2011-032129 Washington County, Oregon 2011- 032128
• 01011 11:0:07 AM
' CntM Stn ■411 RECORDSI
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AFTER RECORDING RETURN TO: 11111111 11111111111111111111111111101111
Jordan Schrader Ramis PC 01893862201100321290080060
I, Richard Hobernicht, Director of Assessment and oc��
Two Centerpointe Dr Ste 600 Taxation and Ex-0Rlclo County Clark for Washington A% :.'
County, Oregon, do hereby certify that the wtthln y�, .••,;: •.
Instrument of writing was received arld orded In the '
Lake Oswego OR 9703 5 book of records of said couD1Y
Richard Hobemlo Director ector of Assessment '"
(50014 -36794 — DRH) (J:ilu
an
Taxation, Ex.Offlclo County Clerk
This space is reserved for recorder 's use.
AGREEMENT FOR REAL PROPERTY DEVELOPMENT
This Agreement is made between the City of Tigard, an Oregon municipal
corporation ( "City "), and Gould Family Properties VI, LLC, a Florida limited liability
company ( "Gould Family Properties "), the owner of real property located at
7930 SW Hunziker Road, Tigard Oregon (the "Property"), more particularly described
below:
Parcel 1, Tract A and B of Partition Plat No. 2007 -064, recorded in the real property
records of Washington County, Oregon as document number 2007100897 which is located
in the NW 1/4 and the SW '/4 Section 1, Township 2 South, Range 1 West, Williamette
Meridian, City of Tigard, Washington County, Oregon. RECITALS
A. WHEREAS, in 2005 the City approved Minor Land Partition MLP2004-
00008, subject to 27 conditions of approval. Conditions 11, 16, 26 and 27 of this decision
require specified half -street improvements prior to the issuance or final inspection of any
building permits for the Property, heretofore attached as Exhibit "A" (2 pages).
B. WHEREAS, the findings within the MLP2004 -00008 decision do not
strictly correspond to these four conditions as approved. Findings related to Street and
Utility Improvement Standards (Page 12 of 20) state that the required half - street
improvements "will be required as part of the Site Development Review (SDR) application
for either of the two newly created lots or a Major Modification (MMD) application for the
existing building."
C. WHEREAS, on March 29, 2011, the City received an application for Minor
Modification to existing development (MMD2011- 00005) to Parcel 1 of the Minor Land
Partition referenced above from Gould Family Properties.
Page 1 - AGREEMENT FOR REAL PROPERTY DEVELOPMENTsoo/4 -36794 260533 am Agreement for Real Property De
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D. WHEREAS, the Tigard Community Development Department has
reviewed the application from Gould Family Properties and found that the criteria for a
minor modification to existing development (Tigard Community Development
Code 18.360.060) have been met.
AGREEMENT
NOW, THEREFORE, in exchange for the approval of MMD2011 -00005 and other
mutual consideration herein:
1. The City will not require the satisfaction of the four specified conditions for
improvements contained in MMD2011- 00005.
2. Future projects requiring Site Development Review or a Major
Modification to Approved Plans or Existing Development will be subject to satisfaction of
the four conditions (Nos. 11, 16, 26 and 27) prior to the issuance of building permits or
final inspection.
3. This Agreement, including the requirements of paragraph 2 above, shall be
binding on Gould Family Properties, and any successors in interest. Gould Family
Properties shall disclose the requirements of this Agreement to all future purchasers and/or
developers of the Property.
ADDITIONAL TERMS
1. Entire Agreement. This Agreement sets forth the entire understanding of
the parties with respect to the subject matter of this Agreement and supersedes any and all
prior understandings and agreements, whether written or oral, between the parties with
respect to such subject matter.
2. No Precedent. This Agreement shall not be construed to provide precedent
for acting with respect to any other property within the City.
[Remainder of Page Intentionally Left Blank]
Page 2 - AGREEMENT FOR REAL PROPERTY DEVELOPMENTsoo1 -36794 260533 drh Agreement for Real Property De
A
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3. Recording. This Agreement shall be recorded with the Recording Division
of the Washington County Assessment & Taxation Department.
IN WITNESS WHEREOF, the parties have executed this Agreement on this
day of ,2011. '
CITY OF TIGARD, an Oregon GOULD FAMILY PROPERTIES VI,
munic • I corporation LLC, a Florida limited liability company
le 're
By: d i ledik. hLa By:
Name: " J, k Name:
Title: 1'ki Title:
STATE OF OREGON )
) ss.
County of WASIel I )
This instrument was acknowledged before me on this '��' day of
4p', I , 2011, by p gU as
C O. D; redo t— of the City of Tigard, an Oregon municipal corporation.
NOTARY PUBLIC FOR O' TAN
OFFICIAL SEAL My Commission Expires: C0 /0
BRANDEN T TAGGART
� NOTARY PUBLIC - OREGON
`�■ .� COMMISSION NO. 430165
MY COMMISSION EXPIRES JUNE 25, 2012
ATE OF
ss.
County of )
This instrument was acknowledged before me on this day of
, 2011, by as
of Gould Family Properties VI, LLC, a Florida limited
liability company.
NOTARY PUBLIC FOR
My Commission Expires:
Page 3 - AGREEMENT FOR REAL PROPERTY DEVELOPMENT5ooi 36794 260533 d,n Agreement for Real Property De
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3. Recording. This Agreement shall be recorded with the Recording Division
of the Washington County Assessment & Taxation Department.
IN WITNESS WHE OF, the parties have executed this Agreement on this
13 day of 14p �.; , 2011.
1
CITY OF TIGARD, an Oregon GOULD FAMILY PROPERTIES VI,
munici al corporation LLC, a Florida li'red Ha ility company
By: By:
Name: licif(.11-E7, t?61vh Name: FT
Title: hLe 4Z 1Y A4Title: /NN al es
STATE OF OREGON )
) ss.
County of L.AiA St1 +gAlb �D.t+.) )
This instrument was acknowledged before ,;
me on this 7 day of
4�J,�', , 2011, by foNta cI e„,,,16% as
C 0 , D ,' f -eztu c' of the City of Tigard, an Oregon municipal corporation.
I 4111
NOTARY PUBLIC FOR O
OFFICIAL SEAL My Commission Expires: Cc7w�.S /3O /_,
'L =;-
BRANDEN T TAGGA�
NOTARY PUBLIC - O REQO
l; COMMISSION' NO. 4301
MY COMMISSION EXPIRES JUNE 25, 2012
TATS OF /,� I ) ss. 4j G{/ n d sr
County of ''+ ) 1`
This instrument was acknowled ed before me on this 0 day of
1 c I ,2011, by UtAillg. Gol.4j(\ as
rYlaeltr of Gould Family Properties VI, LLC, a Florida limited
liability company.
W iTh d
Ili: a.- c . $ k is b ,
A SLytrior CAA--
GA-sec. t;‘,44
Page 3 - AGREEMENT FOR REAL PROPERTY DEVELOPMENTsoor4-36794 260533 drh Agreement for Real Property De
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C. The final plat and data or narrative shall be drawn to the minimum standards set forth by
the Oregon Revised Statutes (ORS 92.05) Washington County, and by the City of Tigard.
D. The right -of -way dedication for. Hunziker Street shall be made on the final plat, providing
37 feet from centerline. The additional 4 feet of private access easement shall also be
made on the final plat.
E. NOTE: Washington County will not begin their review of the final plat until they receive
notice from the Engineering Department indicating that the City has reviewed the final plat
and submitted comments to the applicant's surveyor.
F. After the City and County have reviewed the final plat, submit two mylar copies of the final
plat for City Engineer signature (for partitions), or City Engineer and Community
Development Director signatures (for subdivisions).
THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO ISSUANCE OF ANY BUILDING
PERMITS ON EITHER OF THE LOTS CREATED BY THIS PARTITION:
u • mt o e • arming • epa ment ary agens ec er, • - , or review an •
approval:
_
10. Not less than ninety (90 days prior to the physical development of parcel 2, notice shall be
provided to the City of Tigard as lessee terminating the ground lease for the Potso Dog Park
executed on May 14, 2002 and permitted under CUP2002- 00001.
Submit to the Engineering Department (Kim McMillan, 639 -4171, ext. 2642) for review and
approval:
11. A • Public Facility Improvement (PFI) permit is required for this project to cover half - street
improvements and any other work in the public right -of -way. Six (6) sets of detailed public
improvement plans shall be submitted for review to the Engineering Department. NOTE: these
plans are in addition to any drawings required by the Building Division and should only include
sheets relevant to public improvements. Public Facility Improvement (PFI) permit plans shall
conform to City of Tigard Public Improvement Design Standards, which are available at City Hall
and the City's web page (www.tigard- or.gov).
12. The PFI permit plan submittal shall include the exact legal name, address and telephone number
of the individual or corporate entity who will be designated as the "Permittee ", and who will
provide the financial assurance for the public improvements. For example, specify if the entity is
a corporation, limited partnership, LLC, etc. Also specify the state within which the entity is
incorporated and provide the name of the corporate contact person. Failure to provide accurate
information to the Engineering Department will delay processing of project documents.
13. Prior to issuance of building permits, the applicant shall provide the Engineering Department with
a "photomylar" copy of the recorded final plat.
14. Prior to issuance of building permits, the applicant shall pay the addressing fee. (STAFF
CONTACT: Shirley Treat, Engineering).
15. The applicant shall provide signage at the entrance of each shared flag lot driveway or private
street that lists the addresses that are served by the given driveway or street.
16. The applicant shall submit construction plans to the Engineering Department as a part of the
Public Facility Improvement permit, indicating that they will construct the following frontage
improvements along SW Hunziker Street as a part of this project:
A. 8 -foot concrete sidewalk with 5 -foot planter strip;
B. street trees in the planter strip spaced per TDC requirements;
C. streetlight layout by applicant's engineer, to be approved by City Engineer;
D. remove eastern driveway apron; and
E. relocate western driveway to align with driveway on north side of Hunziker Street.
17. A profile of SW Hunziker Street shall be required, extending 300 feet either side of the subject site
showing the existing grade and proposed future grade.
NOTICE OF DECISION MLP2004 -00008 /COE PARTITION PAGE 3 OF 20
18. The applicant shall provide connection of proposed buildings to the public sanitary sewerage
system. A connection permit is required to connect to the existing public sanitary sewer system.
19. Any extension of public water lines shall be shown on the proposed Public Facility Improvement
(PFI) permit construction drawings and shall be reviewed and approved by the City's Water
Department, as a part of the Engineering Department plan review. NOTE: An estimated 12% of
the water system costs must be on deposit with the Water Department prior to approval of the PFI
permit plans from the Engineering Department and construction of public water lines.
20. Prior to issuance of building permits the applicant's engineer shall submit a stormwater analysis
report for Red Rock Creek and its adjacent floodplains.
21. Final design plans and calculations for the proposed private water quality and detention facilities
shall be submitted to the Engineering Department (Kim McMillan) as a part of the Public Facility
Improvement (PFI) permit plans. Included with the plans shall be a proposed landscape plan and
maintenance plan. As recommended by Oregon Fish and Wildlife Department the design of the
storm -water retention structures should facilitate onsite infiltration to recharge groundwater
supplies and mitigate for any changes to the local hydrology.
22. An erosion control plan shall be provided as part of the Public Facility Improvement (PFI) permit
g
drawings. The plan shall conform to the "Erosion Prevention and Sediment Control Design and
Planning Manual, February 2003 edition."
23. A final grading plan shall be submitted showing the existing and proposed contours. The plan
shall detail the provisions for surface drainage of all lots, and show that they will be graded to
insure that surface drainage is directed to the street or a public storm drainage system approved
by the Engineering Department. For situations where the back portions of lots drain away from a
street and toward adjacent lots, appropriate private storm drainage lines shall be provided to
sufficiently contain and convey runoff from each lot.
24. The applicant shall obtain a 1200 -C General Permit issued by the City of Tigard pursuant to ORS
468.740 and the Federal Clean Water Act.
25. Prior to issuance of building permits, the applicant's engineer shall submit final sight distance
certification for the two access points located on Hunziker Street.
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
PRIOR TO ANY FINAL BUILDING INSPECTION ON EITHER PARCEL:
u • mit o e ngineering • epartmen ' im 'C an, • • - - , ext. • or review an •
approval:
26. Prior to a final building inspection, the applicant shall complete the required public improvements,
obtain conditional acceptance from the City, and provide a one -year maintenance assurance for
said improvements.
27. Prior to a final building inspection, the applicant shall provide the City with as -built drawings of the
public improvements as follows: 1) 3 mil mylar, 2) a diskette of the as- builts in "DWG" format, if
available; otherwise "DXF" will be acceptable, and 3) the as -built drawings shall be tied to the
City's GPS network. The applicant's engineer shall provide the City with an electronic file with
points for each structure (manholes, catch basins, water valves, hydrants and other water system
features) in the development, and their respective X and Y State Plane Coordinates, referenced
to NAD 83 (91).
THIS APPROVAL IS VALID IF EXERCISED WITHIN EIGHTEEN (18) MONTHS OF THE EFFECTIVE
DATE OF THIS DECISION NOTED UNDER THE PROCESS AND APPEAL SECTION OF THIS
DECISION.
NOTICE OF DECISION MLP2004- 00008 /COE PARTITION PAGE 4 OF 20