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MMD2016-00016
MMD2O16 - 00016 Continental Cleaners NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2016-00016 $1 .0.9 CONTINENTAL CLEANERS TIGARD 120 DAYS = September 16, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: Continental Cleaners CASE NO.: Minor Modification(MMD) MMD2016-00016 PROPOSAL: The applicant is proposing a change of use to a tenant space (Suite 50) at 13500 SW Pacific Highway. The space, approximately 1,000 square feet in size, is changing from a personal services use to a repair-oriented retail use, Continental Cleaners. APPLICANT: Continental Cleaners Attn: Corey Nelson 1135 SW Canyon Road Beaverton,OR 97005 OWNER: ROIC Oregon,LLC Attn: Andrea Alo 8905 Towne Centre Drive, #108 San Diego,CA 92122 LOCATION: 13500 SW Pacific Highway,Suite 50 WCTM 2S102CC,Tax Lot 500 ZONING DESIGNATION: C-G: General Commercial District. The C-G zoning district is designed to accommodate a full range of retail, office and civic uses with a city-wide and even regional trade area. Except where nonconforming, residential uses are limited to single-family residences which are located on the same site as a permitted use. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini-warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations,are permitted conditionally. 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. MMD2016-00016 Continental Cleaners 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 13500 SW Pacific Highway; north of SW Hillview Street, south of SW Pacific Highway, and west of SW Garrett Street. The subject property is an approximately 1,000-square-foot tenant space (Suite 50) within an existing shopping center. The approximately 12-acre development site is made up of one parcel and contains multiple commercial buildings, landscaping, and associated parking.The site is zoned General Commercial (C-G). Proposal Description: The applicant is proposing a change of use to a tenant space (Suite 50) at 13500 SW Pacific Highway. The space, approximately 1,000 square feet in size,is changing from a personal services use to a repair- oriented retail use,Continental Cleaners. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states that a Minor Modification shall be approved, approved with conditions or denied following the Director's review and as follows: 1. The proposed development is in compliance with all applicable requirements of this title; and FINDING: Because the applicant has only proposed a change of use, which primarily affects off- street parking regulations, that is the main focus of this review. The change of use is from a personal services use to a repair-oriented retail use. The approximately 12-acre development is a mixed-use, multi-tenant site, and is therefore subject to the required minimum vehicle parking formula outlined in TDC 18.765.030.D. The table below calculates the minimum off-street vehicle requirements based on this formula: Use Category Square Parking Spaces Percentage Total Parking Footage Required Required Spaces Required Saks-Oriented Retail 107,170 322 100% 322 Eating& Drinking 12,600 114 85% 97 Establishment Fast Food Eating& 9,752 69 70% 48 Drinking Establishment Personal Services 3,917 10 60% 6 Motor Vehicle 6,702 13 60% 8 Servicing/Repair Medical/Dental Office 2,450 10 60% 6 Repair-Oriented Retail 1,000 4 60% 2 TOTAL 489 Staff finds that 489 parking spaces are required for the entire shopping center, taking into consideration the change of use discussed above. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 632 parking spaces provided. MMD2016-00016 Continental Cleaners 2 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 1'DC 18.360.050.B.1-11 are either satisfied or do not apply.Therefore,the proposed development is not a major modification.This criterion is met. CONCLUSION: The proposal is a Minor Modification of existing site development and is in compliance with the applicable requirements of this Title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MAY 23, 2016 AND BECOMES EFFECTIVE ON MAY 24, 2016 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSna.tigard-or.gov. May 23,2016 APPROVED BY: Lina Smith Assistant Planner MMD2016-00016 Continental Cleaners 3 APPLICANT MATERIALS RECEIVED City of TigardNI MAY 1 S 2016 s C COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD TIGARD Minor Modification Type I AppINEERING PROPOSAL SUMMARY (Brief description) REQUIRED SUBMITTAL -..A .,.t: i- • -4'..%. _ •_ ._ . ;"'.,1" t.et _ ELEMENTS .. .._ ,a - ._-§ic_L< -._.a.m.. .._ _ _ -, &K. wner's Signature/Written • P.'..! - _. - _ 6 - - ..1.... _ ■.— _ , Authorization _— ,, _r,- _ e .:- -„x. if _ NI T le Transfer Instrument or Deed Site Plan(2 large plans drawn to scale an ne reduced to 8.5"x111/2") 'T o Jk) C( / h11,�' L. L�YApplicant's Statement/Narrative PropertyVie address/location(s): ff 2 copies)Address criteria in: / -Ti.t:k , �a.> , 02- e' 2 T p 8.360.05f1.B.1-11 �,/�, Tax map and tax lot #(s): c S SCG -OD D Filing Fee ((( kc P.-/1-(4v�33 Site size: /1- lP I Oft s-f \f r f "t O\1 \ Applicant: 60...'r .me,C u ¢r►> Case No.: / ni,l)QOJe Wie Address: I11 . Z.P.. c.d.) t7• Related Case No.(s). City/state: ,oata0 i CO- Zip: tet ' .�i Application Fee: 8 Phone: (?7.--•(e4'?-cr-S1 Email: .x\.¢ I.coe+r. Application accepted: By: LS Date: S—h1 PROPERTY OWNER/DEED HOLDER(S)* IA Same as Applicant r Name: 1`t)11C 0-T1i �,+�I.-t�- n ,.�� Application determined complete- Address: LI t 1 1`�'-( t z P 2 4> V O By: Lc Date ��9/lee CA City/state: P I ' 0 CA Zip: `l a-a- 1\CURPLN\MutersWnd Use Apphahons Rev 11/24/2014 Contact name: �A h� l�L� , 1- 4.16.1 LCL 1/ Phone number: . . � .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 18.360.030(B)or 18.330.020(13)(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 tide 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 SV('Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposediipon 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. SIGNATURES of each owner of the subject property required. ,--7„:„,.....,.......„ 6/9/1trc. Ap - is signa Aa Print name Date ,k g' ' -a1, 'okezz m L, ( (0120(-, Own is signature 1111/ Print name Date Owner's signature Print name Date ADDITIONAL OWNER/DEED HOLDER, INFORMATION Name: '20 `6 "e . 1-LC, Name: � r Address: O 1QL� � rn! -Al']©O Address: City/stat' 14110 ), C-f Zip: nom( "City/state: Zip: Signature: warAL____________ Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2014-009397 D-DW Stn=1 C WHITE 0211812014 02:07:18 PM $45.00$11.00$5.00$20.00$25.125.00 $25,206.00 I,Richard Hobernicht,Director of Assessment and Taxation and Ex• Officio Clerk for Washington County,Oregon.do hereby ��s. A`t F.k.r, THIS SPACE RESE certifrecorded y thatin thethe withinbookof instrumentrecordsof ofsaiwritindcogunteastyreceived and •r 1' Richard Hobernicht,Director of ' ,; Assessment and Taxation, Ex-Officio After recording return to: ROIC Oregon, LLC 8905 Towne Centre Drive Suite 108 San Diego,CA 92122 Until a change is requested all tax statements shall be sent to the following address: ROIC Oregon, LLC 8905 Towne Centre Drive Suite 108 SA San Diego,CA 92122 File No.: NCS-644608-0R1 (RR) Date: February 06, 2014 i 6 2 STATUTORY SPECIAL WARRANTY DEED c!_- MK EP Tigard LLC,a Delaware limited liability company,Grantor,conveys and specially warrants to ROIC Oregon, LLC,a Delaware limited liability company, Grantee,the following described real property free of liens and encumbrances created or suffered by the Grantor,except as specifically set forth herein: Subject to those items set forth on Exhibit"B"attached hereto and made a part hereof. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. The true consideration for this conveyance is$25,125,000.00. (Here comply with requirements of ORS 53.030) Page 1 of el RECORDED ELECTRONICALLY laul .i countyWa. V i.-14-14- -rim V01 timpik(tk wwwsimp1Ifile.com 000.460 657 �s. "'t"•k,`.y THIS SPACE RESERVED FOR RECORDER'S USE A. 4. After recording return to: ROIC Oregon, LLC 8905 Towne Centre Drive Suite 108 San Diego, CA 92122 Until a change is requested all tax statements shall be sent to the following address: ROIC Oregon, LLC 8905 Towne Centre Drive Suite 108 :.o San Diego, CA 92122 0 9 File No.: NCS-644608-0R1 (RR) It Date: February 06, 2014 v 'z STATUTORY SPECIAL WARRANTY DEED P MK EP Tigard LLC, a Delaware limited liability company, Grantor, conveys and specially warrants to ROIC Oregon, LLC, a Delaware limited liability company, Grantee, the following described real property free of liens and encumbrances created or suffered by the Grantor, except as specifically set forth herein: Subject to those items set forth on Exhibit"B"attached hereto and made a part hereof. See Legal Description attached hereto as Exhibit A and by this reference incorporated herein. The true consideration for this conveyance is $25,125,000.00. (Here comply with requirements of ORS 93.030) Page 1 of 61 APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-0R1(RR) -continued Date:02/06/2014 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. YL' Dated this 1 0 day of February, 2014. MK EP Tigard LLC, a Delaware limited liability company By: 7 -i 0nn H S (3A . ..1 STATE OF A/Clti YO etc. )ss. County of Pal Yoe ) This instrument was acknowledged before me on this 13 day of FE , 20 t Y' by T 1-t '1 A'S $!-1'-� WI ni as HL'7+(Ouy s��6 rv�f ny of MK EP Tigard LLC,on behalf of the limited liability company. ,�; / VOLODYM'( t7. ttANKF-W\'CZ li w 4� :cc(Ay)/ r�ez-dA-•.,I�� Notary Public, State of New York No. 01.HA6?.22536 Notary Public for Qualified in Queens County Commission Expires May 24, 20 My commission expires: H 441 l( 4.Doi Page 2 of Ci APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-OR1(RR) -continued Date:02/06/2014 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: A tract of land being a portion of the George Richardson Donation Land Claim No. 38, situated in the Southwest one-quarter,Section 2,Township 2 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 Southeasterly corner of that tract of land as conveyed to Heinz Sauerberry recorded in Book 1200, Page 556,Washington County Deed Records,said point also being the Southwest corner of Lot 8, BEREA,a plat of record; thence along the West line of said BEREA plat North 0°43'30" East 240.79 feet; thence along the Westerly adjusted property lines of lots in the plats of BEREA and CRESMER HILLS,as described in Recorder's Fee Nos. 90-55344,90-55343, 90-67243, 90-55342,90-55341,90- 55340 and 90-55339 the following courses: North 0°32'37"West 68.77 feet; North 14°59'28" West,8.38 feet; North 6°57'30" West, 8.19 feet; North 2°30'50" East, 17.60 feet;thence North 6°40'39" East,8.91 feet; North 11°16'32" East,8.42 feet; North 0°02'44" East 42.73 feet; North 8°44'37" West 16.48 feet; North 15°09'40" East, 9.39 feet; North 0°30'37" East,76.40 feet; North 6°14'45" West,9.93 feet; North 9°58'26" East, 7.16 feet; North 0°43'29" East 34.11 feet; North 88°23'20"West, 8.01 feet; North 0°53'25" East,49.60 feet; North 89°52'03" East, 7.41 feet; North 0°25'25" West,35.41 feet; North 89°13'30" West, 6.76 feet; North 0°39'56" East 236.03 feet; North 89°41'49" East, 7.00 feet; North 0°28'30" West 19.08 feet to a point on the Southwesterly line of that tract of land conveyed to Roland and Mary Ingalls, recorded in Book 270, Page 455, Washington County Deed Records,said point bears North 50°28'48" West,a distance of 5.98 feet from the Southeast corner of said Ingalls tract; thence along the Southwesterly line of said Ingalls tract and a Westerly projection thereof, North 50°28'48"West 322.17 feet to the most Northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87 31809,Washington County Deed Records, said point being 48.0 feet,when measured at right angles,from the center line of Highway 99W; thence along the Northwesterly line of said Tigard East Associates parcel and parallel with the center line of said Highway 99W,South 34°23'38" West 391.12 feet to a point opposite Engineer's Station 128+30 of said Highway 99W;thence continuing along said Northwesterly line,South 7°49'44"West 29.07 feet to a point that is 61 feet opposite Engineer's Station 128+56; thence South 27°26'27" West 82.61 feet to a point that is 71.0 feet opposite Engineer's Station 129+38; thence South 59°57'14"West, 25.50 feet to a point that is 60.0 feet opposite Engineer's Station 129+61; thence South 34°23'38"West, 91.00 feet to a point that is 60.0 feet opposite Engineer's Station 130+52; thence South 39°15'02" West, 153.55 feet to a point that is 47.0 feet opposite Engineer's Station 132+05; thence South 18°41'07"West 33.24 feet to a point that is 56.0 feet opposite Engineer's Station 132+37;thence South 30°28'32"West, 73.17 feet to a point that is 61.0 feet opposite Engineer's Station 133+10; thence South 83°32'03" West, 15.61 feet to a point of intersection with the Northwesterly projection of the Southwesterly line of that tract of land as conveyed to Sherman E. Lee recorded in Fee No.80 23996, Washington County Deed Page 3 of ei APN:R466533 Statutory Spedal Warranty Deed rile No..NCS-644608-0R1(RR) -continued Date:02/06/2014 Records; thence along the Southwesterly line of said Lee tract and its Northwesterly projection and also the Southwesterly line of above stated Sauerberry tract South 53°38'52" East 633.24 feet to a point on the North line of FRELEON HEIGHTS NO. 2 a plat of record; thence along the Southerly line of said Sauerberry tract and the North line of said FRELEON plat, North 89°32'42" East 13.41 feet to the Northwest corner of Lot 22, FRELEON HEIGHTS NO. 2; thence along the Northerly line of Fee No. 90-55345 the following courses: North 0°27'18"West 1.15 feet; North 84°39'30" East 11.33 feet; North 89°32'32" East, 74.62 feet; South 85°05'03" East 14.15 feet; South 0°27'18" East 0.79 feet to a point on the Northerly line of said FRELEON PLAT; thence North 89°32'42" East 115.30 feet to the point of beginning. EXCEPTING THEREFROM all building and improvements situated on the following described parcel, as conveyed by instrument recorded May 22, 2008 as Recording No. 2008-046669, which buildings and improvements are and shall remain real property: Commencing at the Southwest corner of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard,County of Washington and State of Oregon; thence, along the Westerly line of the Southwest one-quarter of said Section 2, North 00°40'43" East a distance of 830.41 feet to Engineer's Station 135+36.67 on the centerline of Highway 99W; thence, along said centerline, North 33°57'00" East a distance of 1097.79 feet to Engineer's Station 124+38.88; thence South 56°03'00" East a distance of 48.00 feet to a point on the Southeasterly right of way line of Highway 99W,said point being also the most Northerly corner of that property conveyed to 13500 Pacific Corporation by Warranty Deed recorded January 8, 1991 as Recording No. 91001296, Deed Records of Washington County, Oregon; thence,along the Northeasterly line of said 13500 Pacific Corporation property, South 50°47'20" East a distance of 108.65 feet to a point; thence, departing said Southwesterly line, South 39°12'40" West a distance of 46.29 feet to the point of beginning; thence South 33°56'03" West a distance of 173.29 feet to a point; thence South 56°10'43" East a distance of 79.89 feet to a point; thence North 33°54'21" East a distance of 166.31 feet to a point; thence North 51°11'03"West a distance of 80.10 feet to the point of beginning. PARCEL II: All building and improvements situated on the following described parcel,as conveyed by instrument recorded May 22, 2008 as Recording No. 2008-046669, which buildings and improvements are and shall remain real property: Page 4 of a•1 APN:R466533 Statutory Spedal Warranty Deed File No.:NCS-644608-OR1(RR) -continued Date:02/06/2014 Commencing at the Southwest corner of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon; thence,along the Westerly line of the Southwest one-quarter of said Section 2, North 00°40'43" East a distance of 830.41 feet to Engineer's Station 135+36.67 on the centerline of Highway 99W; thence,along said centerline, North 33°57'00" East a distance of 1097.79 feet to Engineer's Station 124+38.88; thence South 56°03'00" East a distance of 48.00 feet to a point on the Southeasterly right of way line of Highway 99W,said point being also the most Northerly corner of that property conveyed to 13500 Pacific Corporation by Warranty Deed recorded January 8, 1991 as Recording No. 91001296, Deed Records of Washington County, Oregon; thence, along the Northeasterly line of said 13500 Pacific Corporation property, South 50°47'20" East a distance of 108.65 feet to a point; thence,departing said Southwesterly line,South 39°12'40" West a distance of 46.29 feet to the point of beginning; thence South 33°56'03" West a distance of 173.29 feet to a point; thence South 56°10'43" East a distance of 79.89 feet to a point; thence North 33°54'21" East a distance of 166.31 feet to a point; thence North 51°11'03"West a distance of 80.10 feet to the point of beginning. PARCEL III: A parcel of land lying in the George Richardson Donation Land Claim No. 38 in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and being a portion of Pacific Highway West lying Southeasterly of a line 48 feet Southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer's center line Station 116+98.50,said station being North 00°13'41" West 2,340.83 feet and North 89°46'19" East 1,055.97 feet from the Southwest corner of Section 2,Township 2 South, Range 1 West of the Willamette Meridian; thence 251.30 feet along the arc of a 2,865 foot radius curve to the left through a central angle of 5°01'32" (the long chord bears South 38°22'35" West 251.22 feet) to a point of compound curvature at Engineer's Station 119+49.8; thence 206.40 feet along the arc of a 5,521.80 foot radius curve to the left through a central angle of 2°08'30" (the long chord bears South 34°47'34" West 206.39 feet) to a point of tangency at Engineer's Station 121+56.20; thence South 33°43'19" West 1,243.80 feet to Engineer's Station 134+00. The herein described parcels point of beginning is 48 feet Southeasterly and opposite center line Station 121+56.20 P.T.; thence South 33°43'19"West, parallel to said center line, 202.79 feet to the most Northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No. 87-31809, Washington County Deed Records; thence South 51°02'00" East,along the Northeasterly line of said Tigard East Associates tract 19.91 feet to a point on the Northwesterly right-of-way line of Taylor's Bridge Road (County Road No. 477); thence North 39°04'00" East, along said right-of-way line 101.61 feet; thence North 21°30'51" East 132.41 feet to a point of cusp; thence 1.43 feet along the arc of a 24.20 foot radius curve to the left through a central angle of 3°23'37"(the long chord bears North 86°44'38"West 1.43 feet) to a point that measures 48.00 feet radially from the center line of said relocated Pacific Highway West; thence 25.24 feet along the arc of a 5,473.80 foot radius curve to the right through a central angle of 0°15'51" (the long chord bears South 33°51'15"West 25.24 feet)to the point of beginning. Page 5 of APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-0R1(RR) -continued Date:02/06/2014 PARCEL IV: A parcel of land lying in the George Richardson Donation Land Claim No. 38 in Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon,and being a portion of Pacific Highway West lying Southeasterly of a line 48 feet Southeasterly and parallel from the following described center line of the relocated Pacific Highway West: Beginning at Engineer's center line Station 116+98.50,said station being North 00°13'41" West 2,340.83 feet and North 89°46'19" East 1,055.97 feet from the Southwest corner of Section 2,Township 2 South, Range 1 West of the Willamette Meridian; thence 251.30 feet along the arc of a 2,865 foot radius curve to the left through a central angle of 5°01'32" (the long chord bears South 38°22'35" West 251.22 feet)to a point of compound curvature at Engineer's Station 119+49.8; thence 206.40 feet along the arc of a 5,521.80 foot radius curve to the left through a central angle of 2°08'30" (the long chord bears South 34°47'34" West 206.39 feet)to a point of tangency at Engineer's Station 121+56.20;thence South 33°43'19"West 1,243.80 feet to Engineer's Station 134+00. The herein described parcels point of beginning is 48 feet Southeasterly and opposite center line Station 121+56.20 P.T.; thence South 33°43'19" West, parallel to said center line, 202.79 feet to the most Northerly corner of that tract of land conveyed to Tigard East Associates, recorded in Fee No.87-31809,Washington County Deed Records; thence South 51°02'00" East,along the Northeasterly line of said Tigard East Associates tract 19.91 feet to a point on the Northwesterly right-of-way line of Taylor's Bridge Road (County Road No. 477) and the true point of beginning; thence,along said right-of-way line, North 39°04'00" East 1001.61 feet; thence North 21°30'51" East 132.41 feet to a point of cusp; thence 52.44 feet along the arc of a 24.20 foot radius curve to the right through a central angle of 124°08'28" (the long chord bears South 22°58'36" East 42.77 feet); thence South 33°25'28" West 202.22 feet to a point of curvature; thence 8.11 feet along the arc of a 14.02 foot radius curve to the right through a central angle of 33°08'03" (the long chord bears South 45°52'52"West 8.00 feet); thence North 51°02'00" West 16.64 feet to the point of beginning. PARCEL V: Those specific access points set forth in Deed to the State of Oregon by and through its State Highway Commission recorded April 5, 1988 as Fee No. 88013942 and modified by Instrument recorded October 15, 2001 as Fee No. 2001-104806. Page 6 of q APN:R466533 Statutory Special Warranty Deed File No.: NCS-644608-0R1(RR) -continued Date:02/06/2014 EXHIBIT "B" These premises are within the boundaries of the Clean Water Services District and are subject to the levies and assessments thereof. An easement for electrical lines, telephone lines, and other facilities and the right to maintain the same and Incidental purposes, recorded October 3, 1956 in Book 386 of Deeds, Page 619. In Favor of: Portland General Electric Company, a Corporation of Oregon Affects: A 10 foot strip An easement for sewer and incidental purposes, recorded October 7, 1966 in Book 617 of Deeds, Page 593. In Favor of: The City of Tigard Affects: A 10 foot strip in the Northerly portion Document(s) declaring modifications thereof recorded January 8, 1991 as Fee No. 91001295 of Official Records. An easement for sewer and incidental purposes, recorded October 7, 1966 in Book 617 of Deeds, Page 600. In Favor of: City of Tigard Affects: A 10 foot strip in the Southerly portion Abutter's rights of ingress and egress to or from Pacific Highway have been relinquished in the document recorded June 22, 1987 as Fee No. 87031809 of Official Records. Covenants, conditions, restrictions and easements in the document recorded June 22, 1987 as Fee No. 87031809 of Official Records. An easement for permanent storm drainage and incidental purposes, recorded November 2, 1987 as Fee No. 87055037 of Official Records. In Favor of: The City of Tigard Affects: A 20 foot wide strip A portion of said easement was released by virtue of instrument recorded August 19, 2003 as Fee No. 2003-138358 of Official Records. An easement for permanent sanitary sewer and incidental purposes, recorded November 2, 1987 as Fee No. 87055038 of Official Records. In Favor of: The City of Tigard Affects: A 15 foot wide strip Page 7 of 9 APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-OR1(RR) -continued Date:02/06/2014 A portion of said easement was released by virtue of instrument recorded August 19, 2003 as Fee No. 2003-138359 of Official Records. Limited access provisions contained in Deed to the State of Oregon, by and through its State Highway Commission recorded April 5, 1988 as Fee No. 88013942 Deed 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. Document(s) declaring modifications thereof recorded October 15, 2001 as Fee No. 2001-104806 of Official Records. An easement for traffic control facility and appurtenances and incidental purposes, recorded April 5, 1988 as Fee No. 88013942 of Official Records. In Favor of: State of Oregon, by and through its Department of Transportation, Highway Division Affects: The Westerly portion An easement for underground storm drainage line and appurtenances and incidental purposes, recorded November 14, 1988 as Fee No. 88050770 of Official Records. In Favor of: City of Tigard Affects: A 15 foot strip in the Southerly portion Terms and provisions of an unrecorded lease dated April 1, 1988, by and between Portland Fixture Limited Partnership, an Oregon limited partnership as lessor and Firestone Tire&Rubber Company, an Ohio corporation as lessee, as disclosed by a Memorandum recorded July 18, 1989 as Fee No. 89032366 of Official Records. Abutter's rights of ingress and egress to or from SW Pacific Highway have been relinquished in the document recorded August 4, 1998 as Fee No. 98085233 of Official Records. (Affects Parcel No. HI) I) Covenants, conditions and restrictions contained in a deed recorded August 4, 1998 as Fee No. 98085233. (Affects Parcel No. III) An easement for sidewalk, slope and utility and incidental purposes, recorded August 4, 1998 as Fee No. 98085233 of Official Records. In Favor of: The City of Tigard Affects: The West 10 feet of Parcel III adjacent to SW Pacific Highway Page 8 of 9 APN:R466533 Statutory Special Warranty Deed File No.:NCS-644608-0R1(RR) -continued Date:02/06/2014 Reservation of utilities in vacated street area and the right to maintain the same as set forth in Ordinance No. 97-09 a copy of which was recorded March 12, 1999 as Fee No. 99030484 (Affects Parcel No. IV) An easement for permanent sanitary sewer and incidental purposes, recorded September 18, 2003 as September 18, 2003 of Official Records. In Favor of: Fee No. 2003-158756 Affects: A 15 foot strip in the Southerly portion An easement for permanent storm sewer and incidental purposes, recorded September 18, 2003 as September 18, 2003 of Official Records. In Favor of: Fee No. 2003-158757 Affects: A 20 foot strip in the Southerly portion Terms and provisions of an unrecorded lease dated March 10, 2004, by and between 13500 LLC, an Oregon limited liability company as lessor and The Sherwin-Williams Company, an Ohio corporation as lessee, as disclosed by a Notice of Lease recorded May 14, 2004 as Fee No. 2004- 053709 of Official Records. The lessor's interest under the lease has been assigned to Mercer Investments, L.L.C., an Oregon limited liability company by assignment recorded May 22, 2008 as Recording No. 2008-046670 of Official Records. The following matters disdosed by an ALTA/ACSM survey made by Terramark on August 2, 2012 and last revised August 21, 2012, designated Job No. 20121796: Building encroachment onto the storm easement recorded September 18, 2003 as Fee No. 2003- 158757 Terms and provisions of an unrecorded lease dated February 6, 2004, by and between 13500 Pacific Corp., a Michigan corporation as lessor and 13500 LLC, an Oregon limited liability company as lessee, as disclosed by a Memorandum of Lease recorded August 31, 2005 as Recording No. 2005-106607 of Official Records. The lessee's interest under the lease has been assigned to Mercer Investments, L.L.C., an Oregon limited liability company by assignment recorded May 22, 2008 as Recording No. 2008- 046670 of Official Records. The effect of the Statutory Warranty Deed for Improvements not Including Land recorded May 22, 2008 as Recording No. 2008-046669. Grantor: 13500 LLC, an Oregon limited liability company Grantee: Mercer Investments, L.L.C., an Oregon limited liability company Page 9 of 9 111X Tigard Marketplace Tigard, OR RETAIL OPPORTUNITY INVESTMENTS CORPORATION 136,889 sq.ft. RECEIVED MAY 192016 CITY OF TIGARD PLANNING/ENGINEERING Mongolia Pet Clinic Cleaner Salon Home Turf T Teriyaki Gun$coker CITY OF TIGARD tVails Approved by Planing Japanese Date: I/3 /� Buffet - - - Initials: La MPIWAMS tkFE"6d"+3'h-�kl7ika_ tit I I PACIFIC HIGHWAY 99 John Wynton www.roi reit.Corn510.368.5465 888.888.ROIC(7642) jwynton@roireit.net 4/2016 Note This site plan indicates the general layout of the shopping center and is not a warranty,representation or agreement on the part of the landlord that the shopping center will be exactly as depicted 1055-01 5119/2016 1015 AM Unit Id tease Squire Ft9 10 Firestone Inc 6,707.0000 17 Makoto 3apHne Buffet 9,600.0000 5 itM.rt°fYl 5940:00 RECEIVE® I6 North Armory Tigard 1,105.0000 30 Uhl Teriyaki n25 1,302.0000 MAY 1 9 2016 34 Hume Turf Sports Bar and Grill 3,1000000 �_.._ CITY OF TIGARD 47 aattys u6 1,500.0000 PLANNING/ENGINEERING 46 rola Shinn 1,200,6000 50 Continental Cleaners 1,000.6000 500 Starbucks#3366 2,174,0000 55 Community Pet Clinic 2,150.0060 58 The UPS Store 1„A.50.0000 600 Sherwin Williams Ground Lease 5,220.0060 62 Men gal ian Barbecue 3,000.0000 X78 Bi-Mart 9x640 31,113.0000 � . #T Go Wireless 7,760..0000 90 Tan Republk 1,5470000 92 Bon Baguette 1,676.000 Page 1 of 1 RECEIVED MAY 1 9 2016 18.360.050.B. Evaluation criteria. The director shall determine that a major CITY OF TIGARD modification(s) will result if one or more of the following changes are proPQRR11IING/ENGINEERING There will be: 1&2. Ours is a drop off/pick-up dry cleaning business which will likely have one two employees occupying the premises at any time so there be no increase in density. The current restroom is adequate for staff use and need be changed. We do not offer public restroom facilities. 3. A change that requires additional on-site parking in accordance with Chapter 18.765; There are no changes needed for parking. Our customers drop clothes off and are back in their vehicles, leaving for their next destination in minutes. 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; No such changes are needed. 5. An increase in the height of the building(s) by more than 20%; No such changes are needed. 6. A change in the type and location of accessways and parking areas where off-site traffic would be affected; The current accessways provide ample flow of traffic to and from the center for our purposes. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; We do not expect more than 40-50 vehicles per day. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; This is not applicable. 9. A reduction in the area reserved for common open space and/or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10%; We do not have any plans or reason on infringe upon additional open space. 10. A reduction of project amenities below the minimum established by this code or by more than 10%where specified in the site plan: a. Recreational facilities; b. Screening; and/or c. Landscaping provisions. Our business will not impact project amenities in any way. Business will be conducted within the confines of the 1200 ft space and none shall encroach or cause any changes to the above. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of paragraphs 1 through 10 of this subsection. No such modifications are planned.