ARU2015-00008 NOTICE OF TYPE I DECISION
ACCESSORY RESIDENTIAL UNIT (ARU) 2015-00008 =
OAK STREET ESTATES
120 DAYS = April 22, 2016
SECTION I. APPLICATION SUMMARY
FILE NAME: OAK STREET ESTATES ACCESSORY RESIDENTIAL UNIT
CASE NO.: Accessory Residential Unit (ARU) ARU2015-00008
PROPOSAL: The applicant proposes to construct one house with a built-in accessory residential
unit on Lot 22 in the Oak Street Estates Subdivision.The accessory residential unit
will be 493 square feet in size, and will be located inside a detached, single-family
dwelling. Off-street parking will be provided for both the primary residence and
accessory residential unit.
APPLICANT: Lennar Northwest,Inc.
Attn: Mike Loomis
11807 NE 99 h Street
Vancouver,WA 98682
OWNER: Same as applicant
LOCATIONS: 10258 SW 67`h Avenue
WCTM 1S136AA,Tax Lot 12700
COMPREHENSIVE
PLAN
DESIGNATION: R-4.5: Low-Density Residential.
ZONING
DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to
accommodate detached single-family homes with or without accessory residential
units at a minimum lot size of 7,500 square feet. Duplexes and attached single-
family units are permitted conditionally. Some civic and institutional uses are also
permitted conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapter 18.710.020
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 1\'.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
ARU2015-00008 OAK STREET ESTATES Page 1 of 3
SECTION III. BACKGROUND INFORMATION
Site Information:
The subjectproperty was originally approved as Lot 22 in the Oak Street Estates Subdivision
(SUB2014-00001). The 0.16-acre site is located east of SW 67`h Avenue, and north of SW Oak Street.
The property is zoned R-4.5 (Low-Density Residential), as are properties to the north, south, and west.
Properties to the east are under the City of Portland's jurisdiction.
Proposal Description:
The applicant proposes to construct one house with a built-in accessory residential unit on Lot 22 in
the Oak Street Estates Subdivision. The accessory residential unit will be 493 square feet in size, and
will be located inside a detached,single-family dwelling. Off-street parking will be provided for both the
primary residence and accessory residential unit.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.710 ACCESSORY RESIDENTIAL UNITS
18.710.020 Standards
A. Location.As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are
permitted as limited uses in all zones where detached,single-family dwelling units are
permitted.
The property is located within the R-4.5 zone,where detached, single-family dwellings are permitted.
Therefore,an accessory residential unit is permitted on this property.This standard is met.
B. Limitations.An accessory residential unit is permitted providing there is compliance with
all of the following standards:
1.An accessory residential unit may be created within or as an addition to a detached single
family dwelling. For the purposes of this chapter, "addition" means the sharing of a common
wall with the primary residence.A garage may not be converted to an accessory residential unit
unless it is rebuilt as part of the primary structure;
The accessory residential unit will be created within a detached,single-family dwelling.This standard is
met.
2.An accessory residential unit may not exceed 50%of the size of the primary unit,up to a
maximum of 800 square feet;
The proposed primary unit will approximately 2,687 square feet,and the proposed accessory residential
unit will be 493 square feet.The unit is less than 50%of the size of the primary unit,and is below the
maximum of 800 square feet. This standard is met.
3.The number of residents permitted to inhabit the accessory residential unit is regulated by
the State Building Code;
The applicant proposes one permanent resident in the accessory residential unit.This standard is met.
4. Either the primary or accessory residential unit must be owner-occupied;
The primary unit will be conveyed to a property owner,who will reside in either the primary or
accessory residential unit. This standard is met.
ARU2015-00008 OAK STREETESTATES Page 2 of 3
5.A primary residence in which an accessory residential unit has been created may have only
one home occupation;
City records for this property show no current home occupation permits on file.This standard is met.
6. In addition to the number of parking spaces required for the primary residence, as
established in Chapter 18.765, one parking space shall be provided for the accessory residential
unit.This parking space shall be paved and/or covered;
The minimum required off-street parking for a detached, single-family unit is one parking space.The
accessory residential unit is also required to have one parking space.The applicant's narrative states the
detached,single-family unit will include a three-car garage,and a paved driveway that can accommodate
two additional vehicles.Accordingly, staff finds there is adequate parking for both the primary and
accessory residential units.This standard is met.
7.The front door of the accessory residential unit shall not be located on the front facade of the
primary unit unless the door is already existing;
The front door of the accessory residential unit is proposed on the west facade,while the front door of
the primary residential unit is on the north fagade.This standard is met.
8.There shall be compliance with all development standards established in the base zone.
Staff reviewed the applicant's submitted site plan to determine that both the primary and accessory
residential units meet all the development standards for the R-4.5 zone. This standard is met.
FINDING: Staff finds the proposed Accessory Residential Unit meets all applicable standards of
the City of Tigard Community Development Code.
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:
An Accessory Residential Unit 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 DECEMBER 30, 2015
EE AND BECOMES EFFECTIVE ON DECEMBER 31, 2015
,Questions
If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&dggrd-or.gov.
�: u December 30,2015
APPROVED BY: Lina Smith
Assistant Planner
ARU2015-00008 OAK STREET ESTATES Page 3 of 3
APPLICANT
MATERIALS
RECEIVED
City of Tigard DEC 2 3 2015
COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING I 0F 'nARD
Accessory Residential Unit — Type I Application
PROPOSAL SUMMARY
The owners of record of the subject property request an
Accessory Residential Unit as described: REQUIRED SUBMITTAL
Primary unit area: square feet ELEMENTS
Accessory Residential unit area: LN square feet
Owner sSignature/Written
An accessory residential unit may not exceed 50 percent of the size of the Authorization
primary unit,up to a maximum of 800 square feet. d Plan(2 copies)Transfer Instrument or Deed
Accessory Unit will be: �Within primary E] An addition ;'1<'1it'e/Plot
d8z"x 11
'
")
Owner will occupy: Primary unit El Accessory unit
te/Plot Plan(reduced /
Narrative(2 copies)address criteria
Total number of off-street parking spaces (min.one for each unit): 18.710.020
rrt C I,�/ (application Fee 'Vi J1/'9� (,N-*/
S
Property address/location: �J�
--j7aj7r TSR
FOR STAFF tTSE ONLY
Tax map and tax lot #: f X/&&A 4/a-7e0
Case No.(s):
Comprehensive plan/zone designation: Related Case No.(s): ' 19-00"3
7 Application Fee: -73S7 G��
Site size:
Application Accepted:
APPLICANT: By: L S Date:
Name: keaaaf- Application Determined Complete:
Address: IV By:�� Date: /
� c.
City/state: 1 ,0 d -, yV - zip: I:\CURPLN\Masters\Land Use Applications Rev.01/15/2015
Phone: mail: �CD&t j /U1/a,%;CVM
PROPERTY WNER/DEED HOLDER(S)* Same as Applicant
Name:
Address:
City/state: Zip:
Phone: Email:
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.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 1 of 2
1
THE APPLICANTS) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subj ce=t ILper
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of applicant and each owner of the subject property required.
MIV-l� �►,n��– D1217t.�nn__ bi=v��c'�nv.�� t2lz3/ij
Applicant's si r Print name Dat _
1AWL b" S
Owner's signa Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
Owner's signature Print name Date
ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION
City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
Washington County,Oregon 2015-025280
D-DW
Stn=4 K GRUNEWALD 04108/2015 01:04:03 PM
$100.00$11.00$5.00$2,785.00$20.00 $2,921.00
THIS SPACE RE I,Richard Hobernicht,Director of Assessment and Taxation and Ex.
`,r• c' Officio County Clerk for Washington County,Oregon,do hereby
; ,1, certify that the within instrument of writing was received and
recorded in the book of records of said county.
Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
After recording return to:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
Vancouver , WA 98682
Until a change is requested all tax
statements shall be sent to the
following address:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
p Vancouver, WA 98682
File No.: 7000-2387825(srm)
�o Date: February 06, 20.15
STATUTORY WARRANTY DEED
U Oak Street Holdings Company SB LLC, as to an undivided 33.3%interest; VLS Oak Street
CC W LLC, as to an undivided 33.3% interest and Armory Holdings LLC as to an undivided 33.3%
interest, Grantor, conveys and warrants to Lennar Northwest, Inc.,a Delaware corporation ,
Q Grantee, the following described real property situated in Washington County, Oregon, and described on
Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B
attached hereto:
The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are
being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030)
Page 1 of 3
APR
s M F,k, THIS SPACE RESERVED FOR RECORDER'S USE
•r
After recording return to:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
Vancouver, WA 98682
Until a change is requested all tax
statements shall be sent to the
following address:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
Vancouver, WA 98682
File No.: 7000-2387825(srm)
Date: February 06, 2015
STATUTORY WARRANTY DEED
Z
UOak Street Holdings Company SB LLC, as to an undivided 33.3% interest; VLB Oak Street
WLLC, as to an undivided 33.30/a interest and Armory Holdings LLC as to an undivided 33.30/0
interest, Grantor, conveys and warrants to Lennar Northwest, Inc., a Delaware corporation ,
Q Grantee, the following described real property situated in Washington County, Oregon, and described on
Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B
CCattached hereto:
U.
The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are
being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030)
Page 1 of 3
APN: 8277499 Statutory Warranty Deed File No.:7000-2387825(srm)
-continued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 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 OR 215.010,
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, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,
CHAPTER 855, OREGON LAWS 2009, AN jj SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010.
Dated this day of l�' J 20
Oak Street Holding Company SB, LLC, an VLB Oak Street, LLC, an Oregon limited
Oregon li ited liability company liability company
k
y: John S Bigg i Ur. b r By: Vincent L BIggi , Member
Armory Holding Company MB, LLC, an
Oregon limited liability company
By: Michael R Biggi , M - r
Page 2 of 3
APN: R277499 Statutory Warranty Deed File No.: 7000-2387825(srm)
continued
STATE OF Oregon )
)SS.
County of Clackamas )
4�b)
This instrument was acknowledged before me on this day of �� 20
by John S Biggi Jr.,Member of Oak Street Holding Company SB, LLC; Vincent L. Biggi, Member of VLB
Oak Street LLC and Michael R. Biggi, as Member of Armory Holdings LLC , on behalf of the limited
liability company.
Notary Public for Oregon
My commission expires: 6/19/17
ICIAL SEAL
:NOTAIRY
IR MARSDEN
UBLIC-OREGON
SION NO,478GMY COMRES JUNE 19,201
Page 3 of 3
r ,
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described
as follows:
A PARCEL OF LAND SITUATE IN THAT TRACT OF LAND DESCRIBED IN BOOK 285, PAGE
657, WASHINGTON COUNTY DEED RECORDS IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE
WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND
STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A TWO INCH IRON PIPE ON THE NORTHERLY RIGHT OF WAY LINE OF
SW OAK STREET, MARKING THE INITIAL CORNER OF FUR VALLEY, THENCE NORTH
0017' EAST, 1059.03 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID FUR
VALLEY AND ITS NORTHERLY EXTENSION TO A 5/8 INCH IRON ROD WITH AN
ALUMINUM CAP ON THE NORTHERLY BOUNDARY LINE OF SECTION 36, TOWNSHIP 1
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY,
OREGON; THENCE NORTH 89058' EAST, 300.00 FEET ALONG SAID SECTION LINE TO A
5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 761.91
FEET, PARALLEL WITH THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY,TO A 5/8
INCH IRON ROD WITH AN ALUMINUM CAP; THENCE NORTH 89°29' WEST, 100 FEET,
PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, TO A 5/8
INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 300.00 FEET,
PARALLEL WITH SAID EASTERLY SUBDIVISION BOUNDARY LINE,TO A 5/8 INCH IRON
ROD WITH AN ALUMINUM CAP ON SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK
STREET; THENCE NORTH 89°29' WEST, 200.00 FEET ALONG SAID NORTHERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING.
NOTE. This Legal Description was created prior to January 01, 2008.
Exhibit B
• Easement, Including terms and provisions contained therein:
Recording Information: July 17, 2009 as Fee No. 2009 065417
In Favor of: Clean Water Services
For: Sanitary Sewer
EXHIBIT"A"
LEGAL DESCRIPTION
A parcel bf land situate In that tract of land described In Book 285, page 657, Washington
County peed Records In the Northeast quarter of the Northeast quarter of Section 36,
Township 1 South, flange 1 West of tha Willamette Meridian, In the City of Tigard, County of
Washington and State of Oregon, more particularly described as follows.,
Beginning at a two Inch Iron pipe on the Northerly right of way line of SW oak Street,
marking the Initial corner of Fur Valley; thence North 0017' Bast, 1059.03 feet along the
Easterly boundary line of said Fur Valley and Ili Northerly extension to a 5/8 Inch Iran rod
with on alurnlnurn,cop on the Northerly boundary line of Section 36, Township I South,
Range 1 West of the Willamette Merldlan, Washington County, Oregon; thence North
89"58` East, 300.00 feet along sold 5ectlan line to a 5/8 inch Iron rod with an aluminum
cap; thence South 0017' West, 761.91 feet, parallel With the Easterly boundary line of sold
-Fu?valldy;'t8'a'S/13 fc h lydii�o.with' IM
reek, parallel with sold Northerly right of way line of SW Oak Street, to a 5/8 inch Iron red
with an aluminum cap; thence South 0017' West, 300.00 feet, parallel with said Vasterly
subdivision boundary line, to a 5/8 inch Iron rod with an aluminum cap on said Northerly
right of way line of SW Oak Street; thence forth 89°2g' West, 200.00 feet along said
Northerly right of way line.to the paint of beginning.
Oak Street 11 PSA v3 012715
EXHIBIT "B"
FORM OF MEMORANDUM OF AGREEMENT
See Attached.
1
i
i
i
Oak Street 1I PSA vG 020415
EXHIBIT "C"
FORM OF DEED
See Attached.
THIS SPACE RESERVED FOR RECORDER'S USE
After recording return to:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
Vancouver, WA 98682 '
Until a change is requested all tax
statements shall be sent to the
following address:
Lennar Northwest, Inc.
11870 NE 99th Street, Suite 1170
Vancouver, WA 98682
File No.: 7000-2387825(srm)
Date: February 06, 2015
STATUTORY WARRANTY DEED
Oak Street Holdings Company SB LLC, as to an undivided 33,3% interest; VLB Oak Street
LLC, as to an undivided 33.3% interest and Armory Holdings LLC as to an undivided 33.3%
interest, Grantor, conveys and warrants to Lennar Northwest, Inc.,a Delaware corporation ,
Grantee, the following described real property situated in Washington County, Oregon, and described on
Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B
attached hereto:
The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are
being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030)
Page 1 of 3
Al
APN: R277499 Statutory Warranty Deed File No.: 7000-2387825(srm)
-continued
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD
INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO
195.336 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 OR 215.010,
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, AND TO INQUIRE ABOUT THE
RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305
TO 195.336 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.
Dated this day of_ 20
Oak Street Holding Company SB, LLC, an VLB Oak Street, LLC, an Oregon limited
Oregon limited liability company liability company
By: John S Biggi Jr., , Member By: Vincent L Biggi , Member
Armory Holding Company MB, LLC, an
Oregon limited liability company
By: Michael R Biggi , Member
Page 2 of 3
APN: R277499 Statutory warranty Deed File No.:7000-2387825(srm)
-continued
STATE OF Oregon )
)ss.
County of Clackamas )
This instrument was acknowledged before me on this day of 20
by John S Bigg! Jr.,Member of Oak Street Holding Company SB, LLC; Vincent L. Biggi, Member of VLB
Oak Street LLC and Michael R. Biggi, as Member of Armory Holdings LLC , on behalf of the limited
liability company.
Notary Public for Oregon
My commission expires: 6/19/17
Page 3 of 3
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described
as follows:
A PARCEL OF LAND SITUATE IN THAT TRACT OF LAND DESCRIBED IN BOOK 285, PAGE
657, WASHINGTON COUNTY DEED RECORDS IN THE NORTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE
WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND
STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A TWO INCH IRON PIPE ON THE NORTHERLY RIGHT OF WAY LINE OF
SW OAK STREET, MARKING THE INITIAL CORNER OF FUR VALLEY; THENCE NORTH
0°17' EAST, 1059.03 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID FUR
VALLEY AND ITS NORTHERLY EXTENSION TO A 5/8 INCH IRON ROD WITH AN
ALUMINUM CAP ON THE NORTHERLY BOUNDARY LINE OF SECTION 36, TOWNSHIP 1
SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY,
OREGON; THENCE NORTH 89°58' EAST, 300.00 FEET ALONG SAID SECTION LINE TO A
5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 761.91
FEET, PARALLEL WITH THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY,TO A 5/8
INCH IRON ROD WITH AN ALUMINUM CAP; THENCE NORTH 89°29` WEST, 100 FEET,
PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, TO A 5/8
INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 300.00 FEET,
PARALLEL WITH SAID EASTERLY SUBDIVISION BOUNDARY LINE,TO A 5/8 INCH IRON
ROD WITH AN ALUMINUM CAP ON SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK
STREET; THENCE NORTH 89°29' WEST, 200.00 FEET ALONG SAID NORTHERLY RIGHT
OF WAY LINE TO THE POINT OF BEGINNING.
NOTE: This Legal Description was created prior to January 01, 2008.
Exhibit B
• Easement, including terms and provisions contained therein:
Recording Information: July 17, 2009 as Fee No. 2009 065417
In Favar of: Clean Water Services
For: Sanitary Sewer
EXHIBIT "D"
ASSIGNMENT AND BILL OF SALE
VLB Oak Street, LLC, an Oregon limited liability company, Oak Street Holdings Company SB,
LLC, an Oregon limited liability company and Armory Holding Company MB, LLC, an Oregon
limited liability company (collectively "Assignor"), for good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, hereby assigns, transfers, sets over
and conveys Lennar Northwest, Inc., a Delaware corporation("Assignee"), all of Assignor's right,
title and interest in and to all the real property (the "Real Property") described on Exhibit A,
attached hereto, including, without limitation: (i) all appurtenant rights to the Real Property,
including privileges, tenements, estates, interests and easements; (ii) all buildings and
improvements on and under such Real Property; (iii) to the extent assignable, all governmental,
licenses, permits, approvals, certificates of occupancy (if any), applications, subdivision plats or
maps, entitlements, certificates, rights under development agreements, school fee mitigation
agreements, building permit and development allocations, and any other declarant or
development rights relating to such Real Property; (iv) all utility and other licenses, permits and
other approvals that are in effect for the current use and operation of the Real Property; (v) all
plans and specifications relating to such Real Property or improvements, and all engineering,
environmental, soil, seismic and geologic reports, studies and certificates and other documents
relating solely to such Real Property or improvements; (vi) to the extent assignable, all
warranties and guaranties relating to such Real Property or improvements; (vii) the
Reimbursements, Fee Credits and other Intangibles; (viii) all tangible personal property and
fixtures owned by Assignor and located on or attached to the Real Property; and (ix) all of
Assignor's right, title and interest in, to and under any and all declarations and other similar
documents pursuant to which Assignor has any rights as a developer, declarant or the like, or any
rights under any property owner's association, architectural control committee or the like.
All capitalized terms not defined herein shall have the meanings given to them in that
certain Purchase and Sale Agreement and Escrow Instructions dated February 5, 2015, between
the Assignor, as Seller, and the Assignee, as Buyer.
TO HAVE AND TO HOLD the same unto Assignee and its successors and assigns
forever.
[SIGNATURE ON THE FOLLOWING PAGE]
Dated as of day of 12015.
VLB Oak Street,LLC, an Oregon limited liability company
By:
Printed Name: Vincent L. Biggi
Title: Member
Armory Holding Company MB,LLC, an Oregon limited liability company
By:
Printed Name: Michael R. Biggi
Title: Member
Oak Street Holding Company SB,LLC, an Oregon limited liability company
By:
Printed Name: John S. Biggi,Jr.
Title: Member
STATE OF Oregon )
ss.
County of }
On this day of , 2015, before me, personally appeared Vincent L. Biggi
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity as member of VLB Oak Street,LLC, an Oregon limited liability
company and that by his/her signature on the instrument the entity upon behalf of which the
person acted, executed the instrument.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
STATE OF Oregon )
) ss.
County of )
On this day of , 2015, before me, personally appeared Michael R. Biggi
who proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument and acknowledged to me that he/she executed the same in
his/her authorized capacity as member of Armory Holding Company MB, LLC, an Oregon limited
liability company and that by his/her signature on the instrument the entity upon behalf of which
the person acted, executed the instrument.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
STATE OF OREGON }
}ss.
COUNTY OF }
On this day of , 2015, before me, personally appeared John S. Biggi,Jr. who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity as member of Oak Street Holding Company SB,LLC,an Oregon limited
liability company and that by his/her signature on the instrument the entity upon behalf of which
the person acted, executed the instrument.
NOTARY PUBLIC FOR OREGON
My Commission Expires:
EXHIBIT "E"
FORM OF ASSIGNMENT OF CLAIMS
Effective as of the day of , 2015 (the "Effective Date"), Oak Street
Holding Company SB, LLC, an Oregon limited liability company, VLB Oak Street, LLC, an
Oregon limited liability company, and Armory Holding Company MB, LLC, an Oregon limited
liability company(together with its successors and assigns, collectively, "Assignor"), for good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does
hereby sell, transfer, and assign unto Lennar Northwest, Inc., a Delaware corporation, and its
successors and assigns (collectively, "Assignee"), all of Assignor's right,title, and interest to any
and all present and future settlements, claims, choses in action, causes of action, actions, and
lawsuits, in law or in equity, and other rights of any nature, whether in contract or in tort
(including, without limitation, all rights to insurance proceeds and recovery against bonds), that
Assignor has or may have relating to, in connection with, or arising out of its acquisition,
financing, ownership, or development of the real property described in Exhibit A attached hereto
(the "Property") in connection with any work relating to the Property, and all improvements
thereon (collectively, the "Claims"), including,but not limited to, all claims against any and all
engineers, consultants, contractors,lenders, governmental entities, subcontractors, and suppliers.
By signing and returning this Assignment of Claims, the Assignor and Assignee hereby
agree as follows:
1. Assignor hereby irrevocably and absolutely assigns to Assignee all of its right,
title, and interest in and to the Claims including, without limitation, any and all rights, if any, to
any action or relief attendant to such Claim or to which the holder of such Claim may be entitled
under applicable law. The foregoing assignment shall not limit Assignor's right to defense, under
any assigned insurance coverage, of third party claims against Assignor.
2. Assignor agrees to cooperate, as reasonably requested (and at Assignee's sole cost
and expense) with any efforts by Assignee or its insurance carriers in their efforts to collect funds
expended by Assignee in the prosecution of any action or the completion of any settlement of
any Claims, such cooperation to include reasonable access to all non-privileged documents in the
case in the custody or control of Assignor, including, without limitation, expert reports, and
inspections on the subject property (provided, however, that if any such information is subject to
a confidentiality restraint the recipient will agree to observe confidentiality on the comparable
terms).
3. Assignor agrees that: (a) if any payments relating to the Claims shall be made to
Assignor after the Effective Date, it will receive and hold the same in trust for Assignee and will
forthwith upon receipt deliver the same to Assignee in the identical form of payment received by
Assignor; and (b) it will execute and deliver all such further instruments and do all such further
acts and things as Assignee may reasonably request or as shall be necessary or desirable to
further and more perfectly assure to Assignee its rights with respect to the Claims.
Contractor is responsible to check
site plans and notify designer of ' o
any errors or omissions prior to SAN\ s sAN \� sAN sitN` ` s N N \\ SAN '�� s sSAN —
start of construction. Plans and �� ,
specifications shall be approved
----SW 67TH AVENUE—}--' , ----- - _ _ --,--� _ ----- - T=�� --
by local building officials prior STM
STM sTan �srM srM
to the start of any construction. ` / STM suv,\
WAT AT\ S o ` WAT WAT/
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SITE LEGEND: i P�ROETWA
ECTION TION N
Utility Symbols: ' \ - 0I,
a �
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FIRE HYDRANT ° ,
' SIDEWALK
��B" u�
CATCH BASIN TRACT �
YZM
STREETLIGHT
.. CONCRETE b
11
DRIVEWAY
o 8�_0��W \\
SANITARY SEWER P.U.E. v
TREE PROTECTION
18' 3�� 10'- STORM \
STORM DRAIN o PROVIDE GRAVEL STAGING 5'-0', i I LATERAL \\ I FOR ANY TREE WITH
AREA AT DRIVEWAY.
_W_ WATER LINE (2" MIN QUARRY SPALLS FOR 39V43bs nm y� ��y3 SANITARY �\ \ ORANGE DASHED
SINGLE FAMILY SITES). I , 39V�9 N I I LATERAL \
Fence Types: p i
LINE.
CITY OF TIGA I GARAGE °I WET WEATHER EROSION NOTES:
0 0 6A" WOOD FENCE T.O.E.=335.25
(See Fencing Plan if Necessary) Approved by Planning MAIN 1. DURING WET WEATHER SEASON
'� F.F.E.-336.2 I SILT FENCE (OCTOBER 1-APRIL 30)ALL SOILS
Date: EXPOSED FOR MORE THAN 2 DAYS
I SHALL BE COVERED WITH PLASTIC
Street Tree Types: - ao'-o �.
initials: L, oQ - o0LL i SHEETING,OR A 2-INCH LAYER OF
_ q o MULCH, BARK,WOOD CHIPS,
LO
ACER TRUN. x ACER PLAT. o SAWDUST,OR STRAW TO MINIMIZE
1
'SUNSET MAPLE' I I °I p EROSION POTENTIAL.
2"CAL. \
`A0 bE"
Y�Vi13AOJ 3l8YAI1 I I 2. EXPOSED SOILS SHALL BE SEEDED
NV-?Ib3VVV I NO LATER THAN SEPTEMBER 15T.
CLADRASTIS KENTUKEA „394I218NId8„
YELLOWOOD' I °
2"CAL. 3h b08Isr \\ I EROSION CONTROL NOTES:
T-0"
SYRINGA RETICULATA 1 I 33� __10''_0" 1. A STABILIZED GRAVEL
'JAPANESE TREE LILAC' l CONSTRUCTION ENTRANCE SHALL BE
1-1/2"CAL. 1 2 2 I INSTALLED AS FIRST SITE
1 �.�evi
1 I Ord \\ i I ACTIVITY.
ACER RUBRUM "BOWHALL" 1 I 2. EROSION CONTROL MEASURES
BOWHALL MAPLE'
1-1/z°cAL. � I _ SHALL BE INSPECTED DAILY AND
1 MULCH-ESTABLISH \�I °I MAINTAINED AS NECESSARY TO
/ GRASS o Y ENSURE THEIR FUNCTION.
PYRUS CALLERYANA1" `r I , ° 3. EROSION CONTROL MEASURES
CHANTICLEER PEAR' 1 RETAINING 0
� WALL � SHALL BE KEPT IN PLACE UNTIL
2'CAL. \ PERMANENT GROUND COVER IS
_o � ESTABLISHED. ni"
TREE
PROTECTION
y
FRAXINUS OXYCARPA `�� PROTECTION
'RAYWOOD ASH'
1-1/z"CAL.
16gb 55.00'
PROPOSED COVERAGE AREA: REVISIONS Street Address:
MINIMUM BUILDING SETBACKS — SITE PLAN
HOUSE:......................................... 1,739 Sq.Ft. DRAWN: 09-30 2015 MJG
GENERAL REQUIREMENTS FOR LOTS REVISED: 09-30-2015 MJG 61—L—
LENNAR
OAK STREET ESTATES Q c,n/ +h p
GARAGE: ......................... 582 Sq.Ft. 10258 V V V 6711 1 AVG
COVERED ENTRY:.......................... 32 Sq.Ft. FRONT HOUSE: ........... 20 FT. (From P.L.)
11807 N.E. 99th Street COVERED PATIO:........................... 0 Sq.Ft. FRONT PORCH.............. 20 FT. (From P.L.) CITY OF TIGARD, WASHINGTON CO, OREGON
Suite 1170 PATIO:(IMPERVIOUS)...................... 168 Sq-Ft. GARAGE: ..................... 20 FT. (From P.L.) m HOME SITE # 22
DRIVEWAY: (IMPERVIOUS)............. 456 Sq.Ft. 0 20' LOCATED IN THE NE 114 OF SECTION 36,
Vancouver, WA 98682 REAR YARD: ... ... 15 FT. (From P.L.)
Office: 360.258.7900 TOTAL COVERED/IMPERV. AREA:=2,977 Sq.Ft. SIDE YARD: ................. 5 FT. (From P.L.) TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN 6,875 Sq.Ft.
80% MAX. ALLOWABLE:............ =5,500 Sq.Ft. STREET SIDE: . 15 FT. (From P.L.)
PROPOSED COVERAGE %.......... = 43.3% """"""
CITY OF TIGARD
Approved by Planning
Date: v S'
Initials: �S
I 1 I
Contractor is responsible to check
site plans and notify designer of r \ r
any errors or omissions prior to /\ ' N `�
SAN ��SAN sal s SAN \ sAu SAN—
start of construction. Plans and \ \
—5W 67TH AVENUE—�—L-
specifications shall be approved
-- --- :- ---� — -- --a_ - -------�--�=L----
by local building officials prior r STM—rte—STM STY `STM STM ' STM
to the start of any construction. ' �' ' ` WAT�' / ' ` yy �,'—WA�' ` WAT
AT
SITE LEGEND: ATS, WAS N r r 1
Utility Symbols: ' ` ; 11
FIRE HYDRANT AL i _ r - — - 1=• -CATCH
-
CATCH BASIN TRACT 1181' Mia ,
_ i
' .
-_ --+--- -- - ---'—� _ �------ - --
STREET LIGHT � � 11 2 b \ \
SANITARY SEWER
R o 8'-01.W\'
P.U.E. TREE PROTECTION
`
-R-R-^- STORM DRAIN PRbvIDE TRAVEL ST'ATIN6 5,°, 18'-3" '°' LSATAL \\ FOR ANY TREE WITH
ORM
AREA AT DRIVEWAY. \
(2•MIN QUARRY SPALLS FOR ,yy� I`1` SANITARY \ \ ORANGE DASHED
—W WATER LINE 39vav9 S"B
SINGLE FAMILY SITES). I yo LATERAL� I , \
Fence Types: '� 1 , \ , LINE.
GARAGE ' I .) ` WET WEATHER ER05ION NOTES:
�--�� 6'-0"WOOD FENCE 1 T.0.5.=335.25 j �\
(See Fencing Plan if Necessary) I MAEXPOSED
pl I \ 1. DURING WET WEATHER SEASON
1 1 F.F. -336.2 I SII.T FENCE (OCTOBER 1-APRIL 30)ALL SOILS
1 ' 1 I ° ``
Street Tree Types: 40'-0' LL BE COVERED WITH PLASTIC I
\ SHEETING,ORA 2-INCH LAYER OF
OACER TRUN.x ACER PLAT, g § I O \\ MULCH. ARK,WOOD STRAW TO MINIMIZE
2 MINIMIZE MAPLE' �1 � 1 °N ', EROSION POTENTIAL.
1 11 I a°r,o,m�"r�„r, ` I I N ` 2. EXPOSED SOILS SHALL BE SEEDED
`I ' NV7IN3WY ` I `\ NO LATER THAN SEPTEMBER SST.
CLADRASTIS KENTUKEA P
� I
wEuowooD' I ' � I 94It18NIY8�� I ` \ \
2"CAL. '1 1 ,6y VOBIE `\ I \\ EROSION CONTROL NOTES: \
® SYRINGA RETICULATA ' 1.
C A STABILIZED TRAVEL
'JAPANESE TREE LILAC' 1 9 10'-0' , CONSTRUCTION E SHALL BE \
1-1/2•CAL 1 ` 2 2 I \ INSTALLED AS FIRRSTST SITE
\
1 I I ,:p ACTIVITY. \
AGER RUBRUM"BOWHALL" 2. EROSION CONTROL MEASURES
'SOWHALL MAPLE' I \I °I \ SHALL BE INSPECTED DAILY AND \
1-1/2•CAL. 1 § MULCH-ESTABLISN \I \\ MAINTAINED AS NECESSARY TO \
I i TRA55 I ENSURE THEIR FUNCTION.
PYRUS CALLERYANA RETAINING ' 3. EROSION CONTROL MEASURES
'CHANTICLEER PEAR' '\
\ - --- ------- -J'LJ WALL \ SHALL BANE KEPTIN PLACE UNTIL
Ip
2°CAL. PERMENT GROUND COVER I5
ESTABLISHED.
WE
- - - - Y
FRAXINUS OXYCARPA :! °PO1EC10N
'RAYW000 ASH'
1-112•CAL0
PROPOSED COVERAGE AREA: REVISIONS
MINIMUM BUILDING SETBACKS SITE PLAN Street Address:
HOUSE:.........................................1.739 Sq.Ft DRAWN:07-22-21115 Y
JG
GARAGE....................................... 582 Ft GENERAL REQUIREMENTS FOR LOTS My�p;09-3lN2015 YJG
LENNAR Sq.Ft OAK STREET ESTATES 10258 SW 67th Ave
COVERED ENTRY........................... 32 Sq.Ft Z
11807 N.E.99th Street COVERED PATIO:........................... 0 Sq.Ft. FRONT HOUSE ........... 20 FT. (From P.L)
Suite 1170 PATIO:(IMPERVIOUS)...................... 168 Sq.Ft. FRONT PORCH.............. 20 FT.(From P.L) CITY OF TIGARD,WASHINGTON CO, OREGON
DRIVEWAY: (IMPERVIOUS)............. 456 Ft GARAGE ..: ...............15 FT. (From P.L) HOME SITE#22
Vancouver,WA 98682 n REAR YARD: ............... 15 FT. (From P.L) 0 20' LOCATED IN THE NE 1I4 OF SECTION 98,
TOTAL COVERED MPERV.AREA:-2,977 S Ft TOWNSHIP t SOUTH.RANGE 1 WEST,WILLAMETTE MERIDIAN
Office: 360.258.7900 SIDE YARD: .................. 5 FT. (From P.L) 6,875 Sq.Ft.
82X-MAX. ALLOWABLE:............ =5,500 Sq.Ft. q'
,. _.. ___ ._-_ STREET SIDE ............. 15 FT. (From P.L.) -...�� .�� ....�..��
LE N NAIT
Community: Oak Street Estates
Subject:Narrative-Accessory Residential Unit Application
Plan: Bainbridge—3,180 SF
Lots: 22
Applicable Code: Chapter 18.710—Accessory Residential Units
Lennar is the first production homebuilder to offer a solution for the multi-generational family, living
under one roof,the Next Gen home. The home provides both privacy and togetherness associated with
many of today's families. Such introduction to Oak Street Estates is specifically applicable to the City's
required 18.710.020.
18.710.020—Standards
A. Location—The subject community is zoned R-4.5 residential. Condition is met.
B. Limitations
1. The accessory residential unit is created within the detached single-family residential dwelling.
Such unit is not a garage conversion. Condition is met.
2. Accessory residential unit is 493 SF of 2,687 SF total unit, or 18.3%. The accessory dwelling
unit is less than 50% of the primary unit size and is less than 800 SF maximum. Condition is met.
3.As with all other homes in the community, each home with lot will be conveyed to a single
owner. Hence,the number of residents will be no different than any of the other homes in the
community(ie: A home of similar square footage,with similar bedroom and bathroom count will
accommodate a similar number of occupants). Condition is met.
4. Each home will be conveyed to single owner. Condition is met.
5.As noted in#3,above, each home with lot will be conveyed to a single owner. Condition is
met.
6. The plan provides for(3)car parking(tandem) garage and(2) spaces on the paved driveway.
Condition is met.
7. The exterior door for the accessory residential unit is located on the side of the home. Further,
the accessory residential unit has an interior door providing connectivity to the primary unit.
Condition is met.
8. The application complies with development standards in the base zone. Condition is met.
11807 NE 991h Street, Ste. 1170—Vancouver, WA 98682 Office 360 258-7900 Fax 360 258-7901
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