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15960 SW 72ND AVENUE BLDGS 15 & 17-1 CCS.." ,,,� ��'%��= I l.� S Mr mks CITY OF TIGARD NOTICE OF DECISION Lot Line AcljtLstment M 89-10 Kaufrran/Subotnick/Fuson (Pacific Realty Associates - Applicants) APPISCATION: A request for Lot Line Adjustment approval to adjust the co=n lot line between two parcels of approximately 2.057 and 0.677 acres resulting in parcels of 1.8965 and 0.8375 acres. Zoning: I-L (Light Industrial) . Location: 1.5860 SW Upper Boons Ferry Road and 15960 SW 72nd Avenue (WCJM 2S1 12DD, tax lots 500 and 400) . DECISION• Notice is hereby given that the designee of the Community DevelopTim-it Director for the City of Tigard has APPR WED the above described appl.icatior subjo t to certain conditions. The findings and conclusions on which the decision is based are as noted below: A. Finding of FacL 1. Pack-ground A proposal for construction of a new industrial flex-space building on tax lot 400 (which fronts on SW 72nd Avenue) and remc4elirrJ and enlargement of an existing industrial building on tax lot: 500 (which fronts on SW Upper Boons Ferry Road) was revic—,l and approved by the Planning Division last Ncvrmher (Site Development Review SDR 88-22) . The new building to be constructed was proposed to cross the property line between the parcels thereby necessitating the proposed lot line adjustment currently under review. No other land use or development applications regarding these properties have been reviewed by the Planning Division. Numerous development proposals have been reviewed by the Division for other segments of the Oregon Busirw_!ss Park. 2. Vicinity Information Properties to the south and east of the suh]ecc parcels are also zoned I-L and have been develcp3d by Pacific: Realty Associates (a.k.a. Pac.'I'_ t) a-, the Oregur. Buts i)cess Park. A convenience store/gas station is iocated at the intersection of SW 72nd Avenue and tipper Boones Ferry Road Lvx diately akuttijig both of the subject parcels. This parcel is also zoned I-L. Across the intersection are other buildings developed or under development by the present applicants. To the. northwest is the existing Carman Center which will he embined with two warehouse/distribution buildings currently under construction as Oregon Business Park. III. To the north is a twv _` ty office building which is krx wn as the Sharp building. FUrther norLh ani to the northeast are vacant NOMCF OF DECISION -• KAUFMAN/S[JBCQTIICK/FVSON - M 89-10 PAGE 1 applicants plan to develop as the Pacific parcels which the app These parcels are zoned Corporate Center subdivision (S 89--08) . I-P (Inc},ystrial Park) . of these parcels is an SW �-r Boones ferry Road in the area classified as a arterial street. SW 72nd Av meets are�ullylly'veloped. major collector street. Bath 3. Site Information and Froposa 1 iption the foundation of the lot 400, contains The southern Parcel,, tax paved parking area, and minimal former C,41botnick- building, a favi flex-space building has been landscaping. A 20,650 square contains, the fo�rneY Elmo proposed far th:�s parcel. Tax lot 500 which beeiz StuddIs Build?:k? Materials building, which has recently 17,820 square feet, along with new rer-cdel.ed and er:urged et to be installed. parking and larxlsc-aPinq mater that :u`- Y n The pro�,� building on tax lot 400 inclLdev a small section in the northwc==t —rner of the building that Would extend across line was pretty line betwe,--n the subject parcels if the property The Uniform Biu.lding Code does not Trot permitnot to be -adjust-. The lines unless adequate fi�ional buildings tss o croPrq��Y on earl-, of tbP lots is separation between the building portions a firewall intended to ided. A typical separation world be to atxrt::^�'• Because Pz� read of f ire from one Pr°p�r ty inhibit the sP building a use the proposed as One unit, the applicants intend to theapplicants prcP�= such a separation is not feasible. Instea ,the lots to enlarge tax to adjust the oormron praPF-rty line betweengilding• The lot 400 so that it may contain the entire pry } est City approval of an adjustment of the east- applicans request t 400 and 500 resulting in lo -res Of tax loe west property line between `Ihe it present sizes are 0.68 ace ce 0.8375 acres and 1.8965 acres and 2.06 acres. 4. AgP-ncY and NPO Oar¢nents Building Division, Tigard Water District' The Engineexinq Division, Ge,,eral Telephone, and PGE Washington County Fire District #1, reviewed the proposed lot line adjustmP--M aryl offered no comments or object ions. No other �mments were received g• ANALYSIS AND CONCLUSION Section 18.162.060 of the Tigard COM Development Code r�ontains the followir,U standards for :.pproval of a lot line adjustment. created b,, the lot t.line adjustment aril the 1, An additional lot is not the adjustments is not reduced existing parcel reduced in size by NCyI'ICE OF DEIC ISION - MUFMAN/RMU NIC9C/nJsGN - M 89-10 PAGE 2 bel.cw the minima= lot size —tablished by the approved zoning for that district. 2. By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district. The proposed lot line adjustment satisfies these criteria. No additional lots will be creatad. 'These is no minimum lot size required r in the I-L zone. Building setback requirements will not be viol:-Ated through approval of the proposed lot 'ine adjustment. C. DECISION 11be Director's designee of the Tigar-1 C cmminity Development Department hereby approves Lot Line Adjustment M 89-10 subject to the fol- lowing corxlitions which shall be met prior to r_ecordi_ng the lot line adjustment with Wa.,;hinxlton Ccxli-ity. S-PAF'- COVI'ACT: Jon Feigion (639-4171 Extension 325) . 1. A lot line adjustment stxxvey map and _1(.,,?al description shall be sukmitta' to the Engineering Division for review and approval prior to recordirxg. THIS APPROVAL IS VAUD IF EXUZCISED WlMnN EIGfI'EFN MONIFS, OF THE FINAL DECISION DA77 NOTED BEIJDW. D. DROCM JRE 1. Notice: Notice was published in the newspaper, posted at City Hall ' anr, mailed to: XX! The applicant dnd omers _xx Owners of mord within the required distance —xx—. The affected Neighborhood Planning organization -_XY. _ Affected g,.�vernrv�ntal agencies 2. Final Decision: THE DECISION SHALL BE FINAL ON _June 23, 19Rc)_ UNLESS AN AWEAL IS FITED. 3. a1: Any party to the derision may appeal this decision in accordance with Sec`i on 18.32.290(A) and Set..-tion 18.32.370 of the 0Lmm dty Development. Code which provides that a written appeal must be filed with the CITY REOORDER within 10 days after notice is given and sent. Appeal fee schr-flule and forms are available at Tigard City Hall, 13125 SW Hall Blvd. , 'lic;.ud, Oregon. i lbe dnadline fog' filing of an appeal i3 3:30 P.M. j ,ne_22, 19JU 4. Questions: if you have :any questions, please call the City of Tigard Planning Department Tigard City Hall, 13125 SW Hall Blvd. , PO Rox 23397, Tigard, OrrxIon 97223, 639-4171. Nc:rI'ICE OF DECISION - KAUFMAN/SUBO NIC_(/FUSON - M 89-1.0 PAGE 3 MmWA-mmUUmi-RA 09 PREPARED J ff istait Planner Date Keith S. Liden, Senior Planner Dates cp/Fuson M:\OFFSVCS\ ~il � ics ci W$ fr ♦r . 4 \ QQV A .11r i d IC O 73 23 I \ w STMLLIIJ { •st \ is •b.r /16f f 'a'fes'• `\ ? 1 rS 1 ft .•••'4 I a 611 Y ,� E. w U J D •./t rA lli• NOTICE OF DECISION — M 89-10, 1KAUFMN/SUBDTICK/F1J9C)id MACKENZIE ENGINEERING INCORPORATED LGEMEN 0IF MACKENZIE/SAITO &ASSOCIATES, P.C. 0690 S W. BANCROFI STREET • F.O. t3JX 69039 PORTLAND,OREGON 97201-0039 (503)2249560 (502)224-2570 F4X(503)2261285 Date: 6/14/89 Project Number_288532.004 To: City of Tigard Attention: Project Name: _ 0•B.P. 1 BLDG. 15 Store Front Addition Please find attached: «shop drawings _plan& —samples specifications copy of letter _-change order _details xx calculations Number of copies: Description: (1) set structural calcs. - sheets 1-3. For your use xx For your review For approval As requested REMARKS. To be filed with permit submitted 6/13/89 15860 S.W. Upper Boones Ferry Rd. Suite 'T'. Copy to:Signed: Ted Ted Gentner/rck Mailed Al Delivered —To be picked up If enclosur„u@ not a not0d,Rwdly nofdy w of one# I 111 S.W. Fif+"i Ave.. Su ce 2950 PAGTRIJsT Porn,nd, Oregon 017204 503/224,6C540 Pecan,.e- 503/2'24.8709 Pecifjc Pealty AmsoomteFl.L.P - RECEIVED May 24, 1989 N Gonmurit?DwI47-cri Ms. Kathy Bork Ticar Title Insurance Ce,npany 421 S.W. Stark Street Portland, OR 97204 Dear Kathy: Re: Subotnick Ground Lease --Land_ I am enclosing the following: 1 . Lot Line Declaration, Oregon Business Park I, Buildings 1�. and 17. 2. Lot Line Declaration, Oregon Business Park I, Buildings 17 and vacated street. I would appreciate it if you would have these documents recorded in the records of Washington County, Oregon as expeditiously as possible and return them to me together with your bill For the recording fees. I need to provide, as quickly as possible, evidence to the City of Tigard that the documents have been recorded in ord,�r to get building permits for the buildings that are to be constructed o1, the properties affected by these declarations. Please let me know if you have any questions. Sincerely, PACM IC REALTY ASSOCIATES. L.P. jcjhar�dP. Buono Encls. cc: grad Roast After recording return to: Pacific Realty Associates, L.P. 111 S.W. Fifth Avenue, Suite 2950 Portland, Oregon 97204 LOT LINE DECLARATION OREGON BUSINESS PARK I BUILDINGS 15 AND 17 day of May, ?iiis Declaration is made this �l_ 1989 by Pacific Realty Associates, i_.P. , a Delaware limited partnership .''Declarant") • Declarant is the owner of a leasehold interest in each of the i parcels of real pra��r2Yadesreferaedntohhereinattached separatelyExhibit as "Parcel V and 2. Parcels and "Parcel 2" and collectively as the "Property" . Declarant has the ueandoify rttmodimprovements under both Parcel 1 and Parcel 2 toconstruct parcels. erect a structure on Parcel 1 , portions of Declarant intends to which shall extend onto Parcel 2. D�rlaran wishes t�� establish certain easements and establish Lhe conditions u��er which certain modifications of the structure it will erect on the Property will be required. NOW, THEREFORE, Declarant hereby declares that its leasehold interest in Parcels 1 s, whichll be shallrundwithldthenPropertyeandubject to shall be the following covenants, ortion of Declarant's binding on all parties having or acquiring any p art thereof: right, title and interest in the Property or any p 1 . Accgs., and Parkin Parcels 1 and ?_ shall each have areaselocatedeonrthe otheryfor vehicle maneuvering and parking. d easement to go upon and use the paved alhere shall be no allocation of maintenance cost for easement areas between Parcels 1 and 2. 2. Modifications to Structure if at any time the Property shall , for any sreason hall no longer be cost order the total control of 'Declarant, Declarant and expense required to bring the structures erect deed tiherregu1atoofull and complete compliance with any applicable relating to separation of structures and wall penetrations at lot lines. 1 AE ■ I>!' ' �. A�plication_of R.�ildinc�Cocje No one acquiring any portion of Declarant's interest in the Property shall have the right to continue maintaining any portion of a structure on or extending across any lot lines between Parcel 1 and Parcel 2 which does not fully and completely comply with applicable building codes or regulations relating to separation of structures and wall penetrations at lot lines unless such continuation is approved by the City of Tigard, Oregon, or its successor, in its sole and absolute discretion. 4. Governmental APIproval of Chan eco s to Declarations No change may be made to the Declarations contained herein without the express written approval of the City (if Tigard; Oregon. or its successor. PACIFIC REALTY ASSOCIATES, a Delaware limited partnership Re r-- By DA cTru It G Vr a r J B ichard P. uono Vice President STATE OF OREGON, County of Multnomah ) ss. On _��• 1989, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard P. Buono known to me to be the person who executed the within instrument as the Vice President of PacTrust Realty, Inc. , the corporate general partner of Pacific Realty Associates, L.P. (the "Partnership") , and that he executed the within instrument and acknowledged to we that such corporation executed the within instrument as the general partner of t�,e Partnership pursuant to its bylaws or a resolution of- its board of eA rectors. WITNESS my hand and official seal . otary Public for 0rggen y commission Expires: 2 EXHIBIT A PARCEL 1 Beginning at the Southeast corner of Section 12, Tewnship 2 South, Range 1 hest, Willamette Meridian , Washington County, Oregon; thence West along the South line of said section , a distance of 681 feet to a point on the west li-e of the Southern Pacific Railway right-of-way; thence continuing hest along the South line of said section, a distance of 251 . 65 feet to the true point of beginninc of the tract herein to be described; thence continuing West along the South line of said section, 331 . 00 feet; thence North 00 08 ' West, 89 . 40 feel:; thence North 89° 38 ' Fast, 331 feet, more or less , to a point North of the true point of beginning; thence South 89 . 4 feet , more or lass , to the true point of beginning. --------•----------- -- -� PARCEL 2 A tract of land situated in the Southeast quarter of Section 12, Township 2 South, Range 1 West of the Willamette Meridian, Washington County, Oregon, being more particularly described as follow,, to-wit: Beginning at the Northwest corner of the East one-half of the Northeast quarter of Section 13, Township 2 South, Range 1 West of the Willamette Meridian: from said place of beginning thence North 89°38' Epst along the Southerly boundary line of. said Sectior 12, 271 .00 fee to the true Ai.ce of beginning of the tract to be described; from said true place of beginnirg thence continuing North 89°38' East alorc said Southerly boundary line of Section 12, 351.65 feet to an iron pipe in the Southwesterly right-of-way line of a railroad right-of-way 100.00 feet in width; thence Northwesterly along said Southwesterly railroad right-of-way line on a curve to the right having a radius of 2915.00, feet and a chord which bears iwtc.il 33140' West 523.78 feet to the intersection of. the Southeasterly right-of- way Line of SW Upper Roones Ferry Coad; thence leaving said Southwesterly railroad right-af-way line, South 46°13' West along said Southemsterly ri.4ht-of-way line of S.; Upper Boones Fern Road, 187.00 feet; thence leaving said Southeasterly riac:t-of-way line of SW Upper Boones Ferry Road, South 13°27' East 317.68 feet to the intersection of the Southerly boundary line of said Section 12 and the true place of beginning; EXCEPTING THEREFROM that portion in the Southwest corner thereof describer in deed to Leonard Subotnick and Ben Siegel, recorded July 2, 1969, in Book 707, Page 366, Washington County Records. After recording return to: Pacific Realty Associates, L.P. 111 S.W. Fifth Avenue, Smite 2950 Portland, Oregon 97204 LOT LINE DECLAI'ATION OREGON BUSINESS PARK I BUILDING 17 AND VACATED STREET This Declaration is made this Z2 day of May, 1989 by Pacific Realty Associates, L.P. , a Delaware limited partnership ("Declarant") . Declarant is the owner of a leasehold interest in the parcel of real property described in the attached Exhibit A as Parcel 1 . Declarant is the owner of the real property described in the attach td Exhibit A as Parcel 2. Parcels 1 and 2 are referred to herein separately as "Parcel 1" and "Parcel ?" and collectively as the "Property". Declarant has the unrestricted right under the lease of Parcel 1 to construct and to modify improvements on Parcel 1. Declarant, as owner of Parcel 2, has the unrestricted right to construct and to modify improvements on Parcel 2. Declarant intends to erect a structure on Parcel 1, portions of which shall extend onto Parcel 2. Declarant wishes to establish certain easements and establish '.he conditions under which certain modifications of the structure it will erect on the Property will be required. NOW, THEREFORE, Declarant hereby declares that its leasehold interest in Parcel 1 and its fee interest in Parcel 2 shall be held, sold and conveyed subject to the following covenants, which shall run with the Property and shall be binding on all parties having or acquiring any portion of Declarant's right, title ind interest the ^-nperty or ant- part thereof: 1 . Access and Parking A. Parcels 1 and 2 shall each have a nonexclusive right-of-way and easement to go upon and use the paved areas located on the other for vehicle maneuvering and parking. There shall be no allocation of maintenance cost for easement areas between Parcel 1 and 2. B. The cost of" maintaining the easements provided in this section shall be shared in the following proportions: i . Parcel 1 shall be responsibie for 50% of such cost relating to Parcel 1 and to Parcel 2. ii . Parcel 2 shall be responsible for 50% of such cost relating to Parcel I and to Parcel 2. 1 owl W1 W1 WA i 2. Modifications to Structure If at any time the Property shall , for any reason, no longer be under the total control of Declarant, Declarant shall bear the entire cost and expense required to oring the structures erected thereon into full and complete compliance with any applicable building code or regulation relating to separation of structures and wall penetrations at lot lines. 3. Application of Building• Code No one acquiring any port';on of Declarant's interest in the Property shall have the right to continue maintaining ary portion of a structure on or extending across any lot lines between Parcel 1 ind Parcel 2 which does not fully and completely comply with applicable building codes or regulations relating to separation of structures and wall penetrations at lot lines unless such continuation is approved by the City of Tigard, Oregon, or its successor, in its sole and absolute discretion. 4. Goverijmerrtal A_p_praval of Chan es to Declarations No change may be made to the Declarations contained herein without the express written approval of the City of Tigard, Oregon, or its successor. PACIFIC REALTY ASSOCIAIFS, L.P. , a Delaw;re limited partnership By p t Realty, int I4sGWBuono� B Vice President STATE OF OREGON, County of Multnomah )ss. The fo, egoing instrument was acknowledged before me this .�'. % day of May, 1988 by Richard P. Buono, Vice President. of Paclrust Realty Inc. , a Delaware ,urporation, General Partner of Pacific Realty Associates, L.P. , a Delaware limited partnership. I 2 W EXHIBIT A PARCEL 1 Beginning at the Southeast corner of Section 12 , Township 2 South, Range 1 West , t4i1lamette Meridian , Washingtoi County, Oregon; thence West along the South line of said section, a distance of 681 feet to a Point on the west line of the Southern pacific Railway night-of-way; thence continuing west along the South line of said section, a distance of 251 . 65 feet to the true point of beginning of the tract herein to be described; thence continuing West along the South line of said section, 331 . 00 feet ; thence North 0` 08 ' West, 89 . 40 feet; thence North 89° 38 ' East, 331 feet, more or less, to a point. North of the true point of beginning; thence-South-89_4�feet , - more or less , to the true point of beginning. -- PARCEL E A portion of S.W. Washington Street in the plat of RCSEWGOD ACRE TRACTS In Section 13 T. 2 S. , R. 1 W. , W.M. Washington County, Oregon, described as follows: Beginning at a point on the North line of S.W. Washington Street as dedicated in the plat of Rosewood Acre Tracts, said point being North 89 24' 2.4" East 17.92 feet from the Northwest corner of the East 1/2 of the Northeast 1/4 of Section 13; thence continuing North 89° 24' 24" East along said North line a distance of 441 .08 feet; thence South 30.00 feet to a point in the South line of said S.W. Washington Street; thence South 690 24' 24" West along said South line a distance of 419.82 feet; thence South 148° 41 ' 42" West 25.53 feet; thence North 61° 44' 53" West 22.26 feet to a point in the Easterly right-of-way line of S.W. Jpper Boones Ferry Road as now laid out; thence Northeasterly along the arc of a 490.00 foot radius curve to the left (the chord of which bears Hcrth 25° 51-' 40" East 40.11 feet) a distance of 40.13 feet to the point of beginning. .. . XW 1 1 1 S.W. Fifth Ave.. Suite 2"e.=O F=AcThusT Portland, Oregon 97204 503/224 8640 Focwmile: 503/224 5709 Pacific Realty Aaaocatee,L.P May 22, 1989 BY TRANSERVE RECEIVED Mr. Brad Roast MAY City of Tigard 2 ti 19$9 13125 S.W. Hall Boulevard Tigard, OR 97223 CcmmurirjDer--:,-;'mcrt Dear Brad: Re: Oregon Business Park I 1 am enclosing the following: 1 . Lot Line Declaration - Oregon Business Park I - Buildings 15 and 17, which provides the declaration and easements necessary for the encroachment of our new building across the line between Tax Lot 400 and 500, Map 2S1-12 DD. 2. Lot Line Declaration - Oregon Business Park I - Buildings 17 and vacated street, which provides the declarations and easements for the encroachment of the building being constructed on Tax Lot, 400, Map 2S1-12 DD and the vacated portion of Washington Stroet covered in Ordinance No. 88-17. These declarations cover both the encroachmelits as the lot..., presently layout and the parking and vehicle maneuvering easements for all the par-els. The portion of the Lot Line Declaration for Buildings 15 and 17 relating to the encroachment will be resolved when the lot line adjustment we have applied for is approved. The parking and vehicle maneuvering easements will continue in force. I believe these declarations shall take care of the last of the issues which impact the issuance of the permit for Building 1.7. Please call me when the permit is ready to be picked up. If you have any questions, please let me know. Sincerely, PAC'. JC REALTY ASSOCIATES p�ard i 3uono V''i ce President Encls. cc: Ken Fox I __j-;•_� , �.:.�., a�ri'C> /�Ste*rw . „j'. --•--�i c K �... o+v ^� A/,5 AZ r l v 4 Pj L i�1c C e AZ L^/Y J I?.b T'aS MC. .._.c..�•S T'+2 t.r L'r K .7 ` Te .�7 K' lZ f;r`',J 1. �i. �.7 fiC?� ✓3 'T/bi:Tnl � t��+!'..,4ji, T/ +n, 1 T � I ' x Ts 'ore", Ll I FANEL 5 w/ �•r.✓.✓fir' ../�� ' G y �_ ,✓1,�,,, ��c�,y- s I SOA- � `_.�—: SG� A. 0 3,J.�r )M 3% �� By 3 -- ---_ _ DATE MACKENZIE ENGINEERING INCORPORATED JOB No STRUCTURAL, CIVIL, TRAFFIC SHT ----OF 300 120111 AVENUE NORTHEAST•OUILDING3.SUITE 233 BELLEVUE.WASHINGTON 98005.(206)45, 1430•Fax(2()6)15.1f;96 ri MACKENZIE ENGINEERING INCORPID EO ION,ALI.RIGHTS RESERVED � �"�c d'�c 3/g r/T/q.•>��_ /rte l ep"- �,✓ lid �p—�" � M m/�i`�/''�G PANEL 6-F0-8 e�r'JC OLS • n /.?X e -4-x 4' o, I eq ol, )IxIZ � ,lox 3,mxS,s"x1z L -�3-� �� -3 a" BY DATE S-/�'-89 i MAC�CENZIE ENGINEERING INCORPORATED JOB NO f7: "O STRUCTURAL, CIVIL, TRAFFIC SHT ------ OF --_ 300 120tH AVENUE NORTHEAST•BUILDING 3,SUITE 233 PELLEVUE.WASHINGTON 99005•(206)451 1430-Fox(206)6469629 MACKENZIE ENGINEERING iNCORPURAIED I=,ALL R1GH11 RESERVED O aw f �► I L i 1 f, e�x Ct 1J0� I jj Ty 1',,ExIE�'1 ,• Z o °C2�,-S/8 v„iy✓r.��l 9Z x Z i z Z•n.f.k' - b n� �� ---- - By L� i ------- DATE --� "�r`pRPORATED JOB NO 'vS3Z,o00- .- MACK�NZIE ENGINEERING STRUCTURAL,CIVIL, TRAFFIC 300 120TH AVENUE NORTHEAST•BUILDING 3.SUITE 233 MACKENIIE ENGINEERIN7INCOAPORATED -- BELLEVUF WASHINGTON 98005•(208)451 1430•Fdr(208)848 9929 10�ALL SIGHTS RESEgVEO '11a - - - o � -- C, ' N o y By DATE— MACKENZIE ENGINEERING INCORPORATED Joe NO, STRUCTURAL, CIVIL,TRAFFIC SHT '0' OF4e- 300 120TH AVENUE NORTHEAST•BUILDING 3,SUITE 233 BELLEVUE.WASHINGTON 98005•(208)451 1430•F8■(206)646 9624 r) MACKENZIE ENGINEERINO INCORPORATED ISM,ALL RIGHTS PfSERVED b --90, xr = 3�1 l 1.33 0, 'k-, I � -- =ice "� �G• �..---=-�,c �-x,�--sJ - )9•z� � j �� 8-� �•, o DATE �— MACKENZIE ENGINEERING INCORPORATED JOB NO8S3Z�^�'Z STRUCTURAL, CIVIL, TRAFFIC SHT -� OF--407_ L_J 300 120TH AVENUE NORTHEAST•BUILDING 3 SUITE 233 BEILEVUE,WASHINGTON 99005.12081 ASt 1430-Fax(208)6469629 ItMACKENZIE E140INEERING INCORPORATED 19K ALL RIGHTS RESERVED i✓F ,.elf« ►✓/�"'A' wr,✓p , Q � o, _► f` I �Y 1 N I. �O -----� 7A� 1 g' v oi- i DATE — JOB NO MACKENZIE ENGINEERING INCORPORATED $NT -- STRUCTURAL, CIVIL,TRAFFIC 300 120TH AVENUE NORTHEAST•BUILDING 3.SUITE 233 n MACKENZIE ENUINEERINO=01"Coopo"T BELLEVVEWASHINGTON 98005•(206)451 1430•Fe>t(2061646 9629 ��All grpNT1!RESERV �-slE-c�,- Ear�r,� r�z `" ,P.�/G ►�✓�G�' Y 19 w. oPE�///✓l-, ; � 1k � 2q-� b dy Z�Zf 7 �L� oe q-Z �fl Zaxl�xP•�/ b � BY— f DATE S -- OB NO. MACKENZIE ENGINEERING INCORPORATED J � STRUCTURAL, CI`/IL,TRAFFIC BHT OF 300 120TH AVENUF N:1RTHFAST•BUIL 31NG 3,SUITE 233 cl MACKENZIE ENVNEERINO INCORPORATED rufl BFLLEVUE,WASI,dNGTON 9F 1206)451 1430•Fax 1206)646 9629 Ips ALL RIGHTS RESERVED Y ,�•��-� �G r��l�z4�,�x SL� �7,A- ,� -�►-s ri�J Gam, �.✓ c, /��x Zq s o,38k6f -V1.6 N AREA(IN"2) D(IN) 1 0.88 2.0000 2 0.86 10.0000 FC= 3,0000 FY= 40.0000 B= 16.0000 N= 12.0000 B1= 0.0500 AXIAL=K MOMENT=K+FT A=1N COMMENT -444,410 +43.809 9,8779 ,8P 10) -411.997 +53.556 9.2020 -380.825 +61.336 6.5262 346.915 468.477 7.8504 +74,555 7.1745 -274.575 +79.611 6.4987 -235.328 +83.865 5.8218 BALANCED CONDITION -'1041910 +B2.471 5.0773 -174.493 +79,188 4.3318 -144.076 +74.014 3.5863 -109.203 +65.466 2.8408 -62.484 +51.079 2.0952 +0.000 429.548 1.3497 PURE BENDING Q DATE MACKENZIE ENGINEERING INCORPORATED JOB NO 11p��-sa,oc•Z STRUCTURAL, CIVIL,TRAFFIC SNT. P ._OF_o—__ 300 120TH AVENUE NORTHEAST •BUILDING 3,SUITE 213 MACKEN2IE ENDINEERINOINOOIVOIIATlO ill-I BE LLEvUE WASHINGTON 98005 (206)451 1430•Fe■(206)646 9629 INS,ALL AIOM's RESERVED 111 S.W. F-fth Ave.. Suite 2950 PAcTRuser Portland. Oregon 97204 O7 °303/224.654[7 Pacific Rae!ty Aeeoc iat9e.L.P Foceimile: 503/2?4.6709 May 9, 1989 BY TRANSERVE Keith S. Liden Senior Planner City of Tigard 13125 S.W. Hall Boulevard Tigard, OR 97223 Dear Keith: Re: Tax Mao 251 12DD, Lot 400 & 500 I am enclosing the following: 1 . An application on City of Tigard form for lot line adjustment removing 6,992 square feet of property from Lot 500 and adding it to Lot. 400. Please note that the application form is signed by PacTrust and by all property owners involved. The application has attached a lot book report from Ticor Title Insurance Company showing the status of title of the property and a parcel map showing the revised lot lines after the lot line adjustment is completed. 2. A copy of a lease amendment dated May 8, 1989 removing the 6,992 square foct section of Tax Lot 50'J from the lease of that property. 3. A copy of a 1pase ameridment dated May 8, 1939 adding the 6,992 square foot section of the property in question to the ground lease of Tax Lot 400. 4. A check for the $210.00 filing fee for this application. The City has previously received photo copies of the ground leases of the two tax lots and I believe those conies are held by Brad Roast. The only property owners other than PacTrust and the applicants within 250 feet of any of the tax lots affected by this application are as follows: 1 . As to Map 2S112DD, Tax Lot 300, the property owner is Time Oil Company, 2737 W. Commodcr Way, P.O. Box 24447, Terminad Station, Seattle, Washington 98199 (street address) 98124 (P.O. Box) . 2. As to Map 2S113AB, Tax Lot 200, the owner is Watt Petroleum Welding Supply, Inc. , P.O. Box 272, Newberg, Oregon 97132. Keith S. Liden Page 2 May 9, 1989 Please accept this application for lot line adjustment and process it in accordance with the City of Tigai ' ordinances. If you have any questionp, please let me know. Sincerely, PACIFIC REALTY ASSOCIATES, L.P. e4.,dx'cv. r� P. Richard P. "uono Vice President cc: Peter Bechen Ken Fox Leon Hartvickson Steve Pfiaffer Brad R3ast ,orr 111 S`N. Fifth Ave., Suite 2950 P=ThusT Portland, Oregon 97204 503/224 6540 Feceimde: 503/2248709 Pncihc Realt,,, AsE3ocirate`- P��__ May 9, 1989 BY TRANSERVE Brad Roast City of Tigard 13125 S.W. Nall Boulevard Tigard, OR 97223 Dear Brad: Re: Tax Map 2S112DD, Lot 400 & 500 I am enclosing a copy of my letter to Keith Liden, transmitting the lot line adjust.lent application and associated documentation relating to the building we dish to build on Tax Lot 400, Map 2SI12DD in Tigard, Cregon. As you can see, we have now obtained the approval and executed lease amendments moving the additional property to the subject lot in order that when the lot line adjustment is complete, the proposed building will meet the code lot, line placement requirements. I have sent a copy of all of this material to Ken Fox at. the city attorneys' office. We would like to obtain the permit to construct the building as quickly as passible and to that end will be willing if necessary to enter into a revise,dl set of declarations that the City of Tigard can hold during the pendancy of the lot line adjustment application. Once the lot line adjustment is complete, there is no need for any declarations as the building would be properly situated on one lot and no violation of code would occur as a result of the building placement. Please lel me know how quickly we can pick iip the final building permit so that we can move forward with construction of the buiiding. If you have any question;, please let me know. Sincerely, i PACIFIC REALTY ASSOCIATES, L.P. Richard P. Buono Vice President cc: Peter Bechen Ken Fox Leon Hartvickson Keith Liden NEVULN N LEASE AMENDMENT Me�� DATED: - . , 1989 BETWEEN: L.OTTIE L KAUFMAN, formerly known as Lottie L Siegel and RUTH SUBOTNICK LANDLORD AND: PACIFIC REALTY A:;OCIATES, LP., a Delaware limited partnership TENANT By written lease commenting June 1, 1973 (the 'Lease'), U.S. Bancorp Realty and Mortgage Trust ('Ban Trust') leased from Leonard Subotnick and Ben Siegal the land described in the attached Exhibit A, (the 'Property'). Ruth `0octnick has succec.,ed to the interest of Leonard Subotnick and Lottle L Kaufman has succeeded to the Interest of Ben Siegel. Tenant has succeeded to the Interest of BanTrust. The Lease expires May 31, 2023, and contains options to extend the term of the Lease. The Lease was amenied by Amendment To Lease dated February 8, 1983 (the 'Ar,andment'). The Lease and the Amendment are collectively referred to herein as the 'Ground Lease'. Landlord and Tenant now wish to place a portion of the land covered by the Ground Lease under 9 lease of land adjacent to the Property which is owned by Lottle L. Kac:fman, Ruth Subotnick and Judith Fuson and release said portion of land from the Ground Lease. The land to be pleased from the G; and Lease is described in Exhibit B and Is referred to as the 'Released Property'. NOW, THEREFORE, for valuable consideration, the receipt of which Is hereby acknowledged, the parties agree as follows: 1. The Pelessed Property is released from the Ground Lease as of the date of this Lease Amendment. 2. The rental called for under the terms of the Ground Lease shall not be changed. All rental payable under the Ground Lease shall be payable in amounts and upon the dates called for in the Ground Lease. , 3 Except as expressly modified hereby, all terms of the Ground Lease shall remain H full force and effect and shall cot time through the existing term. IN WITNESS WHEREOF, the partieu have executed this agreement as of the day and year first written above. PACIFIC REALTY ASSOCIATES, L.P. LOTTIE L KAUFMAN and RUTH SUBOTNICK By PacTrust Realty, Inc., its, a eral Pa B,j v By Richard P. Buono Lot%LlKaufwan �s Vice President By G 't �� L Ruth Subotnick BLD15AMD 1 04,'16/1986 -mp 77no I 0.a .. EXHIBIT A A tract of land situated in the Southeast quarter of Section 12, Township 2 South, Range 1 west of the Willamette Meridian, Washington County, Oregon, being more particularly described as follows, to-wit: Begir.ni.ng at the Northwest corner of the East one-half of the Northeast quarter of Section 13, Township 2 South, Range 1 weFt of the Willamette Meridian; from said place of beginning thence North 89038' East along the Southerly boundary line of sa::.d Section 12, 271.00 feet to the true place of beginning of the tract to be described; from said true place of beginning thence continuing north 89'38' East along said Southerly boundary lire of Section 12, 351.65 feet to an izon pipe in the Southwesterly right--of-way line of a railroad right-of-way 100.00 feet in width; thence Northwesterly along said Southwesterly railroad right-of-way line on a curve to the right having a radius of 2915.00 feet and a chord which bears ►sur u3 33040' West 523.78 feet to the intersection of the Southeae' erly right-of- way line of SW Upper Boones Ferry Road; thence leaving, said Southwesterly railroad right-of-way line, South 46013' West along said Southeasterly right-of-way line of S'-T Upper Boones Ferry Road, 187.00 feet; thence leaving said Southeasterly right-of-way line of SW Upper Boones Ferry Road, South 13027' East 317.68 feet to the intersection of the Southerly boundary line of said Section 12 and the true place of beginning; EXCEPTT.NG THEREFROM that portion in the Southwest corner thereof described in deed to Leonard Subotnick and Hen Siegel, recorded July 2, 1968, in Book 707, Page 366, Washington County Records. MR MA ARA MUM EXHIBIT B A tract of land s 1tuated in the Southeast J of Section 12 T. 2 S., R. 1 W., W.M. Washington Count;f, Oregon being more particulary describ:id as follows: Bagiraing at the Northwest corner of the East one-half of the Northeast ;d of Section 13 T. 2 S., R. 1 W., W.M.; from said place of beginning thence Nrrth 890 38, Fast along the Southerly boundary line of said Sac"on 12 271.00 f-et ;;o the true place of beginning of the tract to be described; thence North 00 081 West 89.hV feet; thence South 890 38' West parallel with the South like of said section 12 a distance of 121.15 feet; thence North 130 27' West 36.55 feet; thence North 890 38' East parallel with the South line of Section 12 a distance of 1.149.55 feet; thence South 00 22e East 125.00 feet to a point in the South line of Section 12; thence South 890 38' West, along said South line a distance of 20.50 feet to the true point of beginning ... I i i f LEASE AMENDMENT DATED: 1989 BETWEEN: LOTTIE L. KAUFMAN, formerly known as Lottie L. Siegel; LANDLORD SUBOTNICK; and JUDITH FUSON AND: PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership TENANT By written lease dated December 31, 1987 (the "Lease"), Tenant leased from Landlord the lana; described in the attached Exhibit A, (the "Property"). Ruth Subotnick hat. succeeded to the interept of Leonard Subotnick. Ili,- Lease expires July 1, 19x9, and contains an option to purchase the Property excerciseabla by Tenant and an option to require purchase cf the Property excarciseable by Landlord. The Lease was amended by Amendment to Lease date June 30, 1988 (the "Amendment"). The Lease and the Amendment are collectively referred to nerein as the "Ground Lease." Landlord and Tenant now wish to place a portion of the land owned by Lottie L. Kaufman and Ruth Subotnick lying adjacent to the Property (the "Additional Property") under the Ground Lease and have it beccme a part of the Property. The Additional Property is described in the attached Exhibit B. NOW, THEREFORE, for valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The Additional Property is added to and becomes a part of the Property and becomes subject 13 the terms of the Ground Lease e, of the date of this Lease Amendment. 2. All of the terms of the Ground Lease shall apply to the Additional Prrperty including Tenenl's option to purchase the Property and Landlord's right to require Tenant to purchase the Preperty. The uption price for the Property shall not be changed. The Rent called for under the Ground Lease shall not be changed. 3. Except as expressly modified hereby, all terms of the Ground Lease shall remain in full force and effect and shall continue through the existing tenn. ' IN WITNESS WHEREOF, the parties have executed this agreement as of the day ana year first written above. PACIFIC REALTY ASSOCIATES, L.P. LOTTIE L. KAUFMAN, RUTH SUBOTNICK and JUDITH FUSON By PacTru_st Realty, lrl It '6ene I P n / y LottleJ7 Kaufman By 6 By i and P Buono Eiuth ubotrtl k Vice President By Audilh Fuson �j t 04116/1989 SUBOTAMD �MWJUMVKSK EXHIBIT A Legal. Description Beginning at the Southeast corner of Section 12, Township 2 South, Range 1 West, Willamette Meridian, Washington County, Oregon; thence West along the South line of said section, a distance of 681 feet to a point on the west line of the Southern Pacific Railway right-of-way; thence continuing West along the South line of said section, a distance of 251 . 65 feet to the true point of beginning of the tract herein to be described; thence continuing West along the South line of said section, 331 .00 feet: thence North 0. 08 ' West, 89. 40 feet; thence North 890 ,Q ' East, 331 feet, more or less, to a point North of the true point of beginning; thence South 89. 4 feet, more or less, to the true point of beginning. ------- ---------------- i 7, �s EXHIBIT B A tract cf land situated in the Southeast ;d of Section 12 T. 2 S., R. 1 W., W.M. Washington County, Oregon being more particulary described as follows: Aegir-iing at the Northwest corner of the East one-half of the Northeast 14 of Section 13 T. 2 S., R. 1 W., W.M.; frart Laid place of beginning thence North 890 38' Fast along the Southerly boundary line of said Section 12 271.00 feet to the true place cf 'aginning of the tract to be described; thence North 00 08' West 89.10 f,,o ., *he.-.. a South 890 38' West parallel with the South line of said section 12 a diste ,,:e of 121.15 feat; thence North 130 27' West 36.55 feet; thence North 890 38' t.2t parallel with the South line of Section 12 a distance of 119.55 feet; thence South 00 221 East 125.00 feet to a point in the South line of Section 12; thence South 890 3a' West along said South line a distance of 20.50 feet to the true point of beginning ... CITY OF Tiemn, Oppop II IME Ap"SI M'�A=PPLICATION CITY OF TIGARD, 13125 SW Hall, Po Box 23397 Tigard, Oregon 97223 — (503) 639-4171 FOR STAFF USE ONly _ CASE NO. OTHER CASE NO'S: RECEIPT NO. APPLICATION ACCEPTED BY: DATE: 1. GENERAL INFORMATION Application elements submitted: PROPERTY ADDP,ESS/LOCATION 15860 S.W. Upper Boones (A) Application form (1) Ferry Rd. and former 15960 S.W. 72nd Ave. , Tigard, OR (B) Owner's signature/written TAX MAP AND TAR LOT N0. 251 12DD, Lot 00500 and authorization Lot 00400 (f) Title transfer instrument (1) SITE SIZE Lot 00500-2.06 acres; Lot 00400-0,68 acres (D) Assessor's map (1) PROPERTY OWNER/DEED HOLDER* See Below (E) Plot plan (pre--app r_heckt.ist) c/o Lottie L. Kaufman ADDRESS 3339 S.W. Ridge Drive PHONE 246••2719 �(F) Applicant's statement CITY Portland, Oregon ZIP 97219 (pre—app checklist) APPLICANT* Pacific Realty Associates, 1..P; (G) List of property owners and ADDRESS 111 S.W. Fifth Ave, Suite 29:.0 PHOnp 224-6540 addresses within 250 feet (1) CITY Portland, Oregon ZIP 97204 (H) Filing fee (1210) *When the owner and the applicant are different people, the applicant must be the purchaser of record or a leasee in possession with written authori.zatior. DATE DETERMINED TO HE COMPLETE: from the c-fner or an agent of thiL, owner with written _ authorization. The owner(s) must sign this application in the space provided on page two or FINAL DECISION DEADLINE: submit a written authorization with this sppli stion. COMP. PLAN/ZONE DESIGNATION: 2. PROPOSAL SUMMARY The owners of record of the subject property request permission to adjust 2 N.P.O. Number: :T- --Ti�umbt-r parcels of 2.0570 acres and 0.6770 acres Plann_ng Director Approval Date: acreage or square footage into 2 parcels of '..8965acresnd 0.8375 acre 'number) (acreage or square footage) Fi.nAl Approval Date: * Lot 00401` - Lottie L. Kaufman b Ruth Subotnick Planning * Lot 00500 - Lottie L. Kaufman, Ruth Subotnick 6 Judith Fuson '— Engineering 0553P/13P Recordation Date and Number: Rev'd: 3/88 t 3. List any variance, conditional uses, or other land use actions to be considered as part of this application: None _ 4. Applicants: To Have a complete application you will need to submit attachments described in the attached information sheet at the time you submit this application. S. THE APPLICANT(S). SRALL CERTIFY THAT: / A. The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. B. If the application is granted, the applicant will exercise the rights granted fn accordance with the terms and subject to all the conditions and limitatiuns of the approval. C. All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are troie; and the applicants - so acknowledge that any permit isaued, based on this application, may be revoked if it, is found that any such statements are false. D. 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. DATED this day of *pr"' 19 89 SIGNATURES of each owner (eg. husband and wife) of the subject property. LOTTJI L. xAU t� �!r UT SUBOT ICK DITH FUSON PACIFIC REALTY ASSOCIATES, L.P. By Pa rust Reel rel ItGnn a a onbr ByI� c ar uono, ce res ant (KSL:pre/0737P) J TICOR TITLE INSURANCE April 13, 1989 PacTrust ATTN: RICHARD P. BUONO Suite 2950 1. 11 SW 5th Avenue Portland, OR 97204 Dear Mr. Buono: At your request - via Mitch Steeves of our Portland office - I have searched the records of We ,hington County to determine the vested ownership o.` tax lots 2St 12DD 400 and 500: 1 . As of April 7 , 1989 at 8: 00 A.M. , tax lot 2S1 12DD 400 is vested in fee simple title in: LEONARD SUBOTNICK and RUTH SUPOTNICK, as tenants by the entirety, as to an undivided one-half interest, LOTTIJ31 L. KAUFMAN, who acquired title as LOTTIE L . SIEGEL, as to all undivided one-quarter interest, and JUDITH FUSON, as r_o an undivided one-quarter interest, as tenant-S in common 2 . As of April 7 , 1968 at. 8 . 00 A.ft. , tax lot 2S1 12DD 500 is vested in fee si,nple title. in: LEONARD ',(JBOTNICK and RUTH SUBOTNICK, as tenants by the entirety, as to an undivided one-half interest, and LOTTIE SIEGEL, as to an undivided one-half interest, as tenants in common NOTE: Ben Siegel , spouse c Dttie Siegel, is deceased. Thi,; ilformation is supplied to you as a courtesy and is not. a complete title report. If there is anything else I can do for you, please let me know. Yours truly, TICOR TITLE INSURANCE RECEIVED COMPANY OF A�IFORNIA ,- APR 14 1989 MANNING WELSH ��►Cl1R'' Title Operations Manager MW/bia Ticor Title insurance Com6•any of California 4450 S W Lombard Avenue PU ©ox 38 Beaverton Uregnn 97075 (503)6439646 ®r I The sketch below is made solely for the purpose of assisting in locating said premises and the company assumes no liability for variations, if any, in dimensions and location ascertained by actual survey. J TICOR TITLE INSURANCE 6� n� s N 700 74 A`S ( CS. 1003G (Cs. 16010 ) \ 10 \ J i \ \ A i SSS b go' 701 > 500 9�0� / \e� 2 06 AC. 5• a4S503f �.� 'eP 23 _-x, I/ o eti do m eo' 300 'e �Pa� / -2087' .78Ac. N \ I � s (CS 11021 ) 20985' — 5n� N 890 ME '0 400 .66 AC. eo' 584' - VACATED 19.26167 � / SEE MAP �� 113AA �a. F 5' PARCEL I 1.8965 ACR W � LAi o � v� C N N89°38 E 149.5,5 � w ui N 8903B'E M 0 202.50 M0 Ch r N f4°S!JI~E ti 28.38 PARCEL 2 3 0.8375 ACRES ON O � 40.00 Z 351.50 —�NW Cor. 5 89oj(8 W of Eoaf rz of N.E 1/4 of Sec.13 PROPOSED LOT LINE ADJUSTMENT IN THES.E. 1/4 SECTION 12 T.2S.,F.Y K'osh.'ngton County, Oregon Scale: l" = 50' ApIr 1989 ALLAN & UL"PS OLD, F9C. HUM-EYING 4827 N. E. 208th AVEHM PORTLAND, COMON 97=0 0 503 — 234-0734 G� Z� 'p2 REGISTERED FROFESS3ONAL ,0 LAND SURVEYOR loco-0 ORE ON MAY a. 1050 N. o. GENE A. 7 5 THOLD s c W N8 o h ON 231.15 N 89°3B'E . I ALM ALLAN & LEUTIIOLD, INC. SURVEYING 4827 N. E. 105th AVENUE pORTLAND, OREGON 97220 503 — 2540734 PARCEL 1 A tract of land situated in the Southeast quarter of Section 12 T•, 2 S., R. 1 ti'., W.M. Washington County, Oregon being more darticulary described as follows: t the Northwest corner of the East c:ne-hall' of the Northeast 14 of Beginning athence North 890 38' Section 13, T. 2 P.. 1 W. , W.M. ; from sudA place of beginning line of raid Section 12 391-50 feet to the true East along the Scutherly boundary place of beginning of the tract to be described; from said true place of beginning e continuing North 890 38' Fast aiIng said Southerly boundary line a Section thence line of a railroad 12 231.15 feet to an iron pipe in the Southwesterly right of way right-of-way 100.00 f"t in width, thence Northwesterly along said Southwesterly ing a radius of 2915.00 feet railroad right-Of-way line on a curve to the right hav and a chord which bears North 330 40' West 523.78 feet to the intersection of the line of S.W. Upper Boones Ferry Road; thence leaving Southeasterly right-Of-wayline � West along said South- said Southwesterly railroad right-of-Yn�y line South 4b l3 feet; thence • �r rooves Ferry Road 187-00 easterly right-of-wap line of S.W.right-Of-w&7Jpp' line or S.W. Upper Boones Ferry Ruad leaving said southeasterly' o feet; thence South 130 27' East 18;,20 feet; thence North 89 3e, East 149•55 � South 0° 221 East. 125.00 feet to the intersection of the Southerly, boundary line of sai3i Section 12 and the true place of beginning.. Containing 82,612 sq. ft. more or lass... REcisT��En -..,.� PROFESSIONAL LAND SURV OR � G OR - ON MAr - 1969 GENE 4 7 5UTHOLD % --'- ALLAN & LEUTHOLD, INC. SUMMING 4827 N. E. 108th AVENtTE PORTLAND, OREGON 97220 803 — 234-0734 PARCEL 2 A tract of land situated in the Southeast quarter of 3ecticn 12 T. 2 S., R. 1 W., W.M. Washington County, Oregonbeing more parUculary described as follows: $eginning at the Northwest corner of the East one-half of the Northeast 'd of ,,!action 13 T. 2 S., R. 1 W., W.M.; from said place of beginning thence North 89038' East along the Southerly boundary line of said Section 12 ,40.OG feet to the true place of beginning of the tract to be described; thence North 00 08' West 62 .00 feet to a point of curve; 'thence on the arc of a 490.00 foot radius curve to the left (the chord of which bears North 140 51, 31" East 28.38 feet) a distance of 28.38 feet; thence North 890 38' East parallel with the South lino of Section 12 a diitanoe of 202.50 feet; thence North 130 27' West 36.55 feet; thence ;Porth 890 38' East parallel with the South line of said Section 12 a 3istance of 149.55 feet; thence South 00 221 East 125.00 feet to a point in the South line of said Section 12; thence South 890 38' West along said South line a distance of 351.50 feet to the true point of beginning... Containing 36,483 sq. ft. more or less.... REC91STv-RZD PROFF3j;ONAL LAND BURY OR MA Mt oat ` GENE . 7 SUTHOLD ALLIIN & LEUTHOLD, INC. SURVEYING 4827 N. E. 105th AVENUE PORTLAND, OREGON 97220 503 — 254-0734 A tract of land situated in the Southeast �4 of Section 12 T. 2 S., R. 1 W., W.M. Washington County, Oregon being more particulary described as follows: Begir7ing at the Northwest corner of the East one-half of the Northeast �4 of Section 7.3 T. 2 S., R.. 1 W., W.M. ; from said place of beginning thence North 890 38' Fast along the Southerly boundary line of said Section 12 271.00 feet to the true place of beginning of the tract to be described; thence North 00 081 West 89.40 feot; thence South 890 38' West parallel with the South line of said section 12 a distance of 121.15 feet; thence North 130 27' West 36.55 feet; thence North 890 38' I?aat parallel with the South line of Secticn 12 a distance of 149.55 feet; thence South 00 221 East 125.00 feet to a point in the South line of Section 12; thence South 890 38' West along said South line a distance of 20.50 feet to the true point of begirning ... Containing 6992.0 sq. ft. more or less.... REGIS TERM PR0FESsj0t1AL SURVEYOR GON MAY 9, 1Ong 3ENE . 7 UTHOLD r O'DONNELL, RAMIS, ELLIOTT & CREW ATTORNEYS AT LAW 1727 N.W HOYT STREET PORTLAND. OREGON 97209 15031 222-4402 DATE March 29, 1989 TO Brad Roast, City of Tigard FROM Ken Fox, City Attorney's Office RE PacTrust Lease This memo confirms our recent telephone conversations and office visit regarding the PacTrust lease. Paragraph 16. 10 of the PacTrust -lease dated December 31, 1987, proirides a mechanism by which either PacTrust or its landlord may obtain consent of the other when required under the lease. ,s we discussed, the City of Tigard is unable to determine whetter applying f,.)r a permit which requires certain conditions would, under the terms of the lease, require the consent of the landlord. The City cannot put itself in the position of interpreting lease documents to which it is not a party. Accordingly, it is my advice that we obtain the landlord's written consent to this particular building permit application. It PacTrust refuses to obtain the landlord 's consent, I see the following options: 1. Refuse to process the application without further evidence that PacTrust is acting as the property owner's agent; and/or. 2 . Send written notice of the application to the property owners (by certified mail , return receipt requested) advising them of the application and stating that the City will proceed to approve the application unless written objection is recei%ed within a time certain. l would recommend 14 days within which to object. In addition to obtaining the property owner's approval , or, in the alternative, sending them notice of the application, paragraph 3 of the lot line declaration should also be changed. The first phrase now reads: "No one acquiring a— portion of declarant's interest in the property shall have the right to continue maintaining any portion of the scr"ctu.re on or extending across any lot lines . . . . " This language could be construed to not include the obligation of the lessor. Accordingly, I recommend that paragraph 3 be amended to read as follows: Memo re Pa198ust Lease March 29 . Page - 2 any portion �`. declarant's �'No one acquiring including any interest in the property. that may revert interest that is now belle of parcels 1 and to the owner in fee s3h�pto continue 2 , shall have the right a structure on or maintaining any portion of extending across in a lo-: line between Parce]. 1, Parcel 2 and parcel 3 this matter In the _vent counsel for PacTrust wishes -to disco• s further, please fee]. free to refer them to m e. owner objects to the s risk arises in the event e acTrust does not ex(-rc:A e The City purchase and the property the leasehold• its option to p roval upon reversion of building permit app pacTrust beccmes insolvent and the even provided in the lot line further risk arises in obligations p is unabl:- to fulfill its obl ig declaratio:►. KHFjgaj KHF\11GARO\PAC1RUST.MEM CITY OF TIGA R® OREGON March 14, 1989 Mr. Dennis Woods Mackenzie Engineering 0690 SW Bancroft St. Portland, Ore 9720.1 Dear Mr. Woods, This letter is a follow-up of our telephone conversation of Ma=ch 13, 1989, where we discussed the issues of building portions of Pactrust Building 17 OBP over property lines and allowing openings at property lines. As staked in our conversation, I licve no objections to the proposed property line restrictions, however, I have been advised by the City Attorney's Office (Mr. Ren Fox) not to allo•a construction of the building and proposed restrictions without the consent of the property owners, as pertaining to WCTM 2S1 12DD Tax lots 400 and 500. The restrictions, as described in a letter of March 2, 1989, by Mr. Richard Buono, of Pactrust for the vacated portion of SW Washington St. 's acceptable for that portion of the building, as long as the docim:ant is recorded as part of the deed for WCTM 2S1 13AA Tax lots 400 and 500. If you have any questions please call me at 639-4171 Sincerely Brad Roast Building Official cc: Richard Buono Gene Birchill 13125 SWFklll Blvd.,P.U.Box 23397,Tigard,Oregon 97223 (503)639-4171 — �P,iF18iA8 13.48 'Q50S 22n 1285 MSA,ME I --- CITY OF T I CARD 4)02 AMENDMENT TO LEASE DATED: February 0, 1983 BETWEENs LEONARD SUBOTNICK and Ftt,N SIEGEL, co-partners LESSORS AND! PACTFTC RV ALTY TRUE` (formerly U.S. Bancorp Realty and Mortgage Trust` , an Oregon business trust LESSEE By instrument entitled "Lease" Lessors have leased to Lessee certain real property located in Washington County, Oregon fuer a term commencing on June 1, 1973 and expiring on May 31 , 20A3 The parties wish to amend the Lease by addin4 an additional provision thereto. NOW, THEREFORE, the parries agree as follows: 1. The Leann is hereby amended so as to add the following provision thereto "Lessee shall have the right to mortgage its interent in thi.a lease and the improvements on the premises to secure a loan or loans. Lessors shall. not be obligated to Join in the executlun of any murtgaye ur Lu Ruburdii+ate their interent thereto. Lessors agree that, if requested to do so, they will send a notice of any default nn the part of Lasses in performing its Obligations pursuant to the Lease to the holder of any mortgage prior to exercising any right pursuant to the Lease on account of such default and that it will give the person to whom notice is sent 30 days from the date of ieceipt of tt,e notice in which to cure the default." 2. In sl.l ether respects, 4-.he Lease, as amended, shall. remain in full force +end effect. IN WITNESS WHEREOF, the parr-lam have executed this instrument aR of the day and year first above written. LESSORS'' ✓f '616t eon Tr n16tnxTcic en `. req � �Of• l �k LESSECI PACIFIC REALTY TRUST By le- e err. Bechen, r—an`nt—_ 03i08i8N 13,47 QF03 228 121IF; MSAiME I »». CITY OF TICARD Z 003 L E A S i; THIS AGREEMENT, br.tween LEONARD SU80TNICK and BEN STEGEL, co-partners, and U. S. BANCORP REALTY AND MORTrAGE TRUST, an Oregon business trust., WITNESSETH: The said LEONARD SUBOTNICK slid BEN SIE;GEI., hereafter Leasora, in consideration of the covenants and agreements herein, do hereby least unto U. S. BANCORP REALTY AND MORTGAGE TRUST, hereafter Lessee, its successors and assigns, for a period of fifty (50) years from t?,4 may of June, 1973, to the 31st day of May, 2023, the following doscribed premises located in Washingtan County, Oregon, to-wit: DESCRIPTION A t-ract of land situated in the Southeast quarter Of Section 12, Tor,.'nshicl 2 South, Range ). West of the Willamette Meridian, .Dlashington County, Oregon, being more particularly described as follods, to-Witt Beginning at the florthwest corner of the East one-half of the Morth- east quarter of Section 13, To'.+nship 2 South, Range 1 West of i:he Willnrsett'e Mo-ridian; from said place of beginning thence ftorth a90 38' East along the Southerly boundary lire of said Section 12, 271. 00 feet to the true place of beyinn.ing of the t'.rnct to be dPscribr.d; from maid true plate oz beginning thence continuing *Tnrth RVIR' tnst along said Southerly boundary line of Section 12, 351 .65 feet to an iron pipe in the So.1thwesterly right-oe-way line o2 a railroad right-of-way 100.00 feet in width; thence Varthweate,ly along staid Southwesterly railroad right-of-way line tin a curve to the right having a radius of 2915.00 feet and a chord which bears North 33°40' Went 523.7A fact to "ale intexsection of the SoutheaaL•erly right-of.-way line of SW tipper Boones Ferry Road; t•.hence ledging aid Sc.uthwesterly railroad right-of--way line. South 46'13' WPst along said Southeasterly right-of--way lite of Sw Upper Boones Ferry Road; 197,00 feet; thence leaving maid 5vuth'- easterly right--of-way line of. S4; Upper Burnes Ferry Road, South 13'27' East 311.68 feet to the intersriction or the Southerly ` cur._ary line of said SAction 12 and the true place of. beginninat F'CCEPTING 'PfIEILFRO,M that portion in the Southwest corner thereof daacr)hed in dP.ed to Leonnrd Subotnick and Ben Siagel, recorded J�;ly 2, 1968, in 800k 707, Page 306, t•lashington County Racords. Page 1 LEASE 03=08,'89 13.47 CPS03 228 1285 MSA/M6t --- CITY OF TIGARD Z 004 ar.d the said Lessee does hereby promiaQ and agree to pay the said Lessor therefor rental payable on the first day of each month of trA rental term and as follows: a. June 1, 1973 to May 31, 1983 b. June 1, 1983 to May 31, 1993 c. June 1, 1993 to May 31, 2003 d. ,lune 1, 2003 to May 31, 2013 e. June 1, 2013 to May 31, 2023 Lessor hereby gran':s to Lessee two separat . options to extend the lease term for additional ten (10) year terms. Lessee shall notify Lessors in writing of its incenL•lon to exercise said options at least one (1) year prior to the expiration of the original tarn or any extensions thereof. Upon exercise Lessee agrees to pay Lessor for the extension period .a foll0w9! a. June 1, 2023 to May 31, 2033 b. June 1, 2033 to May 31., 2043 h 1.essaa has paid Lessors t1ju that month's lease payment in advance, receipt of which is acknowledged by Lessors. Lessors, as consideration for such advanutt payment, do hereby grant to Lcoocc the right to enter upon the leased prem+aem it, advance of the com mencenent of the 10,96 and commence ground preparation and een!truction upon the said leased pramis6s. Lessors agree to grant a perpetual railway eanement for chill track or tracxs over the leased prem;ses %.then requested by Lessee. The form or forms of said easements will be much as reap.jnably required by the railroad company or companies serving the leased pt .s a s. Lessee hereby grants to Lessors a non-exclusive right to use the spurs servinq Lessee's contiguous properties so long as 1,nnsors' use shall not unreasonably interfere with use thereof by :,essee and its tenants and always in confdrmity with the rhi2 car- rier's regulations. If. Lessors shall desire to sel: the leased premises at any o riuririg the leaan term or any txtenRions thereof, Lessors agree Pace 2- LEASE 1A J03376 03/08/88 13.48 'x'503 228 1285 MSA,,MEI --- CITY OF TIC,APib Zoos to give the Lessee the first right of refusal to purchase the same at the bent price obtainable by Lessors in writing from a bona fide bu•,er. if a condemning authority takes all of the lease premises or a portion sufficient to render the remaining premises reasonably unsuitable for the use Lessee was then making of the lease premises, the lease shall terminate as cf the data the title vests in the con- demning authority and the proceeds of the condemnation shall be divided between the Lessors and the Lessee in the following manner: The values which are established as to the value of the ].and shall go to the Lessor and the value which is established to any improvements shall go to the Lessees if a partial taking shall not render the re- mainder unsuitable and this lease shall continue it, effect, then in said erent, the proceeds of condemnation shall become the sole property of the Lessors and the lease payments sha�l continue. Any holding over by Lessee after the exitration of the term of this lease, or, any extension thereof, shall be a tenancy from month to month. The Lessee shall indemnify and defend Lessors trom any claim, loss or liability arising out of or rel..ted to any activity of the Lessee on the leased premises or any condition of the /eased premises in the possession or under the control of the Lessee. Before going into possession of the premises, Lessee shall. procure and thereafter during the term of the lease shall continue to carry public liability and property damage insurance in a responsible company and such in- surance shall cover all the risks arising directly or indirectly out of the Lessee's activities on or any condition of the leased premises whother or not related to an occurrence caused or contributed to by Lessor's negligence, shall protect Lessee against thy! claims of the Lessors on account of c.bligations aasumed by Lessep, and shall, protect r.essors and Lessee against claims of third persons. Certifie nteu Pnga 3 - LEASE T 03i0H%N9 13 -IN trFi03 228 1285 ME A.,ME I ... r'i rY OF T 1 CARD (a]00e evi4enc.inq such ins'.trance and bearing endOrsemente requiring ten (, G) dayu' written notice to Lessors prior to any change or cancel- le)inn shall be furnished to Lessors prior to Lessee's occupancy of t'A Ctopatty. The ler.ae payments rereunder arra net, net, net. Lessee shall pay all real estate tax.", assessments and charges levied agal..r.st the leased premises during the entire lease term and any .,-Atr!r,sions thereof. IN WITNESS WHEREOF, the parties have executed this lease in dLplicate In Portland, OrA9etl, Oe h1i16 day Of �— 1973. ,•• 47 LESSORS U. S. 13ANCORP -REALTY AND MORTGAGE TRUP By PresirenE Py "-�. ._ ecr9.ary ;age 4 - LEASE 14 MACKENZIE ENGINEERING INCORPORATED [l_,FEVUE n�° MACKENZIE/SAITO&ASSOCIATES, P F-TU0690 S.W. BANCRUF I ST REE • P U BOX 69039 PORTLAND,OREGON 97201-0039 (503)2249560 (503)2249570 FAX(503)228.1286 March 3, 1989 288533 Date: __ � �-- Project Number To: City of Tigard Attention: -Barad Roast __ Project Name: 0•B.P. I Bl dg.17 Please find attached: -— shop drawings _ plans samples specifications XX copy of letter change order XX details calculations Number of copies: Description: (1) set survey $ cover letter regarding Bldg.- 17 construction. _ For your use max_ For your review __- For approval As requested REMv.RKS --- - -- --- __-------..- — Copy to: _ _ — -----__ — ---- - Signed Peter Alto/rck _ Mailed XX Delivered -_ To be picked up if enclosures are not U noted.kindly nobly us U once 111 S.W. Frfth Ave., Suite 2950 7204 P=TAUST Portland, Or"gon3/22 .6540 503/224 8540 Pacific Realty A9Hooates,L Facsimile: 503/224•E709 March 2, 1989 BY MESSENGER Brad Roast, Building Official City of Tigard 13125 S.W. Hail Boulevard Tigard, OR 97223 Dear Brad: Re: Construction of Proposed Building Adjacent to Portion of S.W. Washington Street Vacated by Ordinance #88-17 Ithe "Vacated PrMert " Pacific Realty Associates, L.P. ("PacTrust") leases with option to purchase, the property known as Tax Lot No. 400, Assessor's Map 2S1 12DD, Tigard, Washington County, Oregon. This property adjoins with a common property line, the portion of S.W. Washington Street which was vacated by Ordinance #88-17. A copy of the lease with option to purchase is enclosed with this letter. As you can see, the lease runs for a ten-year period from July 5, 1988 and under the terms of that lease, we have unconditional option to purchase the property at any time after June 30, 1990. It is our intention to purchase the property. With the lease with option to purchase, and with the vacat;jn of the portion of S.W. Washington Street adjoining -.he leased property immediately to the south, PacTrust controls all the property necessary to insure that the south wall of the building we propose to erect on the leased property can be made to comply with all requirements and ordinances affecting +he type of construction of a wall as well as requirements affecting openings in a wall within ten feet of a property line. This letter is given to provide the City of Tigard with assurances that in the event PacTrust is to ever lose control of lax Lot No. 400, Assessor's , j Map 2S1 12DD, PacTrust will ensure that an appropri?te lot line adjustment is made to cause the building to continue to comply with the codes relating to type of construction and wall penetrations on the south wall of the building. LOUM Brad Roast Page 2 March 2, 1989 If you have any questions, please let me know. Sincerely, PACIFIC REALTY ASSOCIATES, L.P. J41 L _. Richard N 9uono Vice President Encl . cc: Peter F. Bechen Leon M. Hartvickson Cunni s Wood 02i28i89 13:35 V503 228 1285 MSA/MEI .... CITY OF TI!AARD FAX C '3VER S H E Z MACKENZIE/SAITO A ASSOCIATES, P.C. (503) 224-9570 MACKENZIE ENGINEERING INCORPORATED 1%603) 224-9560 P.O. Box 69039 Portland, Oregon 972.01 FAX: (503) 228.1285 OATE:_ /'Z JOB NLMER:__ Q '� PLEASE DELIVER THE FOLLOWNG PAGES IMMEDIATELY 30: COMPANY: G C1�-� �A-w✓3 FAX ArCESS NUMBER: 64 cf r.4 EVENT 101: t,.e\ �_ JOB NAME: DESCRIPTION: r brQU1 '�� Arp F RSI: COMMENTS OR SPECIAL INSTRUCTIONS: r TOTAL NUMBER OF PAGES, INCLUDING THIS FAY CGVER SHEET: IF YOU DID NOT RECEIVE ALL PAGES. PLEASE CALL: 2/89 02/28/89 13.40 %T503 228 1265 MSA/MEI .... CITY OF TICARD Z 002 After recording return to: Pacific Realty Associates, L.P. III S.M. Fifth Avenue, Suite 2960 Portland, Oregon 97204 LOT LINE DECLARATION This Declaration is made this day of January, 1989 by Pacific Realty Associates, L.P. , a Delaware Med partnership ("Declarant") . Declarant is the owner of a leasehold interest in each of the parcels of real provarty described in the attached Exhibit A as Parcels 1 and 2. Declarant is the owner of the real property described in the attached Exhibit A as Parcel 3. Parcels 1, 2 and 3 are referred to herein separately as "Parcel V. "Parcel Zr, and "Parcel 3" and collectively as the "Property". Declarant has the unrestricted right under tea leases of both Parcel i and Parcel 2 to construct and to modify iniprovements on said parcels. Declarant, as owner of Parcel 3, has the unrestricted right to construct and to modify improvemiltnts on Parcel 3. Oa clarant intends to erect a structure on Parcel 1, portions of which shall extend onto Parcel 2 and onto Parcel 3. Declarant wishes to establish certain easements and establish the conditions under which certain modifications of the structure it will erect on the Property will be re$uired. NOW, THEREFORE, Declarant hereby declares that its leasehold interest In Parcels 1 and 2 and its fee interest in Parcel 3 shall be held, sold and conveyed subject to the following covenants, which shah run with the Property and shall be binding on all parties having or acquiring any portion of Declarant's rliht, title and interest the Property or any part thereof: I. Ucass And Parkina A. Parcels Z and 2 shall each have a nonexclusive right-of-way and easement to go upon and use the paved areas located on the other and on Parcel 3 for vehicls maneuvering and parking. B. The cost of Maintaining the easmnts provided in this section shall be shared in the 06 lowing proportions; I . Parcel 1 shall be responsible for 60% of such cost relating to Parcel 1 and to Parcel 2 and for 24 of such cost relating to parcel 3. 11 . Parcel 2 shall be responsible for 50% of such cost relating to Parcel 1 and to Parcel 2 and for 20% of such cost relating to Parcel 3. I 1 02/28/89 13-40 1&503 228 1285 MSA:ME i y CITY OF T I GARD Z003 2. Mod1f_ications to structure If it any time the Property shall for any reason, no longer be under th® total control of Declarant, Declarant shall bear the entire cost and expense required to bring the structures erected thereon into full and complete compl ,ance with any applicable building code or regulation relating to separation of structures and wall penetrations at lot lines. 3, AnolicAtion of Aiildina l"aft ifo one acquirin any portion of Declarant's interest in the Property shill have the right 10 continue maintaining an portion of a structure on or extending across any lot lines between Parce 1, Parcel 2 and Parcel 3 which does not fully and completely comply with applicable building codes or regulations relating to saparitlon of structures and wal-1 penetrations at lot lines unless such continuation is approvod ay the City of Tigard, Oregon, or its successor, in its sole and absolute discretion. 4. javernmental An_oroYAl of Ch' r1ir�ations No change stay be made to the Declarations contained herein without the express written approval of the City of Tigard, Oregon, or its auceessor. PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partnership By PacTrust Realty, Inc. Its General Partner 8y Rlcha P. uona Vice President STATE OF OREGON, County of Multnomah )ss. The foregoing instrument was acknowledged before me this day of October, 1988 by Richard P. Buono, Vice President of PacTrust Rei tty Inc. , a Delaware corporation, General Partner of Pacific Realty Associates, L.P. ► a Delaware limited partnership. O 2 FfYOF TIGsARD oroN December 7, 1.988 Mr. Dennis Woods Mackenzie/Saito & Assoc. 0690 SW Bancroft St. Portland, OR 97201 Dear Mr. Woods, I have reviewed the request for a varian.e to the building code to allow a portion of Pactrust Building 17 (15960 SW 72nd Ave.) to cross over a property line ?nd allow walls abutting property lines to have unprotected openings where none are allowed. In reviewing the plans and material submitted, I noted :,3everal concerns: 1. There is a third property that would need tr; be part of the lot line declarant, that being the property t the soul'.%► of Building17. bThe plans do not show that the actual property line is abutting the southwall at grid line G, 6-11. 2. I am concerned as to the legal right for a property lease holder to impose such conditions on separate properties without the property owner(s) signature on the document. Considering all. poi-its )f this request, I do not feel it is within my power to grant such a change to ti:2 building cede, therefore, your request is denied. You do have the option of presenting a request to an Appeals Board. If you have any questions, please call me at 639-4171. SinceLr-e.^ly, Brad Roast I Building Official t jlh 13125 SW Hall Blvd p O Bax 23397,'ilgard,()regon 97223 (503)639-4171 -� f � a �— 11 1 L;.W.Fifth Ave.,Suite 295CJ PALTRUST Portland. Oregon 97204 503/224.6540 Pac:hc Realty AesocisLeS,L — MEMO DATh: 12/02/88 TO: JIM JAQUA & GERAI," RUNYAN FROM: DICK BUON0 SUBJECT: LOT LINE nFCLARATION I am enclosing a re.:-::d Lor. Line Declaration for the building we propose to build In Tigard with penetrations in walls on lot lines. I believe that this agreement addressee the issues vie discussed. We think that this agreement provides the necessary safeguards to insure that the safety considerations tha code is designed to address are not violated now or in the future. As you can see, the city has total control over what can con'.inue in place in this regard at any time t'.1at PacTrust 1s no longer In total control of both lots. Please let Dennis Woods and me know if any additional information would be helpful . We are ready to meet again if furthe- clarlfication is needed. i .p After recording return to: Pacific Realty Associates. L.P. 111 S.W. Fifth Avenue, Suite 2950 Portland, Oregon 97204 ;.2 LOT LOT LINE DECLARATION This Declaration is made this day of December 1988 by Pacific Realty Associates, L.P. , a Delaware limited partnership ("Declarant") . Declarait is the owner of a leasehold interest in each of the parcels of real property described in the attacAed Exhibit A as Parcels 1 and 2. Parcels 1 and 2 are referred to herein separately as Parcel 1 and Parcel 2 and collectively as the Property. Declarant has the un.^estricced right under the leases of both Parol 1 and Parcel 2 to construct and to modify improvements on said parcels. Decl.afant intends to erect a structure on Parcel 1 a portion of which shall extend onto Parcel 2. Derlarant intends to erect said structure with openings in a portion of the wall on the common property line. Declarant wishes to establish certain easements and the conditions under which certain modifications of the structure it will erect on the Property will be made. NOW, THEREFORE, Declarant hereby declares that its leasehold Interest in Parcels 1 and 2 shall be held, sold and conveyed subject to the following covenants, which shall run with Parcels 1 and 2 and shall be binding on all par ies having or acquiring any portion of Declarant's right, title and interest In such par;els or any part thereof: 1 . Access and Parking Parcels 1 and 2 shall each have a nonexclusive right-of--way and easement ' go upon and use the paved areAs located on tate other for vehicle ,daneuvering and parking. The cost of maintaining the easements provided in thi3 5,rction shall be shared equally. 2. Modifications to Structure If at any time the Ptoperty shall , for any reason, no longer be under the total control of Declarant, Oeclarant .:hall bear the entire cost and expense required to bring the structures erected therecn into full and complete compliance with any applicable building crde nr regulation relating to separation of structures at lot lines. 3. Application of ouilding Code No one acquiring any portion of Declarant's intert.st in the Property shall have the right to continue maintaining any portion of a Qtructure extending across the lot line between Parcel 1 and Parcel 2 i'►1 O r which does not fully and completely comply with applicable building codes 1 w � or regulations relating to separation of structures at lot line; unless such continuation is approved by the City of Tigard, Oregon, or its successor, in its sole and absolute discretion. 4. Governmental Approval of Changes to Declarations ao change may be made to the Declarations contained herein without `he express written approval of the City of Tigard, Oregon or its successor. PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partnership By PacTrust Realty, Inc. Its General Partner By Richard P. Buono Vice Preoident STATE OF OREGON. County of Multnomah )ss. The foregoing iistrument was acknowledged befnre me this day of October, 1988 by Richard P. Buono, Vice President of FacTrust Realty Inc. , a Delaware corporation, General Partner of Pacific Realty Associates, G.P. , a Delaware 11mited partnership. r 1 I i I a After recording return to: Pacific Realty Associates. L.P. 111 S.W. Fifth Avenue, Suite 2950 Portland, Oregon 97204 ;,OT LINE DECLARATION This Derlaration is made this day of December 1988 by Pacific Realty Associates, L.P. , a Delaware limited partnership ("Declarant" ) . Declarant is the o:ner of a leasehold interest in each of the parcels of -?a'' property described in the attached Exhibit A as Parcels 1 and 2. Parcels 1 and 2 are referred to herein separately as Parcel 1 and Qarcel 2 and collectively as the Property. Declarant has the unrestricted right under the leases of both Parcel 1 and Parcel. 2 to construct and to modify improvements on said parcels. Leclarant intends to erect a structure on Parcel 1 a portion of which shall extend c,to Parcel 2. Declarant intends to erect said structure with openings in portions of the wails on the common property lines. Declarant wises to establish certain easements and establish the conditions under whic:l certain modifications of the structure it will erect on the Property will be required. NOW, THEREFORE, Declarant hereby declares that its leasehold Interest in Parcels 1 and 2 shall be held, !old and conveyed sub,jEct to the following covenants, which shall run with Parcels 1 and 2 and shall be binding on all parties haling or acquiring any portion of Declarant's right, title and interest in suci. parcels or ai:y part thereof: 1 . Access and Parkin Parcels 1 and 2 shall each have a nonexclusive right-of--way and easement to go upon and use the paved areas located on the other for vehicle maneuvering and parking. The cc=t of main'.aining the easements provided in this section shall be shared equal).y. 2. Modifications to Structure If at any time the ?roperty shall , for any reason. no longer be under ':he total control of Declarant, Declarant ehall bear the entire cost and expense required to wring the structures erected thereon into full and complete compliance with any applicable :ruilding code or regulation relating to separation of structures and wall penetrations at lot lines. i 3. Ap1�r_.ica_tion of Building Code No one acquiring any portion of Declaran'.'s interest in the Property shall have the right to continue maintd,'ning any portion of a structure on or extending across anV lot lines -etween Parcel 1 and Parcel 2 which does not fully and completely comply with applicable building coves I or regulations relatAng to separation of structures and wall penetration-i at lot lines unless such continuation is approved by the City of Tigard, Oregon, or its successor, in its sole and absolute discretion. 4. Governmenta]. Approval of Changes to Declarations No change may be made to the Declarations contained herein without the express written approval of the City of Tigard, Oregon or its successor. PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partner9hip By PacTrust Realty, Inc. Its General Partner By --- Richard P. Buono Vice President STATE OF OREGON, County of Multnomah )ss. The foregoing instrament was acknowledged before me this __ day of Octooer, 1988 by Richard P. Buono, Vice President of PacTrust Realty Inc. , a Delaware corp -ation, General Partner of Pacific Realty Associates, L.P. , a Delaware limited partnership. 1 2 MACKENZIE/SAITO&ASSOCIATES,P.C. ARCHITECTURE, PLANNING, INTERIOR DESIGN 0690 S W BANCROFT ST •P 0 BOX 69039 PORTLAND,OREGON 97201-0039•(503)2249570•FAX(503)228 1285 November 30, 1988 Consolidated Fire and Rescue Attention: Jerry Runyan City of Beaverton Fire Department P.O. Box 4755 Beaverton, Oregon 97076 Re: Oregon Business Park I - Building No. 17, Tigard, Oregon Building Code Appeal Project Number 788533 Dear Jerry: This letter is to request a building code appeal hearing regarding the above project. the appeal concerns a building that spans over two adjacent lots for which PacTrust holds lease agreements, allowing total use and construction of structures on said property. Due to financial planning on the part of the property owner, PacTrust will not be able to purchase the lot on which the majority of Building No. 17 is located until Jure 1990. PacTrust holds the lease on the adjacent property to tho north until 2043 and `gas first right of refusal if this property becomes available. Therefore, we propose to construct the 1-hour wall along the eAisting lot line with a 2'-6" parapet: the openings will he unprotected, If the prnperty were divided among separate controlling partners at a future date, the openings could be filled in to create a party wall between the two lots. We have reviewed the structure of the bui�a;ng, and it will be possible to modify it at a future Date to allow the structure on either side to be removed. If the above proposal meets with Board approval , PacTrust will prepare a legal document generally conforming to that attached to be recorded and tied to the property. In the event that thy. lease agreements should terminate or the above property b,2 sold to another party, this document will apaPar as an encumbrance in a title report. If you have any questions, please fzel free to contact me. Sincerely, Dennis R. Woods DRWideb Enclosure AMENDMENT 10 LEASE �( f i This Amendment to Lease is entered into this 30tr day of June, 1988, by RUTH SUBOTNICK, widow of Leonard Subotnick, LOTTIE L. KAUFMAN, formerly known as Lottie L. Siegel, and JUDITH FUSON ( "Landlord" ) and PACIFIC REALTY ASSOCIATES, L.P. , a Delaware limited partnership ( "Tenant" ) . Landlord and Tenant are the parties to a Lease with Option to Purchase dated December 31, 1987. Pursuant to the terms of such lease, the lease term and Tenant' s right to pos- session is scheduled to commence on july 1, 1988. The pa:;t:ies wish to defer the commencement date of the lease and to spoci.fy the r:-ntal for the first partial month of the lease term. NOW, ".. irREFURE, for valuable consideration. , the receipt of which is hereby acknowledged, the parties agree that Tenant' s right to possession under the lease sliall commence cn July 5, 1988 and that rental under the lease for the period July 5, 1988 through July 31, 1988 shall be the amount of S uth St�}abt] k ByLt% �f - Sol Siegel, her Corney at law 'J Lo tie L. Kauf!maiV, formerly Lottie L. Siege. =.�. w c:' a ruson PAC I ALTY t n-F-�S, L.P. . a�De l im d pYcnership By t rr N �T 1 N 'T t-h:1✓ �' CT 1 k�'�S - or�IT FLAG ` �`P..c.TRub T T O HA�/C •cJ�..rv�,�ZS AG�.�EI" -t'v c�Nc� � r1,.N5 �R- �_ i -t y �, v✓� L_ S� N� /'tel� r/<(� Tc� O�v w�^Z:i r�.•c' T i-� �:.. '�.=� � ..r✓ra T! o✓�/ �C lie[7'//�//..c.� •_,u.r, ._ (�Ac•,....T+� �..'4 f ��/'/L ice. /I'u r.:��✓�, !�✓�/%'�/ 1"tJ� �_� ry �PJfC ars S 'N 7" �..i �5 ..�c/a ✓. S t"�C'/�T/v/`/S JE r cam-/�r~�/�C.. /0✓TJ r f t � � I LEASE WITH OPTION TO PURCHASE DATED: December al , 1987 BETWEEN: LEONARD SUBOTNICK and RUTH SUBKpNICKN, husband and wife; LOTTIE L. formerly known as Lottie L. Siegel; and JUDITH FUSON 15960 SW 72nd Avenue LANDLORD Portland, Oregon 97224 PACIFIC REALTY ASSOCIATES, L.P . , a Delaware AND: limited partnership 111 SW Fifth Avenue, Sui.tc 295C TENANT Portland, Oregon 9'.'204 Tenant. wishes to lease from Landlord the real property e Washington County, Oregon, more particularly situat_d inhibit ether with thedescrbed in imPr'o'Je- he hed mentsllocated tthereon c ( the�"Property" ) . NOW, THEREFORE, Landlord hercby leases the Property to Tenant on the following terms: l . TERM . This lease snall be for -i term of. 10 years commencing on a date specified by written notice from Landlord to Tenant, which date shall be not less than 30 days after the date of such nc,tice and not earlier than January 1 , 198a nor later than If Landlord fails to notify 'renant of a commence- July 1 , ;98$ . 1 , 1988 . ment date, then the lease term will commence on July 2 , RENT. 2 . 1 Rent. Upon (:ommencement of the leaWhicheveterm �ris delivery of possession iof the Property to Tenant, n rm of later, and througholitthe lorrem asroh entforthe Pllease, Propertythesum of Tenant shall pay to La per month. :: . 2 Manner_of' Rental Pa., ent,: . Rent shall be payable in advance on the first day of each month at the address far Landlord set forth in this lease, or such other address as each Landlord mzy des.gnate in writing to Tenant. 2 . 3 Net Lease . This lease is intended to be a net nt shall pay all expenses of every type lease, meaning that Tena relating to the Property, excepc as otherwise expressly provided in this lease. 3 . USE OF PROPERTY; MAINTENANCE AND ALTERATIONS. 3 . 1 Permitted Use. The Property may be used for any lawful purpose. 3 . 2 Compliance with Laws. In connection with such use, Tenant shall. comply at its expense with all applicable laws and regulations of any public authority applicable to the Prop- erty and its use . 3 . 3 Maintenance_ of Property. Lanelord shall h?ve no obligation to make any repairs or perform any maintenance on any impr-ivements located on the Property. 3 . 4 P.lterations. Tenant may from time to time con- str»ct, improve , demolish, remove, replace, al �e,r, reconstruct, remodel or add to any improvements on the Property in part as Tenant may deem necessary or desirable . 3 . 5 Street Vacation. Tenant shall have the right during the lease term to apply for vacation of Washington Street as it adjoins the Property. Landlord agrees to cooperate with such vacation. Any portion of the vacated street which is appurtenant to t:ie Property shall become a part of the Proper�y for purposes of this lease and option to purchase . 4. _TAXES AND ASSESSMENTS; UTILITY CHARGES. 4. 1 EAY'lent by Teriant. During the lease term Tenant spall pay when due all taxes, assessments, and public charges on the Property . Taxes and assessments for the first and last year of the lease shall be prorated between Landlord and Tenant on the basis of tn- portion of the tax year that Tenant occupies the : rnperty. 'Tenant may use any availanle installment payment plans fol special assessments and in such case shall be obli- gated to pay only those installments falling due during the term of this lease . Tenant may make applications for such install- ment payments i,i Landlord' s name as Landlord' s attorney-in-fact. 4. 2 Contesting Taxes. Tenant shall he entitled to contest in (good faith the amount of . ny tax oi- assessment, pro- vided Landlord' s interest in the Property is not jeopardized because of nonF�ayment. Landlord will cooperate with Tenant in connection with such contests and will execute documents and allow the contest to be conducted in its nam ' wherever necessary and reasonable . Any rebate received by I.,andLord on account of any tax or asLessment prid by Tenant shall be immediately paid to Tenant . 2 a . Egg M. 4. 3 Payment of UtilitiesChar es. Tenant shall pay when due all charges for services and utilities incurred in con- nection with the use, occupancy, operation, and maintenance of the Property, including but not limited to charges for fuel, water, gas, electricity, sewage disposal , power, refrigeratiL: !, air conditioning, and janitorial services. 5 . LIABILITY TO THIRD PERSONS. 5 . 1 Liens. ( a ) Tenant sha11pay as due all claims for work done on or for services rendered or material �urnished to the Property, and shall keep the Property free f,:om any liens, other than liens or encumbrances permitted by Section 14 below. If Tenant fails to pay such claim or to discharge any lien, Land- lord may do so ani collect such amount as additional rent. Amounts paid by Landlord hereunder shall bear interest at the rate of 2 percent per annum over the prime interest rate of United States National Bank of Oregon as of the date of expen- diture by Landlord and shall be payable on demand. Such payment by Landlord shall not constitute a waiver of any tight or remedy Landlord may have because of. Tenant' s default. (b) Tenant may with cold payment of any claim in connection with a good faith dispute over the obligation to pay, so long as Landlord' s property intere-_t. are not jeopardized. If a lien is filed as a result of nonpayment, Tenant shall within 10 days after knowledge of the filing secure the dis- charge of the lien or deposit with Landlord cash or sufficient corporate surety bond -)r ether security satisfactory to Landlord in an amount sufficiei to discharge the lien plus any costs, attorneys' fees, and other charges that could accrue as a result of a foreclosure or sale under the lien. 5 . 2 Indemnification. Tenant shall indemnify and defend Landlord from any claim, loss, or liability arising out of or related to any action or inaction of Tenant, its sub- tenants and invitees, or any condition of the Property. 6 . LIABILITY INSURANCE. Tenant shall continuouEly maintain at its expense com- prehensive broad form public liability insurance in a respon- sible company covering claims and liability for personal injury, death, or property damage with a conbined single limit of not less than $1 , 000, 000 . 3 7. EMINENT DOMAIN. In the event all or any portion of the Property is ondemned or purchased in lieu of condemnation, the entire award or proceeds shall belong to Landlord, except ( a) any portion of the award attributable to Tenant' s fixtures, personal property or moving expenses, and (b) the amount, if any, by which the balance of such award exceeds the purchase price for the Prop- erty stated in paragraph 12 below. The remainder of the award shall belong to- Tenant. If all of the Property is taken, the lease shall terminate as of the date the condemning authority takes possession; otherwise , the lease shall continue as to the remainder of the Property, but the purchase price under the option to purchase shall be reduced by the amount of the award retained by Landlord and the rent shall be reduced in the pro- portion to the reduction of the fair market value of the Prop- erty due to the taking. 8. ASSIGNMENT. Tenant shall have the .right to assign, sublease or otherwise transf`r Tenant' s interest in this lease or the Prop- erty without the prior consent of Landlord. In the event of any such transfer, Tenant shall not be relieved of its oligations hereunder, but shall remain primarily liable to Lan '.ord for performance of all such obligations. 9 . DEFAULT. The following shall be events of default: 9 . 1 Default in Rent. Failure of Tenant to pay any rent o- other charge within 10 -1ays after written notice that it is due . 9 . 2 Default in Other Ccvenants . Failure of Tenant to comply with any term or condition or fulfill any obligation of the lease (other than the payment of rent or other charges) within 30 days after written notice by Landlord specifying the nature of the default with reasonable particularity. If the default is of such a nature that it carnot be remedied fully within the 30--day h-,riod, this requirement shall be satisfied if Tenant begins correction of the default within the 30- day period and thereafter proceeds with reasonable diligence and in good faith to effect the r3meuy as soon as practicable. 10 . REMEDIES ON DEFAULT. Upon default, Landlord may exercise any one or more of the Following remedies, or any other remedy available under appl:.cable law: 4 I 10. 1 Retake Possession. Landlord may retake pos- se�sion of the Property, using summary proceedings if the Prop- erty has not been vacated, and use the Property for 'Landlord' s own purposes or velet it upon any reaFonable terms, none of which shall be deemed an acceptance of surrender by Tenant. 1.0. 2 Darages for Default. Whether or not Landlord retakes possession or relets the Property, Landlord may recover all damages caused by the default ( including but not limited to unpaid rent, attorneys fees relating to the defau unpaidlt, and costs n d may sue periodically to recover damages of' reletting) . Landlor as they accrue during the remainder of the lease term without y atany barring a later action for further. damages . Landlord may time bring an action for accrued damages plus damages for the remaining term of th: s lease equal to the difference between the rent specified :ierein and the reasonable rental value of the Property for Lhe remainder of the term, discounted to the time of judgment at a rate equal to the then prevailing prime inter- est rate of United States National Bank of Oregon. 10. 3 Cure of Tenant' s Def&ult. Without prejudice to any other remedy for default, Landlord may perform any obligation or make any payment_ required to cure a default by Tenant, and all costs so incurred shall immediately be repaid by Tenant plus interest at 2 percent per annus, over the prime interest rate of United States Nacional Bank of Oregon as of the date of expenditure until paid, but in no event greater than the maximum interest rate permiti.ed by law. 11 . HOLDOVER. If Tenant does not vacate the Property at the time required, Landlord shall have the option to treat Tenant as a tenant from month to month, subject to all of the provisions of this lease except the provision for term. TENANT' S OPTION TO PURCHASE THE PROPERTY. Grant and _Consideration In consideration of his the mutual promises and agreements of the p�rclusiveand ties der tirrevo- .lease, Landlord grants to Tenantrte solat , time durin3 the cable right to pu;:chase the Propo�rovided, however, that Tenant lease term after. June 30, 1990; p is not then in default under this lease. 12 . 2 *fanner of Exercise. Tenant may exercise its option to purchase by written notice to Landlord given not later than 60 days prior tc the intended purchase date as specified in the noti.:e ( the! "Purchase Closing Date" ) . 5 P. I LIL 12 . 3 Purchase Price. The purchase price of the Prop- erty is $ to be paid in cash on the Purchase Closing Date . 12 . 4 Conveyance. C:onveyan� e of the Property shall be by warranty deed, subject to the encumbrances set forth in Exhibit. B attached hereto and any liens or encumbrances granted or suffered by Tenant after the execution of this lease. 12 . 5 Closing. The purchase of the Property by Tenant shall oe closed on the Purchase Closing Date in the offices of Ticor Title Insurance Company. Closinq shall take place in the manner and in accordance with the provisions set forth in this lease . At closing, Tenan` shall be responsible for paying the recording fee for the deed described in paragraph 12 . 4. Taxes levied after commencement of the lease term shall not be pro- rated, but Landlord shall be responsible for all assessments which may have become a lien prior to commencement of the lease term. Fent under this lease shall be prorated as of the date of closing. r12 . 6 Title Insurance . As soon as practicable there- after, Landlord at its expense shall furnish Tenant with an owner' s policy of title insurance in the amount of the total purchase price for the Property, subject only to the standard printed exceptions of the title cumpany and exceptions for the matters described in paragraph 12 . 4. 13 . LANDLORD' S OPTION TO REQUIRE TENANT TO PURCHASE. At any time during the lease term, Landlord, at its option, by written notice to Tenant may require 'Tenant to pur- chase the Property for a purchase price o: to be paid in cash at closing. Closing of' such purchase sh--L31. occur within 60 day, after Landlord' s notice to Tenant in accordance with the provisions of Section 12 above. 14. MORTGAGF: OF LEASEHOLD ESTATE BY TENANT. Texan shall have the right to mortgage or pledge its interest in this lease and the improvements on the Property to secure a loan or lcans . Landlord shall not be obligated to join in the execution of any mortgage u,: trust deed or to subordinate its interest thereto. Landlord agrees that, if requested to do so, it will send a notice of any default on the part of Tenant in performing its obligations pursuant to this lease to the holder of any mortgage or trust deed prior to exercising any right pursuant to tris lease on account of such default and that it will give the perso;i to whom notice is sent 30 days from the date of receipt cf the notice in which to cure `.he de£aul"- . 6 i5 . WARR.AVIf OF DIET ENJOYMENT. So Iuoy as Tenant complies with all terms of this lease, Tenant shall be entitled to peaceable and undisturbed p-ssession cf the Property free fron, any interference by Land- lord or those claiming through Landlord, except as set forth .in the attached Exhibit B. 1.6 . GENERAL PROVISIONS. 16 . 1 Time of the Essence . Time is of the essence of t;:e pe- formance of each of—the--obligations under this lease. 16 . 2 Nonw_aiver. Waiver o` pP�formanee of any provi -- _ Sion shall not be a waiver of nor prejudice the party' s right otherwise to require perf,)rmance of the same provision or any other provision. 16 . 3 Succession. This lease snail bind and inure to the benefit of the parties, their respective heirs, successors, and assigns . 16 . 4 Proration of. Rent If this lease starts oz ends during a rental period, the rent ( including taxes) shall be pro- rated as of such date. Upon termination other than for default prepaid rentshall be refunded. 16 . 5 NoticeF . Notices under this lease shall be ir. writing, effective Then delivered, or if mailed, effecti%-: on the earlier of delivery or the second day af4er deposite:i as registered or certified mail , return resp : t requested, postag,, prepaid to the address for th_ purty stateu in this lease, or to such o'cher address as either party may speci y by notice to the other. 16 . 6 Attorneys' Fees. In the event suit or action is instituted to interpret or enforce the terms of "' is lease, the prevailing party shall �'d en,:icled to recover from the other party such sum as the court may adjudge reasonable as attorneys' fees at trial or on appeal or petition for review of such suit or action, in addition to all other sums provided by law. 15 . 7 EstqRpel Certificates. Within 20 days after written request by the other party, either party shall execute and deliver a certificate prepared by the other party stating whether or not this lease has been modified and is in full force and eFfect and specifyi.nq any madification5 or alleged breaches by the other party. This certificate shall also stare the amount of monthly rent, the dates to which rent has been paid in advance, and the amount of any prepaid rent. Failure to deliver the certificate within the specified time shall be conclusive 7 r upon the party to whom the certificate was re(-uesLed that the lease is in full force and effect and has net been modified, except as may be represe-.�_ed by the party requesting the certificate. 16. 8 Memorandum of Lease. At the request of either party, the parties shall execute and acknowledge a memorandum of lease in recordable form which shall include a legal description of the Property and the term of the lease, and eitner party may record the memorandum. 16 . 9 Performance by_Subtenant. Any act required to t p be performed by Tenanursuant_to the terms of this lease may be performed oy any subtenant of Tenant occupying all or any part of the Property. The performance by the subtenant shall be deemed to be performance by Tenant and shall be acceptable as Tenant' s act by Landlord. 16 . J Consent. Whenever the consent or approval. of Landlord or Tenant is required under this lease , the party will promptly exercise its judgment in a reasonable manner followirg ieceipt of the request .from the other party. 16. 11 Ap La_w. Ti.: lease has been executed and delivered by Landlord and Tenant in the State of Oregon, and all transactions contemplated by this lease are to be consum- mated in the State of Oregon. The parties agree that the law of the State of Oregon shh: 1 be applicable for all purposes, including but not limited to construing and determining the validity of t'.]is lease and determining the rights and remedies of Landlord in the event of default by 'Tenant. 16 . 12 Prior hgr,�-ements. This lease is the entire, ' final and complete agreement of the parties with respect to the matters set forth herein, and supersedes and replaces all writ- ten and oral agreements previous? y made or existing by and betw en the parties or their representatives with respect to suc.i matt-rs. 16. 13 Validity Provisions . If any of the provi- sions contained in this lease shall be invalid, illegal, or 8 unenforceabl�,2 in any respect, the validity of the remaining pro- visions contained in this lease shall not be affected thereby. IN WITNESS WHEREOF the parties have !xecuted this lease _s of the date first above written. LANDLORD: ( �?r� �-_,g 4 __ Leonard Subotnick Ruth Subotnick "Lottie L. F:a tisfmin, formerly Lottie L. Siegel dith Fuson TENANT: PACIFIC REALTY ASSOCIATES, L.F. , a Delaware limited partnership gyL f• 9 r J Affjv1t MF WAIRAPIF EXHIBIT A Lea- l Descr_i�tior. neginning at the corner of Section 12 , Township 2 South, Range 1 gest , Will,iniette Meridian , Washington County, Oregon; thence gest along the South line of said section , a distance of 681 feet to a point on the Wc,;t line of the Southern Pacific Railway right-of-way; thence continuing West along the South line of said section, a distance of 251 . 65 feet to thr, true point of beginning of the tract herein to be described; thence continuing West along the South line of said section, .331 . 00 feet; thence North 00 08 ' West, 89 . 40 fent; thence N(;rth 890 38 ' East , 331 feet, !-%.-)re or less , to a point North of the true Point of beginning; thence South 89 . 4-feet , __ more or less , to the true point of beginning. --- - 10 ■ w w � d EXHIBIT B 1 . The premises herein described are within and subject to the statutory powers, including the power of assessment of the Unified Sewerage Agency of Washington County, a municipal corporat.' on. 2 . Rights of the public in streets, roads and highways. 3 . Consent Covenant, including the terms and provisions thereof, filed by Leonard £ )otnick, recorded September 18, 1981 as Fee No . 81021804, Records of Washington County, Oregon. 4. Street dedication, includt,.g the terms and provisions thereof, filed by Leonard Subotnick, recorded January 25, 1984 as Fee No. 84003011, Records of Washington County, Oregon. i 11 qi� MEMORANDUM OF r_EA!.E WITH OPTION TO PURCHASE By instrument in writing dated December 1987, Leonard Subotnick and Ruth Subotnick, husband and wife, and Lottie L. Kal!fman, formerly Lottie L. Siegel, and Judith Fuson ( "Landlord" ) has leased to PACIFIC REALTY ASSOCIATES, L. P . , a Delaware limited partnership ( "Tenant" ) , that certain real prop- erty located in Washington County, Oregon, more particularly described in the attached Exhibit. A. This memorandum is exe- cuted to evidence and confirm the lease referred to above, to which reference is made for its terms and conditions which include the following: 1 . TERM. The term of the lease will be for 10 years commencing on a date specified by written notice from Landlord to Tr•.iant, which date shall be not less than 30 days rafter the date of such notice and not earlier than January 1 , 1988 nor later than July 1 , 1988. 2 . 0PTIOJ TO PURCHASE. The 1Fase provides +t Tenant shall have an option to purchase the leased premis during a portion of the lease term. DATED this _3 / day of December, 1987 . r LANDLORD: �- Leonard Subotnick Ruh Subotnick ofn.� .k 4 01 �. o tie L. K uaf f►�an, formerly Lottie L. Siegel u ith Fuson TENANT: PACIFIC REALTY ASSOCIATES, L. P . , a Delaware limited partnership By _ — --- STATE OF OREGON ) ) J J County of Clackamas) The foregoing instrument was acknowledged before me 9gg`hy LEONARD STIROTNICK AND this day of March, > RUTH SUBOTNICK, husband and l ary Pub is for Oregon My commission expires: STATE k)F OREGON ) I 1 ) ss. County of The foregoing i.nstru nt was acknowledged efore me this �p day of march, 1988 by LOTTTE �- KA foimer"1y Lottie L. Siegel . o ry Public for Oregon My commission expires: STATE OF OREGON ) �� ) ss. County of M-'Jh04 The foregoing instrum t was acknowledged before me this day of March, pYoubic j+ -ON. Notary t: Gregon My c:3mmission expires: STATE OF OREGON �Q County of _ ikno a before me � 1 Y'Ihe foregoing instrumentbwaQ1 of this O _ day of March, d - PACIFIC REALTY ASSOCIATES, a Delawar partnership, on behalf of a art ers p t ry Public for Oregon My commission expires: 2 am OR �[ �! �► EXHIBIT A i;e al Description Beginning at the Southeast corner of Section 12 , Township 2 South, Range 1 West , Willamette Meridian, Washington County, Orcoon; `her.ce West along the South line of said section, a distance of 661 fee,, to a pent on the hest line of the Southern Pacific Railway right-of-way; thence continuing hast along the South line of said section, a distance of 251 . 65 feet to ths: true point of beginning of the tract herein to be described; thence continuing West along the South line of said section, 331 . 00 feet ; thence North 0° 08 ' West , 89 . 40 feet; thence North 89° 38 ' East, 331 feet, more or less , to a point North of the true point of beginning; thence South 89 . 4 feet , more or less , to the true priint of begs.nning- ------------- ------ ------ 3 3 IWAFm ' S.89 °24'24' W _ --- - - - 202.50' - O 0 I I 0 0 ^ V S 14 .0 ------ U � N.89 '24'24"E _-_ ---•------_ _ - -� --- - ._._ 4t 9.82' Ito BUILDING 17 1 �\ 1� 11 Y n I g (9) 5'1`u, (F 1'-0,, t 0 J H G B i3', 0 i _ qq'-0" SITE PLAN Scale 1120 " = 1 ' 0 V7004Ac. 81..020 AC. (0: 18110 ) 1000 !c 76 AC 701 • J 'Ir x(05 IR782)\ �'o°i. 500 %,. 06 AC 1100 \ P AC. CO* V t 1 �' 23-74 V t� IGS. 18294) a eti /etiu e J 300 76Af I � ^h A w (05 11021) 3 too*@' �t 400 es°58'E � .68 AC ee Ali' 604 y� .. ... - VACATED Vi 1 R 1e (S W WASMINOTON ST VACATED 88'43066) 7f-IG467 r�J r �i�l J r� - __ �� -� -F� SEE MAP �0 l 2S 113AA QO