
DATED this /8 day of February, 1999.
.�7:'r . WASHINGCOUNTY WINMAR OREGON, INC.,
r +N • REAL PROPERTY TRANSFER TAX an Oregon corporation
14 1 . $2.c o,op Z•zz•��
44 OP FEE PAID DATE By: tS� a
Eddie L. Hendrikson
Vice President
7cr
1.110
Thom• • . :arkewitz
Secr-- -
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 DEED PAGE 1
[00388-0035/S13990390.20512.. [EXECUTION COPY]
RECEIVED
AUG 10 2015
STATE OF WASHINGTON) CITY OF TIGARD
) ss. PLANNING/ENGINEERING
COUNTY OF KING )
On this I 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 be 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, 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.
(Sign:tur- of No ry
liv1 5
P or stampre of
,,,.....��,� ( Notary)
_- N SAS& '1
.k%'‘'ION,c: �'v �'I NOTARY PUBLIC in and for the State
:o4' p1,44, 13'%, of Washington, residing at ( ice 1,04- .
' =o ? f = My Appointment Expires: :/ 3/2o •
`> 1'
"s i OF wAS\'�
SQUARE TOO DEED PAGE 2
[00388-0035/S8990390.205] 3 [EXECUTION COPY]
RECEIVED
STATE OF WASHINGTON) AUG 10 2015
) ss. CITY OF TIGARD
COUNTY OF KING ) PLANNING/ENGINEERING
On this 1-1.1 1 day of February, 1p99, before me, the undersigned, a Notary Public in
and for the State of Washington, duly commissioned and sworn, personally appeared Thomas
A. Barkewitz, to me known to be the person who signed as Secretary of Winmar Oregon,
Inc., the corporation that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and volunt4ty act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that Thomas A. Barkewitz was duly elected,
qualified and acting as said officer of the corporation, that Thomas A. Barkewitz 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.
'Mature of N 01! )
��N SASU y1' (Print or stain 't e of Notary)
_a 41'x" A % NOTARY PUBLIC in and for the State
su •
, C- = of Washington, residing at ? favi wI
'f, , oq ' My Appointment Expires: .S/2 0
w ASM0 ,
SQUARE TOO DEED PAGE 3
[00388 0035/SB990390.205] [EXECUTION COPY]
RECEIVED
SCHEDULE 1 AUG 10 2015
Legal Description
PARCEL I. CITY OF TIGARD
LANNINGJENGINEERING
A tract of land over a portion of the Northwest one-quarter of Section 35,Township 1 South, Raz ge
1 West of the Wiliarneae Meridiak in the Ciry of Tigard, County of Washington and State of
Oregon, being more particularly described as follows:
Beginning at the Northwest comer of Lat 25 of CAKBURG, a recorded plat in said
county and state; thence North 04°18'12"East 25.00 fact;thence North 89°41'48" Wast
37 27 feet; thence Noah 00°20'00" West 30.00 feet to the true point of beginning;
thence from said true point of beginning North 00°2000"West 310.83 fees; thence
South 89°4114"East 872.01 feet to a pot=of curvature; thence 10.23 feet along the
arc of a 29.00 foot radius curve to tate right through a central angle of 21°12'51" to a
point of intersection of the Westerly tight-af-way of Southwest Grccnburg Road as
described in Recorder's Fee No. 79025766 of Washington County,thence along the
Westerly line of said Southwest Crreettburg Road as follows: South 14°48'04"West
36.4$ feet, (said point is$5.00 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 lint station 106/-00);thence South 14°48'04"West 143.35
feet to a point of curvature(said point is located at Engineer's center tine station
107+43.35 P.C.);thence 164.92 feet along the arc of a 2249.83 foot radius alive to the
right through a central angle of 04°12'00"to a point of tangency(said point is located at
Engineer's center 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.T.);
thence 132.80 feet along the arc of a 2,333.83 font radius curve to tine left through a
enteral angle of 03°15'37"to a point(said point is located 42.00 feet Westerly of
Engineer's centerline 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+00.04;
thence South 15°12'07" West 3.51 feet m the iznersaaion of a 41.00 foot radius curve (a
radial line through said point bears South 23°33'21"East);thence leaving the right-of-
way of the Southwest Greenburg Road 30.45 fret along the aro 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 fon along the arc'clan 862.00 foot radius curve to the tight through a
central angle of 06°12'05' to a point of tangency;thence North 64°47'49"West 388.71
feet m a point of curvature;thence 165.14 feat along the arc 014 380.00 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 dazed April 25, 1972, and recorded May 2, 1972 in
Rooke 865,Page 12, as=coded 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.
FURTHER EXCEPTING THEREFROM that portion described in instrument recorded
November 19, 1997,Recorder's Fee No. 97108989.3.
PARCEL A:
A parcel of land lying in OAKBURG,a duly recorded Plat in said Washington County, and a porton of
said Section 26, in the City of Tigard,County of Washiatgton and Siam Of Oregon, described as
follows:
Square Too/Fringe, Page 1 of 2
Commencing at a point on the Northerly prolongation of the,Westerly tiueof Loi 23 of
OAKBURG, a duly recorded plat in said county, distant thereon North 00° 18' 12" East 23.00 .
feet from the-Northwest comer of said lot;thence South 00° 18' 12"West 30.00 feet to the trt►e
point.of beginrisng,thence South 89°41'48" East 32.44 feet to a point of curvature, thence
139.07 feet along the arc of 320.00 foot radius curve to the right through.a central anglo of
24° 53'59"(the long chord bears South 77° 14'48" East 137.97 feet)to a point of tangency;
thence South 64°47'49"East 405.94 fed to the point of curvature;thence 111 00 feet along
the arc of a 930.00 foot radius curve to the left through a.central angle of 06° 50' 19" (the long
chord bears South 68° 12'58"East 1110.94 feet)to a point of compound curvature; thence
23.26 feet along the are of a 49.08 foot radius curve to the right through a central.angle of ,
27°09'29^ (the long chord bears Smith 58°03'23"Ease 23 05 feet)to a paint of non-tangency
on the Westerly right-of-way of Southwest Greeebttrg Road as describes in Recorder's.Fee No. •
79025766 of Washington County;thence tracing said Westerly tight-of-way South 14° 50'04"
West 416.03 feet;thence South 16°36' 34"West 17.73 feet;thence South 24° 42' 46" West
27.31 feet; thence South 41°38'09" 41est 47.26 fret to the Notthcastcrly right-of-way line of
the Oregon Stair Highway(Binvertou-Tigatd.Freeway);thence tracing said Northeasterly right-
of-way line North 78° 56' 19"West 347.44 feet;thence North 62°54' 14"West 184.89 feet;
thence leaving said Northeasterly rig}ut«af-way line of the Oregon State Highway North 00° 18'
12" Fast 585.25 fent to the true point of beginning.
TOGETHER WITH an easement for access.as set forth in Construction Operation and
Reciprocal Easement Agreement dazed April 25, 1972,and recorded May 2, 1972 in
Book.865, Page 12,as amended by illStrUtatt2'recorded July 19, 1973, Book 936, Page
244 and by instrument recorded Fcbria;y 20, 1990,Recorder's Fee No. 90-08131,and by
instrument recorded June 29. 1994,aS Recorder's Fee No. 94-062510.
FURTHER.EXCEPTING THEREFROM that portion described in Dedication Deed recorded
January 13,1997,Recorder's Fee No.47003402,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 tate Easterly line of that tract of land conveyed to D.W. Creary
by deed recorded November 5, 1965;1 Ln Book 576,page 195,Records of Washington County,
Oregon, with the Southwesterly line of Hall Boulevard;thence along said Southwesterly line South
64° 12'59"East 73.30 feet;thence edutiniiing South 64°12'59"East 194.88 fee thence South 01°
30'00"West 22,22 feet to the true point of beginning;dicnce continuing South 01° 03'00"West
228.03 fret;thence North 88°ST 00"j West 177.00 fe4x thence North 01° 03'00"Fast 252.50 feet
to a point of curvature;thence 56.47 feet 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 boars North 37°00'09" East 52.84 feet)
to a pointuth of non-tangency,thence Sc' 64° 12' 59"Ea 160/2 feat to the true point of beginning.
TOGETHER.WITH an easement for iacoess as set forth in Construction Operation and
Reciprocal Easement Agreement dazed April 25, 1972,and recorded May2, 1972 in
Book 865, Page 12,as amended by icsst omen recorded July 19, 1913,Book 936, Page
284 and by instrument recorded Iebz4$ry 20, 1990,Recorder's Fee No. 90-08131,and by
instrument recorded Juste 29,1994,of Recorder's Pee No. 94-062510.
Square Too/Fringe, Page 2 of 2
RECEIVED
AUG 10 2015
CITY OF TIGARD
Schedule 2 PLANNING/ENGINEERING
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 : $13,500,00000
Dated : November 25, 1996
Recorded : Noivember 27, 1996
Recorder's Fee No : 9605989
Trustor Winmar Oregon, Inc.
Trustee : Transnation Title Insurance Company
Beneficiary Safeco Life Insurance Company
•
Loan No. : SPLM0798
Affects Parcels I, II and III.
[91
3. Assignment of Leases and Cash Collateral, including the terms and provisions
of,
there
Dated : November 25. 1996
Recorded November 27, 1996
Recorder's Fee No. : 96105990.1
From : Winmar Oregon, Inc.
To . Safeco Life Insurance Company
I
given as additional security to the Trust Deed
Recorded : November 27, 1996
Recorder's Fee No. : 96.105989
Affects Parcels I, II and III.
[10]
1H FOLLOWING EXCEPTIONS AFFECT PARCEL I *****
4. An easement created by instrumlent, 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 . Jahuary 4, 1984
Recorder's Fee No. : 84000169
In favor of : Unified Sewerage Agency
For Sewer purposes
Location An area 15. feet in width along the center line of vacated SW
Locust Street
[13] I
6. An easement created by instrument, including the terms and provisions thereof,
Dated -- : May 18, 1984
Recorded : Ju>ie 22, 1984
Recorder's Fee No. : 84024213
In favor of . The public
For : Sidewalk purposes
Location . Ari area near the Westerly boundary of SW Greenburg Rd.
[14]
I
, ,3I
7. An easement created by instrument, including the terms and provisions thereof,
Dated : January 2, 1992
Recorded • April 1, 1992
Recorder's Fee No. : 9d021254 •
In favor of City of Tigard
For • Sewer purposes
Location • An area in vacated Locust St.
[17]
•
8. 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 facilities
Affects Southeasterly area.
[20]
9. Rights or claims of the following:parties 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 1
C. Cost Plus
Also disclosed by,
Memorandum of Lease I
Recorded : 1 February 9, 1994
Recorder's Fee No. : j 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
G. Kinko's Copies
H. Dr. Noles Optometrists
9
The following affects tenant owned or leased fixtures only,
Financing Statement,
Recorded December 27, 1993
Recorder's Fee No. : 93108699
From Dr. Noles Optometrist, 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. : 87058220
The.lessor's interest is n tw 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 of Portland, Inc.
Trustee • Safeco 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 June 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
•fII Q
Il
1
I
,
1
The following affect tenant owned or leased fixtures only,
Landlord's Waiver, including the terms and provisions thereof,
Dated : October 23, 1985
Recorded . November 6, 1985
Recorder's Fee No. 85044515 "
Between : Fringe Land Ore. Ltd. (Landlord)
And : Northwest Hotel Supply Company (Lender)
The lessor's interest is now held by Winmar Oregon, Inc., an Oregon corporation.
[15]
K. United Airlines
L. Willoughby's
***** THE FOLLOWING EXCEPTIONS AFFECT PARCEL II
1
1
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 : 5Q2
Page : 37
Affects an area along SW Greenburg Road.
[21] .
11. Limited access as set forth in decreeentered in Circuit Court, Washington
County, in favor 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. : 25611
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 favor of : Washington Count
For Traffic control facilities; drainage and slope areas
Location : Along SW Greenburg Rd.
[23]
i
I
13. [Moved to Exception No. 1 above]
14. An easement created by instrument, including the terms and provisions thereof;
Dated September 8, 1993
Recorded , .•
January 7, 1994
Recorder's Fee No. : 91002128 Y
In favor ofTualatin Valley Water District
For Water line
Location : Te"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 Greenburg Road
[28]
I
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
[29]
17. Financing Statement, •
Recorded : November 27, 1996
Recorder's Fee No. : 96105991
From Winmar Oregon, Inc.
To Safeco Life Insurance Company
Affects Parcels II and III S
[31] S
I
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.
3
1
y
i
19. An easement created by instrument, including the terms and provisions thereof,
Recorded : November 19, 1997
Recorder's Fee No. 9.7108989.3 •
In favor of : Washington County, a political subdivision of the State of
Oregon
For • Slopes, illumination, water, gas, electric and communication
services lines, fixtures and facilities
Affects areas along Greenburg Road
[34]
20. One foot Non-Access Easement, including the terms and provisions thereof,
Dated : January 13, 1997
Recorded • January 13, 1997
Recorder's Fee No. : 97003402
Affects Southeasterly portion.
• [35]
21. Rights or claims of the following!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 terms
and provisions thereof,
Dated : November 25, 1996
Recorded : November 29, 1996
Recorder's Fee No : 96106623.2
Between : Safeco Life Insurance Company, as lender, Winrnar
Oregon, Inc., as landlord, and Bank of America,!as
tenant
[32] •
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:
/ 3
•
A) Mortgage, including the terms and provisions thereof
Amount • : i $7,000,000.00
Dated . November 15, 1977
Recorded : November 16, 1977
Book : 1217
Page : 261 "'
Mortgagor : Broadway Cinemas, Inc., et al
Mortgagee : United States National Bank of Oregon
Loan No. : Not given
Affects additional property.
Said instrument appears to be missing "Exhibit A".
The above Mortgage was,modified by instrument, including the terms and
provisions thereof
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 terms 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, Inca
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
I LI
Subordination, Non-Dis ance and Attornment Agreement, including the teens
and provisions thereof
Dated November 25, 1996
Recorded • November 27, 1996
Recorder's Fee No : 96105992
Between Safeco Life Insurance Company, as Lender, and
Broadway Cinema, Inc., as tenant
[26]
C. Cucina Cucina Italian Café
The following affects the tenant's interest only,
Security interest in the nature of Assignment of Lease for Security y Purposes,
including the terms and revisions thereof,
Dated : April 30, 1996
Recorded : i June 4, 1996
Recorder's Fee No. : 96049742
From Cucina! Cucina! 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. :. 96051249
From : Cucina! Cucina! Inc.
To : Bank of America NW dba Seafirst Bank
[3 0]
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 mod modified by instrument, includingthe
thereof; terms and provisions
Entitled • Consent Agreement and Modification
Dated • June 20, 1991
Recorded • June 20, 1991
Recorder's Fee No. 91032053
i
C
•
The lessee's interest in the above lease was assigned by numerous documents and
by Assignment and Assumption of Lease including the terms and provisions
thereof
Dated • October 3, 1997
Recorded : October 6, 1997
Recorder's Fee No. : 97093242
Toi
Great Northwest Restaurants, Inc., a Washington
corporation
The following affect the lessees interest:
A) Security interest in the nature of an Assignment of Lease and Agreement,
including the terms and provisions thereof,
Dated : June 20, 1991
Recorded • Jurie 20, 1991 •
Recorder's Fee No. : 91032055
From : 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 : i. 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 : I Subordination Agreement
Dated : June 20, 1991
Recorded • June 20, 1991
Recorder's Fee No. : 91032057
Subordination, Non-Disturbance and Attornment Agreement, including the tents
and provisions thereof,
Dated : November 13, 1996
Recorded • November 27, 1996
Recorder's Fee No : 96105993.2
Between : Safeco Life Insurance Company, Lender and Main
St. Northwest, Inc., as tenant
[25]
***** THE FOLLOWING EXCEPTIONS AFFECT PARCEL in *****
22. Rights or claims of the following parties in possession as disclosed in the rent roll, as
tenants only, with no rights of first refusal or options to purchase:
A U. S. National Bank
•
Also disclosed by,
Memorandum of Lease
Recorded September 3, 1974
Book : 991
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
Recorder's Fee No. : 95085547
To Winmar Oregon, Inc., an Oregon corporation '
•
Subordination, Non-Disturbance and Attornment Agreement, including the terms
and provisions thereof
Dated : Novembers 12, 1996
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. : 961105991
From : Winmar Oregon, Inc.
To : Safeco Life Insurance Company
Affects Parcels II and III
[37]
i .
l7
•
1. I 1 Cu&A) s ago
add d Noir \-€0, t1-1"
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
Oregon, being more particularly described as follows:.
Beginning at the Northwest corner of Lot 25 of OAKBURG, a recorded plat in said •
county and state;thence North 00°18'12"East 25.00 feet;thence North 89°41'48"West
37.27 feet;thence North 00°20'00"West 130.00 feet to the true point of beginning;
thence from said true,point of beginning North 00°20'00"West 310.83 feet;thence
South 89°41'14" East 872.01 feet to a point of curvature;thence 10.23 feet along the
arc 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 Greenburg Road as
described in Recorder's Fee No. 7902576''6 of Washington County;thence along the
Westerly line of said Southwest Greenbuig Road as follows: South 14°48'04"West
36.48 feet, (said point is 55.00 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 100-00);thence South 14°48'04"West 143.35
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 foot radius curve to the •
right through a central angle of 04°12'001 to a point of tangency (said point is located at
Engineer's center 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.T.);
thence 132.80 feet along the arc of a 2,333.83 foot 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 5.6°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 line through said point bears'Sotitli 23°33'21"East);thence leaving the right-of-
way of the Southwest Greenburg 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 feet along the arc of an 862.00 foot radius curve to the right through a
central angle of 06°12'05" to a point of tangency;thence North 64°47'49"West 388.71
feet to a point of curvature;thence 165.14 feet along the arc of a 380.00 foot radius curve •
to the left through a central angle of 24°513'59"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 Februari 20, 1990, Recorder's Fee No. 90-08131,and by
instrument recorded June 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 Plat 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:
ig
•
i
Commencing at a point on the Northerly prolongation of the Westerly line of Lot 25 of
OAKBURG, a duly recorded plat in said county, distant thereon North 00° 18' 12" East 25.00
feet from the Northwest corner of said lot;thence South 00° 18' 12"West 30.00 feet to the true I
point of beginning;thence South 89° 41'48" East 32.44 feet to a point of curvature; thence .
139.07 feet along the arc of a 320.00 foot radius curve to the right through a central angle of
24° 53' 59" (the long chord bears South 77° 14' 48" East 137.97 feet)to a point of tangency;
thence South 64° 47'49"East 405.94 feet to the point of curvature; thence 111.00 feet along
the arc of a 930.00 foot radius curve to the left through a central angle of 06° 50' 19" (the long
chord bears South 68° 12' 58" East 110.94 feet) to a point of compound curvature; thence
23.26 feet along the are of a 49.08 foot radius curve to the right through a central angle of
27° 09' 29" (the long chord bears South 58° 03'23" East 23.05 feet)to a point of non-tangency
on the Westerly right-of-way of Southwest Greenburg 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 feet; thence South 16° 36' 34"West 17.73 feet;thence South 24° 42' 46" West
27.31 feet; thence 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"West 34744.feet;thence North 62°54' 14"West 184.89 feet;
thence leaving said Northeasterly right-o-way line of the Oregon State Highway North 00° 18'
12" East 585.25 feet to the true point of eginning.
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, 1990,Recorder's Fee No. 90-08131, and by
instrument recorded June 29, 1994,as Recorder's Fee No. 94-062510.
i
FURTHER EXCEPTING THEREFROM that portion described in Dedication Deed recorded
January 13,1997, Recorder's Fee 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 ofland conveyed to D.W. Creary
by deed recorded November 5, 1965,in Book 576,Page 195, Records of Washington County,
Oregon, with the Southwesterly line 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 011°
30' 00" West 22.22 feet 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 feet
to a point of curvature;thence 56.47 feetlalong 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 ipril 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, 1990, Recorder's Fee No. 90-08131,and by
instrument recorded June 29, 1994,as Recorder's Fee No. 94-062510. .
G
�a v RFENBUR CITY OF TIGARD
G R O Approved by la Hing RECEIVED ` ;f /
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NOT A PART _ _ Date: AUG 10 2015
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JCPENNE`' j RETAIL
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...... 29,379 SF BUILDING 7525 166th Ave. NE,Ste.D210
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S.W. SCHOLLS FERRY ROAD . ``f mit.
SITE PLAN
HWY. 217 NORTH
Applicant's Statement/Narrative Addressing TDC 18.360.050.B.1-11:
1. There will not be an Increase in Density going from a Restaurant to a Temp
Halloween Store nor any increase in the footprint on the property.
2. There is no addition nor dwelling units proposed.
3. The Parking for this use is less than what was previously there. Plus there is
significantly more Parking available than required.
4. The Building will remain Commercial and Retail just restaurant to Sales. The
structure remains the same.
5. There will be no addition to the height of the building.
6. No changes to Accessways or Parking areas will be made.
7. There will not be an increase in Vehicular Traffic to and from in that the
Traffic will be less than what existed under the location as a Restaurant.
8. There is no increase in floor area.
9. With the removal of the bar and with the planned layout of Product display
there will be a net increase in open space area.
10.There will be no change in Amenities, recreational, Screening or Landscaping.
All we will be doing is cleaning out the Furniture and booths that the restaurant had,
removal of the Bar and the leveling of an elevated seating area to match floor with
the bar level so that we can build a ramp to access that area of the store.
We will also provide a Unisex ADA Compliant bathroom and a clear path to access it.
We will be occupying the building from September through October.
Thanks for your consideration of this matter.
Guy Gibson
Dirty Work RECEIVED
503 720 7558 AUG 10 2015
CITY OF TIGARD
PLANNING/ENGINEERING