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MMD2014-00012 MMD2014 - 00012 ongstaff Apartments Leasing Office NOTICE OF TYPE I DECISION r MINOR MODIFICATION (MMD) 2014-00012 LONGSTAFF APARTMENTS LEASING OFFICE 120 DAYS = 9-19-2014 SECTION I. APPLICATION SUMMARY FILE NAME: Lon stg aff Apartments Leasing Office CASE NO.: Minor Modification (MMD) MMD2014-00012 PROPOSAL: The applicant proposes to convert a portion of the ground floor of Building 3 from a temporary sales office that served the original condominium project to a permanent leasing office for the current apartment complex. APPLICANT: Mitchell Snyder Architecture LLC OWNER: MACH 1 GE-ASHBROOK,LLC C/o Mitchell Snyder 1477 NW Everett St. 1722 NE Alberta St. Portland, OR 97209 Portland, OR 97211 LOCATION: 9378 SW Mandamus Court;WCTM 1S135AC,Tax Lot 02500. COMPREHENSIVE PLAN AND ZONING DESIGNATION: R-12: medium-density residential district. The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: The applicable Community Development Code Chapters for the proposed modification includes: 18.360, 18.390, 18.510,and 18.780. SECTION II. DECISION Notice is hereby given that the Cite of Tigard Community Development Director's designee has APPROVED the above request subject to conditions of approval. The findings and conclusions on which the decision is based are noted in Section I�,. MMD2014-00012 LONGSTAFF APARTMENTS LEASING OFFICE Page 1 of 4 CONDITIONS OF APPROVAL THE FOLLOWING CONDITION SHALL BE SATISFIED PRIOR TO A FINAL BUILDING INSPECTION: Submit to the Community Development Department (Gary Pagenstecher, 639-4171, ext. 2434) for review and approval: 1. Prior to final building inspection, the applicant shall submit a sign permit application for any proposed signs. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information and Site Histom: SDR2005-00011 approved a 43-unit, eight building, attached residential condominium project on a 4.98-acre site. TUP2009-00003 approved the conversion of the ground floor portion of Building 3 from garages to a sales office with a model unit above. The temporary use expired when 50°'o of the condominiums sold. Subsequently the project was converted to apartments which gives rise to the proposed conversion to a permanent leasing office. Vicinity Information: The subject site is zoned R-12 and is located east of 95`h Avenue south of SW Shadv Lane and immediately adjacent to Hwy 217. The site is bounded on the south by property zoned R-12 and R-4.5. Description of the Request: The applicant proposes to convert a portion of the ground floor of Building 3 from a temporary sales office that served the original condominium project to a permanent leasing office for the current apartment complex. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.360.060 Minor Modification(s) to Approved Plans or Existing Development Minor modification defined. Any modification which is not within the description of a major modification as provided in Section 18.360.050 shall be considered a minor modification. Approval criteria. A minor modification shall be approved, approved with conditions or denied following the director's review based on the finding that: The proposed development is in compliance with all applicable4equirements of this title; and FINDING: As described in the applicant's narrative and plan set, and as provided in the findings for the applicable standards below, staff finds that all applicable requirements of this title are satisfied subject to conditions of approval with this decision. The modification is not a major modification. FINDING: Staff finds that based on the applicant's narrative and plan set, the threshold changes to determine a major modification, listed in TDC 18.360.050.B(1-11), have not been exceeded, or do not apply. MMD2014-00012 LONGSTAFF APARTMENTS LEASING OFFICE Page 2 of 4 Residential Zoning Districts (18.510 The R-12 zoning district is designed to accommodate a full range of housing types at a minimum lot size of 3,050 square feet. A wide range of civic and institutional uses are also permitted conditionally. The proposed modification of Building 3 to include a permanent leasing office is permitted in the R-12 zoning district as accessory to the primary use, which is residential. No new uses are proposed with this application. Residential Development Standards,Table 18.510.2 The applicant proposes a permanent accessory leasing office in Building 3 for the existing apartment comp ex. The proposed tenant improvements for the permanent leasing office use will require permits by the Building Department including plumbing, electrical, and mechanical permits and must also address occupancy separation between the existing residential use of the second floor of Building 3. FINDING: The residential development standards in Table 18.510.2 do not apply to the proposed modification. Signs (18.780) Permits Required: No sign or sign structure shall hereafter be erected, re-erected, constructed, structurally altered or relocated within the City limits except as provided by this title, and a permit for the same sign or sign structure has been issued by the Director. FINDING: The applicant submitted photos with the application showing a temporary banner sign above the roof of Building 3 and a pole/monument sign in front. Signs must meet the requirements of Chapter 18.780.130.13 for sign type, area, height and location. A condition shall be imposed to ensure compliance with the sign standards. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice was posted at City Hall and mailed to: 1 The applicant and owners 1 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 JUNE 5, 2014 AND BECOMES EFFECTIVE ON JUNE 6, 2014. MMD2014-00012 LONGSTAFF APARTMENTS LEASING OFFICE Page 3 of 4 Questions: If you have any questions, please contact Gary Pagenstecher at (503)718-2434, garypkti�ard-or.gov or by mail to the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon, 97223. Attachments: Vicinity Map Site Plan GJune 5, 2014 APPRO'ED Y: Ga , Pagenstecher, Associate Planner DATE MMD2014-00012 LONGSTAFF APARTMENTS LEASING OFFICE Page 4 of 4 a a• MITCHELL ----------- ------------- I 44'-411 fi" 1722 PIE ALBERTA T 1'_101" 505RTLA111D.OR 7eiA 33154lII3 SEE DWG. A4 I 12 - 1 o�D - - - tn MITCHELL B.SNYDER STORAGE I\ II ROOMj\� iII RTLAND,OREGON1NEW BA H #5708NEW 36"X80" DOOR L — T — — — — OF OFFICE 12'-62„ _ — I 1 — — — — — — — — — — 12'-102" — — — - I EXISTING 21' ASHBROOK WALL ACCESSIBLE 1'-6" REMOVED GARAGE LEASING OFFICE (TO REMAIN) ir- 14'-5 1 " 9378 SW MANDAMUS CT LEASING OFFICE 16 r -- REMOVED DOOR 11 11 TIGARD, OR ENTRY!STAIR (TO UNIT OVE) REMOVED I I 97223 GARAGE DOORS 6' it 7'-3" NEW 36"X48" J NEW 72"X80" I II JOB N0: 1423 DOUBLE FRENCH HUNG I DOORS DATE: 05.22.2014 I I WNDOWS i I 2' �_ _ `— - REV: C /1 —— I / \ F-1I I I I I - BUILDING AREAS 01 FLOOR PLAN - 1ST FLOOR N 1ST FLR SCALE: 1/4"= V-0" - UNIT C ENTRY/STAIR =46SF - GARAGE = 353SF FLOOR PLAN - LEASING OFFICE =443SF CITY OF TIGARD 2ND FLR -� - UNIT C = 926SF OPPreved..-----•-•--•..................... ^,once ::a��taliy Approved.................... [X zor only the work as described in: A2 TOTAL BUILDING = 1794SF �ER-MIT I.I.O. See Lettt-r to: Follow...................... I I Attach.......................[ ) Job A� Applicant's Statement Date: May 22, 2014 General Information Owner Mach 1 GE-Ashbrook, LLC 1427 NW Everett St. Portland, OR 97209 Phone: (503) 299-6000 Applicant: Mitchell Snyder Architecture LLC 1722 NE Alberta St. Portland, OR 97211 Contact: Mitchell Snyder Phone: (503) 319-4183 E- mail: mitch@msnyderarch.com Site Location: 9378 SW Mandamus Court Legal: 151 W35AC TL 2500 Site Size: 4.8 acres Land Use Designation: R- 12 Request The applicant requests a minor modification to the approved Longstaff Apartments plan. The minor modification request is to convert two existing garage spaces in Building 3 in to a leasing office. The garages had been previously converted to a Sales office under Temporary Use Permit TUP2009- 00003. That temporary use permit expired when 50% of the then condominiums sold. However, the complex was converted from Condominiums to rentable Apartments and the new proposed office is intended to be used as a permanent leasing office. The new proposed leasing office retains the modifications created for the existing former Sales office, but with the addition of a bathroom. Previously, the unit on the second floor above was a model unit allowing the sales staff to utilize its bathroom. However, the unit is now rented and a bathroom is necessary within the proposed Leasing office. The new proposed bathroom is fully ADA compliant. The garages which had been converted to the Sales office and are proposed to remain converted for the proposed Leasing office were not required for the overall required parking for the complex. The third garage is proposed to remain for use by the rented unit on the second floor above. Compliance with the City of Tigard Development Code: Minor Modification. To review a modification as a Minor Modification, the Director must first find that the expansion does not invoke one or more of the 11 criteria discussed within Section 18. 360.050( B) of the Tigard Development Code. 1. An Increase in dwelling unit density or lot coverage for residential development. Response: The proposed modification does not increase dwelling unit density or lot coverage for residential development. All work is interior remodeling within Building 3. 2. A change in the ratio or number of different types of dwelling units. O3N (4t--Seg p1.V.,A psi, f�l.fic,riL-;,,ham M.rrs . �T u.,xv1 J6 L sM pw1-r�►T Tv kIA-'`l[ A- Goc CGaf AODR6*ss04 occ�►�� stf� �ATSG� - nes Response: The proposed modification does not change the ratio or number of different types of dwelling unit. 3. A change that requires additional on- site parking in accordance with Chapter 18.765. Response: The modification does not require additional on-site parking: Required 1-Bedroom Units (1.25/DU) 14 Units = 17.5 Spaces 2-Bedroom Units (1.5/DU) 29 Units = 43.5 Spaces Proposed Leasing Office (2.7/1000 sq. ft.) 443 sq. ft. = 2.7 Spaces Total Required 64 Spaces Total provided /existing Surface Parking = 31 Spaces (8 of which located at proposed Leasing Office) Garage Parking = 43 Spaces (does not include two garage spaces proposed for conversion to office) Total provided /existing 74 Spaces 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code. Response: There proposed modification does not change the type of structure. 5. An increase in the height of the building( s) by more than 20%. Response: The proposed modification does not affect the height of the buildings. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected. Response: The proposed modification does not alter the access ways or parking areas within the plan. 7. An increase in vehicular traffic to and from the site and increase can be expected to exceed 100 vehicles per day. Response: The proposed modification will not increase vehicular traffic to and from the site more than 100 vehicles per day. 8. An increase in the floor area proposed for a non- residential use by more than 10% excluding expansions under 5, 000 square feet. Response: The proposed modification is 443 sq. ft. which is less than 5,000 sq. ft. 9. A reduction in the area reserved for common open space and/or usable open space that reduces the open space area below the minimum required by this code or reduces the open space area by more than ten percent. Response: The proposed modification is interior only in Building 3, the site plan and landscape are not affected. 10. A reduction of project amenities (recreational facilities, screening, and/or, landscaping provisions) below the minimum established by this code or by more than 10% where specified in the site plan. Response: The proposed modification is interior only in Building 3, the site plan and landscape are not affected. 11. A modification to the conditions imposed at the time of Site Development Review approval that are not the subject of Criteria 1 through 10 above. Response: There are no modifications required to the existing conditions of approval. Conclusion: This narrative demonstrates compliance with the review criteria for a minor modification; therefore the applicant respectfully requests approval of this application. too, � n City of Tigard Minor Modification — Type I Application GENERAL INFORMATION Property Address/Location(s): 9378 SW Mandamus Court In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Tax Map&Tax Lot#(s): WCTM 1 S 135AC, Tax Lot 02500 Title 18 of the Tigard Development Code. To complete this review, the Applicant's proposal must include a Site Size: 4.98 Acres discussion indicating how the site expansion/change will Applicant*: Mitchell Snyder Architecture LLC continue to comply with the maximum setback, building height, parking, and landscaping standards. Other Address: 1722 NE Alberta St. requirements of this title such as clear vision, solid waste City/State: Portland, OR Zip: 97211 storage, non-conforming situations, signs, and tree Primary Contact: Mitchell Snyder removal may also be applicable depending on the type and Phone: 503-319-4183 Fax: location of the proposed modifications. E-Mail: mitch@msnyderarch.com Property Owner/Deed Holder(s)*: (Attach list if more than one) LL REQUIRED SUBMITTAL ELEMENTS Address:/177 /UCy �,kr 6r Phone: -608 (Applications will not be accepted without the City/State: Oil Zip: ?720cffollowing requited submittal elements) * When the owner and the applicant are different people, the [��lpplication Form applicant must be the purchaser of record or a lessee in %net's Signature/Written Authorization possession with written authorization from the owner or an Tide Transfer Instrument or Deed agent of the owner. The owner(s) must sign this application to the space provided on the back of this form or submit a � 1te Plan(4 Large Plans&One—Reduced to 81/2"x 11'� written authorization with this application. L] Applicant's Statement/Narrative(4 copies) Filing Fee Minor Modifications: Minor Modifications are 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(8)(2)—Conditional Use. If the "/3 020 modification exceeds the maximum allowed under any one or Case No.(s): 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. Fee: Autilicant's Statement: Receipt No.: The applicant's statement must include a summary of the Date: � " proposed changes. Criteria in either 18.360.050(B) or 18.330.020(B)(2) must be addressed with a detailed response Application Accepted B to each criterion. Failure to provide the information needed Date Determined Complete: to process the application would be reason to consider an Rerised: 6/24/2013 application incomplete and delay review of the proposal. 1`CURPLN\Mastcrs\land use A Gcations\Minor Modificanon.do- City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 503-718-2421 1 www.tigard-or.gov I Page 1 of 2 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 ution 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?�� day of �A'Y 20 { Owner's Signature Owner's ignature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard 1 13125 SW Hall Blvd.,Tigard,OR 97223 1 503-639-4171 1 www.tigard-or.gov I Page 2 of 2 Washington County,Oregon 2014-021078 D-DW Stn=1 C WHITE 04/14/2014 10:45:37 AM After Recording,Return To: $5.p000$35.00$20.00$11.00$7,126.00 $7,204.00 $15tticltard Hobernlcht,Director of Assessment and Taxation and Ex- Offielo County Clark for Washington County,Oregon,do hereby Dunn Carney Allen Higgins&Tongue LLP certify that the within Instrument of writing was received and recorded in the book of records of said county. 851 SW Sixth Ave. Suite 1500 Richard Hobernichl,Director of Portland,OR 97204 Assessment and Taxation,Ex-officio Attn: Gil Parker SPECIAL WARRANTY DEED AND RESTRICTIVE COVENANT TRA 43, LLC, an Oregon limited liability company ("Grantor") conveys and specially warrants to MACH I GE-ASHBROOK,,LLC, an Oregon limited liability company ("Grantee") that certain real property located in the City of Tigard, County of Washington, State of Oregon, more particularly described in Exhibit A attached hereto and incorporated herein by this [" reference(the"Property"). OThe true consideration for this conveyance is$7,128,000.00. The Property is subject to the exceptions to title set forth on Exhibit B attached hereto and incorporated herein by this reference, and is further subject to the following restrictive covenant: U For a period of nine (9) years after the recording of this Special Warranty Deed (the X "Restrictive Period"),Grantee,its successors and assigns,shall not allow or cause the Property to become subject to the Oregon Condominium Act (ORS Chapter 100) or any other form of Q ownership which would allow individual living units to be sold as separate legal lots or parcels, tocondominium units or townhouses. The Property is improved with forty-three (43) living units in eight(8)separate buildings. During the Restrictive Period, Grantee, its successors and assigns, shall only lease the individual living units to the members of the public. During the Restrictive Period,no portion of the Property shall be subdivided or partitioned. Nothing in this restrictive covenant shall prohibit the Grantee, its successors and assigns, from transferring all Property and improvements located thereto in a single transfer to a new owner. Grantor and Grantee, by the acceptance of this Special Warranty Deed, agree that this restrictive covenant touches and concerns the Property and shall run with the Property for the Restrictive Period. Grantee acknowledges and agrees that Grantor, its successors and assigns will be materially and adversely impacted by a breach of this restrictive covenant and Grantor,its successors and assigns, including but not limited to, VCTJ, LLC, an Oregon limited liability company, VERGEPOINTE CAPITAL, LLC, an Oregon limited liability company, OAKRIDGE ESTATES DEVELOPMENT CORPORATION, an Oregon corporation and J.T. SMITH COMPANIES, an Oregon corporation, shall be entitled to enforce this restrictive covenant by injunctive or other equitable remedies, in addition to any other remedies available at law. This 709940.0001/5979630.1 restrictive covenant shall automatically terminate at the end of the nine (9) year period commencing on the recording of this Special Warranty Deed. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSONS RIGHTS, IF ANY, UNDER ORS 195.300 (Definitions for ORS 195.300 to 195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES 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 THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 (Definitions for ORS 92.010 to 92.192) OR 215.010 (Definitions), TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS - AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930 (Definitions for ORS 30.930 to 30.947), AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300(Definitions for ORS 195.300 to-195.336), 195.301 (Legislative findings) AND 195.305 (Compensation for restriction of use of real property due to land use regulation) TO 195.336 (Compensation and Conservation Fund) AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. [Remainder of page intentionally left blank] 2 709940.0001/5979630.1 Dated this�day o �/ ,2014 SELLER TRA 43,LLC,an Oregon limited liability company By: VERGEPOINTE CAPITAL FUND XIV,LP, a Delaware limited partnership,its Manager By: VCFGP XIV, LLC,an Oregon limited liability company,its General Partner By: VCJT,LLC, an Oregon limited liability company,its Sole Member By: Scott Roberts,Manager By: M ew Vance,Manager By: S anager [Acknowledgments follow] 3 709940.0001/5979630.1 STATE OF OREGON ) )SS. County of ) On this_ day ofA , 2014, before me, the undersigned Notary Public, personally appeared Scott Ro erts, Manager of VCJT, LLC, an Oregon limited liability company, Manager of VCFGP XIV, LLC, an Oregon limited liability company, General Partner of VERGEPOINTE CAPITAL FUND XIV, LP, a Delaware limited partnership, Manager of TRA 43, LLC, an Oregon limited liability company (the "Limited Liability Company"), personally known to me or proved to me on the basis of satisfactory evidence to be an authorized agent of the Limited Liability Company and that he executed the Bargain and Sale Deed and acknowledged the Bargain and Sale Deed to be the free and voluntary act and deed of the Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the Bargain and Sale Deed and in fact executed the Bargain and Sale Deed on behalf of the Limited Liability Company. Notary Public for r/y� OFFICIAL STAMP GLORIA J MILLER NOTARY PUBLIC-OREGON STATE OF OREGON ) COMMISSION NO.926251 )ss. MY COMMISSION EXPIRES MARCH 12,2018 County of ) On this_ day of ��/ , 2014, before me, the undersigned Notary Public, personally appeared Matthew ance, Manager of VCJT, LLC, an Oregon limited liability company, Manager of VCFGP XIV, LLC, an Oregon limited liability company, General Partner of VERGEPOINTE CAPITAL FUND XIV, LP, a Delaware limited partnership, Manager of TRA 43, LLC, an Oregon limited liability company (the "Limited Liability Company"), personally known to me or proved to me on the basis of satisfactory evidence to be an authorized agent of the Limited Liability Company and that he executed the Bargain and Sale Deed and acknowledged the Bargain and Sale Deed to be the free and voluntary act and deed of the Limited Liability Company,for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the Bargain and Sale Deed and in fact executed the Bargain and Sale Deed on behalf of the Limited Liability Company. OFFICIAL.STAMP QLJDRIA J MILLER Notary Public for Y � E, f NOTARY PUBLIC-OREGON COMMISSION NO.926251 MY COMMISSION EXPIRES MARCH 12,2018 [Acknowledgments continue] 4 709940.0001/5979630.1 STATE OF OREGON ) ss. County of ) On this d`y of 2014, before me, the undersigned Notary Public, personally appeared Jeffre4 , --ana�er of VCJT, LLC, an Oregon limited liability company, Manager of VCFGP XIV, LLC, an Oregon limited liability company, General Partner of VERGEPOINTE CAPITAL FUND XIV, LP, a Delaware limited partnership, Manager of TRA 43, LLC, an Oregon limited liability company (the "Limited Liability Company"), personally known to me or proved to me on the basis of satisfactory evidence to be an authorized agent of the Limited Liability Company and that he executed the Bargain and Sale Deed and acknowledged the Bargain and Sale Deed to be the free and voluntary act and deed of the Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the Bargain and Sale Deed and in fact executed the Bargain and Sale Deed on behalf of the Limited Liability Company. Notary Public for OFFICIAL STAMP GLORIA J MILLER NOTARY PUBLIC-OREGON COMMISSION NO.920251 MY COMMISSION EXPIRES MARCH 12,2018 5 709940.0001/5979630.1 Exhibit"A" Real property In the County of Washington, State of Oregon,described as follows: Portions of Lots 18, 19, 20, 24, and 25 of the plat "Ashbrook Farm", located in the Northeast One-Quarter of Section 35, Township 1 South, Range 1 West,Willamette Meridian, City of Tigard, Oregon, being more particularly described as follows: Beginning at a 5/8 inch iron rod at the westerly northwest corner of Parcel 3 of Partition Plat No. 1995- 084 and being a point on the easterly line of Lot 23 of the plat"Ashbrook Farm"; thence along said east line North 00010'00" West 362.42 feet to a 1/2 inch iron pipe at the northeast corner thereof and being a point on the south line of Lot 19 of said plat; thence along the south line of said Lot 19 South 89'50'00" West 229.64 feet to a 5/8 Inch iron rod with an orange plastic cap inscribed "ALPHA COM. DEV."; thence along the east line of the tract per Document Number 2014-013457 North 00123'42" West 124.54 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "PARIS &ASSOC. PLS 2264"at the northeast corner thereof; thence along the north lines of Document Number 2.014-013457, Document Number 2014-013458, and Document Number 2014-013456 South 89137'59"West 230.29 feet to a 5/8 inch iron rod with a red plastic cap inscribed "CENTERLINE CONCEPTS INC."; thence along the east right-of-way line of SW 95th Avenue(27,00 feet from centerline) North 00°10'00" West 111.83 feet to a 5/8 inch iron rod with a red plastic cap inscribed "CENTERLINE CONCEPTS INC."; thence along the south line of Document Number 2007-133816 North 89°50'00" East 229.85 feet to a 5/8 inch iron rod with a red plastic cap inscribed "CENTERLINE CONCEPTS INC."at the southeast corner thereof; thence along the east line of the tract per Document Number 2009-079897 North 00°23'42"West 28.06 feet to a 5/8 inch iron rod inscribed "AKS ENGR."on the southwest right-of-way line of State Highway No. 217; thence along said southwest right-of-way line South 56031'07" East 854.35 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "AKS ENGR." on the west line of the plat "Graham Acres"; thence along said west line South 00014'04" East 146.80 feet to a 5/8 inch iron rod with an orange plastic cap inscribed "ALPHA COM, DEV.";thence along the north line of Document Numbers 2010-096178, 2011-037377, and 2003-172937 South 89010'29" West 380.72 feet to a 5/8 inch iron rod with a yellow plastic cap inscribed "GAYLORD PLS 929"on the east line of Parcel 3 of Partition Plat No. 1995-084; thence along the east line of said Parcel 3 North 00010'00"West 5.98 feet to a 5/8 inch iron rod with a red plastic cap inscribed "CENTERLINE CONCEPTS INC."at the northeast corner thereof; thence along the north line of said Parcel 3 South 8859'30"West 62.04 feet to a 5/8 Inch Iron rod with a red plastic cap inscribed"CENTERLINE CONCEPTS INC."; thence continuing along said north line South 76031'36"West 27.71 feet to a 5/8 inch Iron rod with a red plastic cap inscribed "CENTERLINE CONCEPTS INC."; thence continuing along said north line South 88059'30" West 11.00 feet to the Point of Beginning. EXHIBIT "B" Statutory powers and assessments of Clean Water Services. Limited access provisions contained in Deed to the State of Oregon, by and through State Highway Commission recorded November 20, 1961 in Book 453 and Page 208 Deed of Records, which provides that no right of easement or right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property. Limited access provisions contained In Deed to the State of Oregon, by and through State Highway Commission recorded March 05, 1962 in Book 458 and Page 351 Deed of Records, which provides that no right of easement or right of access to,from or across the State Highway other than expressly therein provided for shall attach to the abutting property. Easement,including terms and provisions contained therein: Recording Information: June 6, 1995 as Fee No. 95-038457 In Favor of: Adjacent property owner For: Private Storm Drainage The above document was re-recorded October 17, 1995 as Fee No. 95-075218 Easement, including terms and provisions contained therein: Recording Information: March 25, 2008 as Fee No. 2008-026141 In Favor of: The City of Tigard For: Sanitary Sewer Easement, including terms and provisions contained therein: Recording Information: April 18, 2008 as Fee No. 2008-035056 In Favor of: Tualatin Valley Water District For: Water mains,service lines and meters Tree Restrictive Covenant Deed Restriction, including terms and provisions thereof. Recorded: December 27, 2012 as Fee No. 2012 110525 Any rights, interest or claims which may exist or arise by reason of the following facts shown by survey Job 3171 last updated April 3, 2014 by AKS Engineering and Forestry, LLC and Inspection of said land: a. 8'x 8' shed appears to be used by Tax Lot 7800. Hedge, edge of landscaping falls 2' - 17' North of line. b. Hogwire fence falls N89050'00" E 0.3' - 2.1' C. Wood fence corner falls N89050'00"E 1.1'and Wood fence"tee"falls N89150'00' E 0.6' d. Landscaping North of property line. North face of wall 12,8'North of right-of-way line. North face of wall 4.5' North of right-of-way line, CITY OF TIGARD RECEIPT 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 Receipt Number: 196176 - 05/22/2014 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2014-00012 Minor Modification to an Approved Plan- 100-0000-43117 $84.00 LRP MMD2014-00012 Minor Modification to an Approved Plan 100-0000-43116 $567.00 Total: $651.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 1027 JFLOYD 05/22/2014 $651.00 Payor: THE RESERVE AT ASHBROOK Total Payments: $651.00 Balance Due: $0.00 Page 1 of 1 MACH 1 GE-ASHBROOK, LLC, an Oregon limited liability company By: Mach I GE Investments LLC, a Delaware limited liability company Its: Sole Member By: Gerding Edlen Core Plus I, LLC, an Oregon limited liability company Its: Administrative Manager By: Gerding Edlen Investment Management, LLC, a Delaware limited liability company Its: Manager By: Molly Bordonaro, Senior VP of Investment Management � l I i.ria t Ao— apat I' El 1� -NEC= O v 0 Wa F n FZ W W O N � wsump ps xap hs,rtu, i rc Z R-47M� �a+t r,r*ueo'xox.�w�xc' u n I O 5lpNMRe vMRi TRxtl,r•A'ixl(RvµS x N� e'RVX tl F<� ekral m „e.r.�ns x 7 Y R.4 PO to mar ` <a cna sn. - iO.MtMS SEWS �a J .asnar t.xoSCME eu.—[ R 4 lair ec.ol 5µL 1`YAMa SiNlf '-, aana!• g A; er _ ap ar I 4 .+% 5' ,vwr ••rwo sous ti, y ar rnas ZQ n n n ILIIIJII ft --- -c' LI W _ a as R.4=... 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'f;'.. � ® .�.,... cr 1 sane Q rz i era 08 12 r-e Rii z°"' A 00 0 n BICYCLE STALL n ACCESSIBLE STALL DETAIL /� SHEET ORDER:A $ D MITCHELL ASH BROOK APARTMENTS - LEASING OFFICE SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND,OR 97211 PROJECT DATA INDEX 503.319.4183 ADDRESS: { 9378 SW MANDAMUS CT. { �� SD BUILDING 3 C TIGARD, OR 97223 Q , ' TAX ID#: ci MITC LLB.SNYDER a 1S135ACO2500 TAX ACCOUNT#: Z R270655 g PORTLAND,OREGON #5708 �® SITE AREA: o N i'UFtiv6p 4.98 ACRES (216,928.8 SF) N Lo CONSTRUCTION TYPE: TYPE VB ARCHITECTURAL SHEETS 0 CS COVER SHEET 0 Al VICINITY MAP & BLDG. COMPLEX SITE PLAN 0 A2 FLOOR PLAN - 1ST FLOOR ASHBROOK 0 A3 FLOOR PLAN - 2ND FLOOR 0 A4 BATHROOM PLAN & INTERIOR ELEVATIONS LEASING OFFICE 0 A5 EXTERIOR ELEVATIONS 9378 SW MANDAMUS CT DIRECTORY TIGARD,OR OWNER(S): 97223 MACH 1 GE-ASHBROOK, LLC 1477 NORTH WEST EVERETT PORTLAND, OR 97209 JOB NO: 1423 TEL: DATE: 05.22.2014 CONTACT: ARCHITECT: MITCHELL SNYDER ARCHITECTURE LLC Rte' 1722 NE ALBERTA ST. PORTLAND, OR 97211 TEL: 503.319.4183 CONTACT: MITCHELL SNYDER GENERAL CONTRACTOR: HAMMER & HAND 1020 SOUTHEAST HARRISON ST PORTLAND, OR 97214 TEL: 503.232.2447 CONTACT: KEVIN GUINN COVER SHEET CCB#: 10511 cs MITCHELL SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND.OR 97211 503.319.4183 DASHED UNE INDICATES EXTENT R-12 Zawq OF RED PAINTED CURB WITH /� WHITE LETTERED - PARKING- C $TORMWA TER VAULT STENCIL AT 50'INTERVALS 4WALK ------- ------------------------------- - PROJECT LOCATION ------------------------------------------------------------------- ----------' MITCH LLB.SNYDER BICYCLE 8 PARKING STALLS STALL AT 8.5'x185' '_J R•12 PD � ' ---_---" Zanrtg L 20.00' MAIL • 20 FRONT ` YARD r screncK � � O � � j O ORT #5708 EGON 1.67 1 4'WALK O \\ _______ ___ _________________ ___`\ - 10 PARKING STALLS -moll ` { 1 eAT 8.5'x18.5' State Highway 217 10' SIDE YARD 1]', 3 — MUE•1 Zoning SETBACK AND LANDSCAPE BUFFER C r R-12 Za" 2 BlcvcLE A2 STALL A2 2 PARKING STALLS Ir AT 8.5'08.5' I i n SITE PLAN - BLDG. COMPLEX I I ® I 5 � A PARKING STALLS AT 9x18.5' Bld 02 SCALE: NTS Iold& 3.67 & �� L------------------------------------------- ASHBROOK SETBACK YARD AND -m PAv oT ��� SOUND WALL LEASING OFFICE LANDSCAPE BUFFER C 10'SIDE R-12 ZomigO YARD SETBACK I 6 9378 SW MANDAMUS CT I TIGARD, OR I - ® 97223 BICYCLE I STALL &4P%Iex I JOB NO: 1423 O : : : : : : : . &Pwx ...•.• DATE: 05.22.2014 .. . :x' �Q: �:. . .. REV: Zcrl :o®®:. m. . . . �. . . . . . : :� :.. . . . .'. .. . . . . . . . . . .a . . . . . .®. ,. VICINITY MAP N :_:;: . .' '. . . . . .'.'�.:.'. ® ©. . : . . VP�tlana Bvtfe SITE PLAN �eaKy � PROJECT LOCATION n VICINITY MAP S x V I SCALE: NTS REAR YARD LINE R4S Zoning Al ElElSNY ER MITCHELL 44'-416" ARCHITECTURE 1'-102" I 1722 NE ALBERTA ST PORTLAND.OR 97211 2" SEE DWG. A4 503.319.4183 I I �0D AIC,- - - - - - - - - - - - - - - - - 4t tig � O MITCHELL B.SNYDER STORAGE7 I I I / i � � I II • OREGON NEW 36"X80" ' NEW BA HROOM II t� DOOR II I OFFICE II I 12'-62" II I 12'-102" I 2' II I 11' II I II I II I II EXISTING 21' 1'-6" WALL II ACCESSIBLE ASHBROOK REMOVED II GARAGE LEASING OFFICE - I (TO REMAIN) j 1 r LEASING OFFICE 14'-516 9378 SW MANDAMUS CT REMOVED DOOR ENTRY)STAIR (TO UNIT OVE) REMOVED 97223 , OR 11'-11" II I 97223 61 GARAGE DOORS I II I T-3" NEW 36"X48" I I NEW 72"X80" I DOUBLE FRENCH II i 10B NO: 1423 HUNG II DOORS WINDOWS DATE: 05.22.2014 I 2' - - REV: I I El I I I I I I L----------------- - BUILDING AREAS HFLOOR PLAN - 1 ST FLOOR N SCALE: 1/4"= 1'-0" 1ST FLR UNIT C ENTRY/STAIR=46SF - GARAGE = 353SF FLOOR PLAN - LEASING OFFICE =443SF 2ND FLR - UNIT C= 926SF TOTAL BUILDING= 1794SF A2 MITCHELL SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND,OR 97211 503.319.4183 OD Al?o DECK C7 MITCH LLB.SNYDER I I J-- • r ORT ND,OREGON al CLOSET o -----_ 1A #5708 �O OF OgQV - __ BATH W.I.C. KITCHEN O DINING ASHBROOK �S LEASING OFFICE NO WORK THIS FLOOR 9378 SW MANDAMUS CT TIGARD, OR 97223 }1 MASTER BEDROOM JOB NO: 1423 LIVING DATE: 05.22.2014 II BEDROOM REV: I I I I FLOOR PLAN FLOOR PLAN- 2ND FLOOR N 01 SCALE: 1/4" = 1'-0" A3 MITCHELL SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND.OR 97211 503.319.4183 SD ARC�f MIT HELL B.SNYDER } 3'-6" 3'-4" PORTLAND,OREGON #5708 �O GRAB BARS TP DISP 8" o Y N M Z 1 � FINT. ELEV. - BATHROOM -W �� INT. ELEV. - BATHROOM - S - REQ'D CLEAR FLOOR AREA ASHBROOK SCALE: 1/4"= 1'-0" L"� SCALE: 1/4"= 1'-0" AT LAV (30" X 48"), TYP. LEASING OFFICE - REQ'D 60" DIA TURN-AROUND AREA, TYP. 9378 SW MANDAMUS CT REQ'D CLEAR FLOOR AREA F PAPER TOWEL DISP AT TOILET (56" X 60"), TYP. TIGARD,OR 97223 MIRROR 11' / / 3'-6" JOB NO: 1423 SOAP DISP4 V-6" DATE: 05.22.2014 Ll .�` 2-0 ,-0" GRAB BAR / I " I I \ I 1 _ \I REV- IM 2 E2 \ • I I 1 I °9 M aZ14 2 c) x 3'-10" - - - j INT. ELEV. - BATHROOM -E �INT. ELEV. - BATHROOM - N I SCALE: 1/4" = 1'-0" �` SCALE: 1/4" = 1'-0" -- NEW INT. PARTITION WALL GYP. WALLBOARD OVER, FLOOR PLAN & 2X4 FRAMING @ 16" O.C. OVER, GYP. WALLBOARD INT. ELEVATIONS HFLOOR PLAN - BATHROOM N � SCALE: 1/4"= l'-0" A4 MITCHELL SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND.OR 97211 503.319.4183 ,$OD ARC �~ MlTCH B.SNYDER • ORTLAND,OREGON dA #5708 �O 40F Ll iLL 1 ASH13 NiT LEASING OFFICE 9378 SW MANDAMUS CT TIGARD,OR -- - 97223 JOB NO: 1423 DATE: 05.22.2014 i Irk REV: - EXTERIOR ELEVATION-WEST NEW 36"X48" NEW 72"X80" SCALE: 1/4"= 1'-0" DOUBLE FRENCH K HUNG DOORS WINDOWS FLOOR PLAN A5 app 4 � I t� • M}' t � fan 1 - ' /• • • MITCHELL SNYDER ARCHITECTURE 1722 NE ALBERTA ST PORTLAND,OR 97211 �J503.319.4183 DASHED LINE INDICATES EXTENT ��•('j bot �•VOW R•12 Zoning OF RED PAINTED CURB WITH , WHITE LETTERED "NO PARKING" y STORMWATER VAULT STENCIL AT 50'INTERVALS. -- 4'WALK Q 1 -------------------------------------------• } PROJECT LOCATION BICYCLE 8 PAR STALLS 3 STALL Q IK AT . x18.5' R-12 PD , - - - Zorv% 2000' MAIL 1 20'FRONT 1 SETBACK (Bid& O t (Wdg. I O a n�J P ,pP��l DIY DIY a \\ I3.67 4'WALK -- � { 1 � " 10 PARKING ST=.. ` { •y AT 8.5'x18.`. { State Highway 217 10'SIDE YARD {•, 3 — —— —— — MUE-1 Zoning SETBACK AND LANDSCAPE BUFFER C r R-12 Zoning 2 BICYCLE 1 \ A2 A2 STALL 2 PARKING STALLS - Q I AT 8.5'x18.5 I I � 1 (� SITE PLAN - BLDG. COMPLEX ® 6•Plex j 5 � 9 PARKING STALLS AT 9'x185' SCALE: NTS 367 L---------------------------------- --- �� HBROOK t0' ASPHALT SIDE YARD & PAVING \�� SOUND WALL LEASING OFFICE SETBACK AND -- LANDSCAPE BUFFER C I 10'SIDE R•12 Zarft I / YARD SETBACK 9378 SW MANDAMUS CT I TIGARD, OR I I ® 97223 STALLLE 6-Plex end& — I ; JOB NO: 1423 r•" ; 6PIex O 50'Wetland Buffer- : ®.'. '. .` QA1.Acres ®• ® - "E3 '-�m:: DATE: 05.22.2014 ........ . ......... . . . . . .. . . . •. :. - ':': . . . . . . . ®:.:'°�. .Q..-. :Q:: REV: . .. '.. . . . . . . . .. ... ' 6.9.2014 BLDG PERMIT ® mS. . f3.'.�a'. tlaed..® ®®®... . . . m. �... �. ..'.�..'.'.'. q ® t3:..®. ..m.'.'.'. . . . . . . . :- ® : : .'. . .'. . .. . . . . . .Q . . . . . .®.,- VICINITY MAP N . . . . . . . _: _ 3:®.a:. ;; ;o. © SITE PLAN PROJECT LOCATION ;B'_.®;-:-.e•'•._ VICINITY SCALMAP m; L� E: NTS I REAR YARD LINE R.45 Zor ft Al