MMD2016-00033 MMD2O16 - 00033
Pac Trust
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2016-00033 0151
PACTRUST
TIGARD
120 DAYS = March 21, 2017
SECTION I. APPLICATION SUMMARY
FILE NAME: PacTrust
CASE NO.: Minor Modification(MMD) MMD2016-00033
PROPOSAL: The applicant is proposing a minor modification to on-site landscaping and
parking at 15495 and 15575 SW Sequoia Parkway, in order to accommodate nine
(9) new ADA accessible parking spaces.
APPLICANT: Pacific Realty Associates,L.P.
Attn: Leslie Louis
15350 SW Sequoia Parkway,Suite 300
Portland, OR 97224
OWNER: Same as applicant
LOCATION: 15495 and 15575 SW Sequoia Parkway
WCTM 2S112DA,Tax Lot 600;WCTM 2S112DD,Tax Lot 1600
ZONING
DESIGNATION: I-P: Industrial Park District. The I-P zoning district provides appropriate
locations for combining light manufacturing, office and small-scale commercial
uses, e.g., restaurants, personal services and fitness centers, in a campus-like
setting. Only those light industrial uses with no off-site impacts, e.g., noise,
glare, odor, vibration, are permitted in the I-P zone. In addition to mandatory
site development review, design and development standards in the I-P zone
have been adopted to insure that developments will be well-integrated,
attractively landscaped,and pedestrian-friendly.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360.060.0
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted
in Section IV.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
MMD2016-00033 PacTrust 1
SECTION III. BACKGROUND INFORMATION
Site Information:
The project is located at 15495 and 15575 SW Sequoia Parkway; north of SW Upper Boones Ferry
Road,west of SW Sequoia Parkway, and east of SW 721'd Avenue. The 4.97-acre site is made up of two
tax lots (WCTM 2S112DA, Tax Lot 600; WCTM 2S112DD, Tax Lot 1600) and contains two
commercial buildings, on-site parking, and associated landscaping. The site is zoned Industrial Park (I-
P), as are adjacent properties to the north, south, and east; adjacent properties to the west are zoned
Light Industrial (I-L).
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW:
Section 18.360.060.0 states that a Minor Modification shall be approved, approved with
conditions or denied following the Director's review and as follows:
1. The proposed development is in compliance with all applicable requirements of this
title; and
FINDING: The applicant is proposing a minor modification to on-site landscaping and parking at
15495 and 15575 SW Sequoia Parkway,in order to accommodate nine (9) new ADA accessible parking
spaces. As a result of this proposal, 1,228 square feet of on-site landscaping will be removed. In March
1992 (Case No. SDR1992-00005), the City of Tigard Planning Division approved a reduction to the
minimum landscape requirement for this development from 25% to 20%. Accordingly, staff reviewed
the applicant's submitted site plan to confirm the development continues to exceed the 20% minimum
landscape requirement,even with the proposed 1,228-square-foot landscaping reduction.
In addition, this proposal will reduce the total on-site parking count by three (3) spaces. In August 2016
(Case No. MMD2016-00024), staff determined the minimum off-street parking requirement for all
existing uses at the subject site was 170 spaces. No subsequent land use approvals have been issued that
would impact off-street parking requirements. Accordingly, staff finds that even with the proposed
removal of three (3) parking spaces, there is still adequate parking at the site,with 282 spaces provided.
Upon review of the applicant's plans and narrative, staff finds that all other applicable requirements are
met.This criterion is met.
2. The modification is not a major modification.
FINDING: Staff finds that the changes listed in TDC 18.360.050.B.1-11 are either satisfied or do
not apply.Therefore, the proposed development is not a major modification.This criterion is met.
CONCLUSION: The proposal is a Minor Modification of existing site development and is in
compliance with the applicable requirements of this Tide.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Notice:
Notice was posted at City Hall and mailed to:
X The applicant and owners
X Affected government agencies
Final Decision:
A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is
MMD2016-00033 PacTrust 2
mailed or otherwise provided to the applicant,whichever occurs first. The Director's decision may not
be appealed locally and is the final decision of the City.
THIS DECISION IS FINAL ON NOVEMBER 28, 2016
AND BECOMES EFFECTIVE ON NOVEMBER 29, 2016
Questions:
If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCSQtigard-or.gov.
November 28,2016
APPROVED BY: Lina Smith
Assistant Planner
MMD2016-00033 Pac frust
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RECEIVED
City of Tigard NOV 21 2016
COMMUNITY DEVELOPMENT DEPARTMENT o CITY of TIGARD
L4NNr' ":%ENGINEERING
TIGARD Minor Modification Type I Application
PROPOSAL SUMMARY (Brief description)
A-D A r av- k I n REQUIRED SUBMITTAL
ELEMENTS
['Owner's Signature/Written
Authorization
El Title Transfer Instrument or Deed
51 Site Plan(2 large plans drawn to scale
and one reduced to 8.5"xl11/2")
Property address/location(s): I S 1-ej h .5t4 5 e q u o IG Pkwy El Applicant's Statement/Narrative
(2 copies)Address criteria in:
And 155 7
7 SW SeQUoiol pkt,v1 TDC 18.360.050.B.l-11
Tax map and tax lot #(s): K 2006491-(g - 2. S( I D D 01 6.05@' N'Filing Fee 3Ui)
R2.00 (o(p 40 — 2 si ( 2 DA'-ela-6 ':a'
Site size: fq ZOO 6646 —4, Vs Acres) R 2_006(09-o — 0.4)8Acres
FOR STAFF USE ONLV'
•
Applicant Leg e L o w § /pAc Ti O MVV De' U I b '0003 3
Case No.:
Address: 5V1 S'eQUO 'IGS PkiAlY1
n Related Case No.(s):
City/state: f huI'IQh d O p Zip: 1722, 9-
Application Fee: 3 V
Phone: 1503-14:) -81"dg roiciIimf, cum
`` Application accepted:
By: CCK-- Date: II "" - )1,,
PROPERTY OWNER/DEED HOLDER(S)* Same as Applicant
Name: ��
Application determined complete:
By: Date: oQ h Le
City/state: Zip: I:\CURPLN\Masters\Land Use Applications Rev.11/24/2014
Contact name:
Phone number:
•When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in
possession with written authorization from the owner or an agent of the owner.The owner(s) must sign this application
in the space provided on the back of this form or submit a written authorization with this application.
APPLICANT'S STATEMENT
The applicant's statement must include a summary of the proposed changes. Criteria in either 18.360.050(11) or
18.130.020(13)(2) must be addressed with a detailed response to each criterion. Failure to provide the information needed to
process the application would be reason to consider an application incomplete and delay review of the proposal.
In addition,the Director must find that the proposed change is in compliance with all applicable requirements of Title 18 of
the Tigard Development Code.To complete this review,the Applicant's proposal must include a discussion indicating how the
site expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards.
Other requirements of this title such as clear vision,solid waste storage,non-conforming situations, signs,and tree removal
may also be applicable depending on the type and location of the proposed modifications.
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2
•
APPLICANTS
To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTALELEMENTS as
described on the front of this application in the"Required Submittal Elements"box.
THE APPLICANT(S) SHALL CERTIFY THAT:
• The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property.
• If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the
conditions and limitations of the approval.
• All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and
the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such
statements are false.
• The applicant has read the entire contents of the application,including the policies and criteria,and understands the
requirements for approving or denying the application.
SIGNATURES of each owner of the subject property required.
Løiiiu Leslie Louis Nov. /I:Lot
Applicant's signature
Print name Date
l� L es l i o L O Vi' S 6\1 21 1 Z O I rb
Owner's signature Print name Date
Owner's signature Print name Date
ADDITIONAL OWNER/DEED HOLDER INFORMATION
Name: Name:
Address: Address:
City/state: Zip: City/state: Zip:
Signature: Signature:
MINOR MODIFICATION APPLICATION
City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2
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STATE OP OREGON
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RECORDING REQUESTED BY ctlonty�• * ' "1
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WHEN RECORDED MAIL TO
Doc : 96109040.1
Rect: 176720 98.00
The Northwestern Mutual Life Ins.Co. 12/09/1996 11:0 6:4 3 am
720 East Wisconsin Avenue-Rm N I6WC
Milwaukee,WI 53202
Attn: Darla M.Topolski
SPACE ABOVE THIS LINE FOR RECORDER'S U$E
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• DEED OF TRUST and SECURITY AGREEMENT
THIS DEED OF TRUST and SECURITY AGREEMENT,Made as of the 3rd day of
December, 1996 between PACIFIC REALTY ASSOCIATES,L.P.,a Delaware limited
partnership,do Richard P.Buono, I5350 SW Sequoia 1:rlcway,4300,Portland,Oregon
97224,herein called"Grantor",and FIRST AMERICAN TITLE INSURANCE COMPANY
OF OREGON, 1700 SW Fourth Avenue,Portland,Oregon 97201-5512,herein called
"Trustee",and THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY,a
Wisconsin corporation,720 E.Wisconsin Avenue,Milwaukee,WI 53202,herein called
"Beneficiary":
WITNESSETH,That Grantor,in consideration of the indebtedness herein mentioned,does
g hereby irrevocably bargain,sell,grant,transfer,assign and convey unto Trustee,in oust,with
power of sale and right of entry and possession,the following property(herein referred to as
the"Property"):
A. The iand in the Cities of Tigard and Hillsboro,County of
Washington,State of Oregon,described in Exhibit"A"attached
hereto and incorporated herein(the"Land")and all
appurtenances thereto;and
B. All buildings and improvements now existing or hereafter
erected thereon,all waters and water ri bts,all engines,boilers,
elevators and machinery,heating apparatus,electrical equipment,
air-conditioning equipment,water and gas fixtures,and all other
fixtures of every description belonging to Grantor which arc or
may be placed or used upon the Land or attached to the buildings
or improvements,all of which,to the extent permitted by
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applicable law,shall be deemed an accession to the freehold and
o+. a part of the realty as between the parties hereto;and
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C. Grantor's interest in all articles of personal property of every kind
and nature whatsoever,including,but not limited to,all
carpeting,draperies,and easily removable equipment(including
but not limited to furniture,televisions,restaurant equipment,
meeting room equipment),now or hereafter located upon the
Land or in or on the buildings and improvements and now
owned or leased or hereafter acquired or leased by Grantor.
Grantor agrees not to sell,transfer,assign or remove anything described in B and C above
now or hereafter located on the Land without prior written consent from Beneficiary unless(i)
such action does not constitute a sale or removal of any buildings or improvements or the sale
or transfer of waters or water rights and(ii)such action results in the substitution or —
replacement with similar items of equal value. •
Without limiting the foregoing grants,Grantor hereby pledges to Beneficiary,and grants to
Beneficiary a security interest in,all of Grantor's present and hereafter acquired right,tide and
interest in and to the Property,and any and all
D. Cash and other funds now or at any time hereafter deposited by
or for Grantor on account of tax,special assessment,replacement
or other reserves required to be maintained pursuant to the Loan
Documents(as hereinafter defined)with Beneficiary or a third —•
party,or otherwise deposited with,or in the possession of;
Beneficiary pursuant to the Loan Documents;
E. Surveys,soils reports,environmental reports,guaranties, _
warranties,architects contracts,construction contracts,drawings e i.
and specifications,applications,perrniis,surety bonds and other
contracts relating to the acquisition,design,development,
construction and operation of the Property;
F. Present a*.d future rights to condemnation awards,insurance
proceeds or other proceeds at any time payable to or received by
Grantor on account of the Property or any of the foregoing
personal property;and
G. Of the following property of Grantor,whether now owned or
hereafter acquired: all accounts,accounts receivable,contract •
rights,chattel paper,instruments evidencing any right to
payment for goods sold or leased or for services rendered on the —
that portion of the Property described as Parcel IV(the"Hotel
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Property"),including,without limitation,all products and
o:' proceeds thereof.
All personal property hereinabove described is hereinafter referred to as the"Personal
Property'
If any of the Property is of a nature that a security interest therein can be perfected under the
Uniform Commercial Code,this instrument shall constitute a security agreement and
financing statement if permitted by applicable law and Grantor agrees to join with Beneficiary
in the execution of any financing statements and to execute any other instruments that may be
required for the perfection or renewal of such security interest under the Uniform Commercial
Code.
TO HAVE AND TO HOLD the same unto Trustee for the purpose of securing:
(a) Payment to the order of Beneficiary of the indebtedness evidenced by a —
promissory note of even date herewith(and any restatement,extension or renewal thereof and
any amendment thereto)executed by Grantor for the principal sum of THIRTY-SIX
MILLION DOLLARS,with final maturity no later than January 1,2007 and with interest as
therein expressed(which promissory note,as such instrument may be amended,restated,
renewed and extended,is hereinafter referred to as the"Note"),it being recognized that the
funds may not have been fully advanced as of the date hereof but may be advanced in the
future in accordance with the terms of a written contract;and
(b) Payment of all sums that may become due Beneficiary under the provisions of;
and the performance of each agreement of Grantor contained in,the Loan Documents.
As used herein,"Loan Documents"means this instrument,the Note,that certain Absolute
Assignment of Leases and Rents of even date herewith between Grantor and Beneficiary(the
"Absolute Assignment"),that certain Certification of Borrower of even date herewith and any
other agreement entered into by Grantor and delivered to Beneficiary in connection with the
indebtedness evidenced by the Note,except for any separate environmental indemnity
agreement,as any of the foregoing may be amended from time to time.
TO PROTECT THE SECURITY OF THIS DEED OF TRUST,GRANTOR COVENANTS
AND AGREES:
Payment of Debt. Grantor agrees to pay the indebtedness hereby secured(the
"Indebtedness")promptly and in full compliance with the terms of the Loan Documents. –
Ownership. Grantor represents that it owns the Property and has good and lawful right to
convey the same and that the Property is free and clear from any and all encumbrances
whatsoever,except as appears in the title evidence accepted by Beneficiary. Grantor does
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hereby forever wan-ant and shall forever defend the title and possession thereof against the
lawful claims of any and all persons whomsoever.
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Maintenance of Property and Compliance with Laws. Grantor agrees to keep the buildings
i and other improvements now or hereafter erected on the Land in good condition and repair,
not to commit or suffer any waste;to comply with all laws,riles aril regulations affecting the
Property,and to permit Beneficiary to enter at all reasonable times for the purpose of
inspection and of conducting,in a reasonable and proper manner,such tests as Beneficiary
determines to be necessary in order to monitor Grantor's compliance with applicable laws and
regulations regarding hazardous materials affecting the Property.
Insurance. Grantor agrees to keep the Property insured for the protection of Beneficiary in
strah manner,in such amounts and in such companies as Beneficiary may from time to time —
reasonably approve,and to keep the policies therefor,properly endorsed,on deposit with
Beneficiary;that insurance loss proceeds(less expenses of collection)shall,at Beneficiary's
option,be applied on the Indebtedness,whether due or not,or to the restoration of the
Property,or be released to Grantor,but such application cr release shall not cure or waive any
default under any of the Loan Documents. If Beneficiary elects to apply the insurance loss
proceeds on the Indebtedness,no prepayment privilege fee shall be due thereon.
Condemnation. Grantor hereby assigns to Beneficiary(i)any award and any other proceeds
resulting from damage to,or the taking o all or any portion of the Property in connection
with condemnation proceedings or the exercise of any power of eminent domain and(ii)the
proceeds from any sale or t'Amfer in lieu thereof;and grants Beneficiary the right,at its
option,to apply such award and other proceeds(less expenses of collection)on the
Indebtedness(including any prepayment privilege fee),whether due or not,or to the
restoration of the Property or to release all or any portion thereof to Grantor,but such
application or release shall not cure or waive any default under any of the Loan Documents.
Ems
Taxes and Special Assessments. Grantor agrees to pay before delinquency all taxes and
special assessments of any kind that have been or may be levied or assessed against the
Property,this instrument,the Note or the Indebtedness,or upon the interest of Trustee or
Beneficiary in the Property,this instrument,the Note or the Indebtedness,and to procure and
deliver to Beneficiary the official receipt of the proper officer showing timely payment of all
such taxes and assessments;provided,however,that Grantor shall not be required to pay any
Such taxes or special asst-ssments if the amount,applicability or validity thereof shall
currently be contested in good faith by appropriate proceedings and funds sufficient to satisfy
the contested amount have been deposited in an escrow satisfactory to Beneficiary.
Personal Property. With respect to the Personal Property,Grantor hereby represents,
warrants and covenants as follows:
(a) Except for the security interest granted hereby,Grantor is,and as to portions of
the Personal Property to be acquired after the date hereof will be,the sole owner of the
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Personal Property,flee from any lien,security interest,encumbrance or adverse claim thereon
i of any kind whatsoever. Grantor shall notify Beneficiary of and shall indemnify and defend
Beneficiary and the Personal Property against,all claims and demands of all persons at any
time claiming the Personal Property or any part thereof or any interest therein.
_ (b) Except as otherwise provided above,Grantor shall not lease,sell,convey or in
any manner transfer the Personal Property without the prior consent of Beneficiary.
(c) Grantor maintains a place of business at the address set forth above in this
instrument,and Grantor shall immediately notify Beneficiary in writing of any change in its
place of business.
(d) At the request of Beneficiary,Grantor shall join Beneficiary in executing one
or more financing statements and continuations and amendments thereof pursuant to the
Uniform Commercial Code of the jurisdiction in which the Property is located in form
satisfactory to Beneficiary,and Grantor shall pay the cost of filing the same in all public
offices wherever filing is deemed by Beneficiary to be necessary or desirable. --
Other Liens. Grantor agrees to keep the Property free from all other mortgage liens and from
all liens prior to the lien created hereby. The creation of any other mortgage lien,whether or
not prior to the lien created hereby,the creation of any prior lien or the assignment or pledge
by Grantor of its revocable license to collect,use and enjoy rents and profits from the
Property shall constitute a default under the terms of this instrument The term"mortgage"
includes a mortgage,deed of trust,deed to secure debt or any other security interest in the
Property.
Leases. Grantor represents and warrants that there is no assignment or pledge of any leases
of or rentals or income from,the Property now in effect;and covenants that,until the
• Indebtedness is fully paid,it(i)shall not make any such assignment or pledge to anyone other _
than Beneficiary,(ii)shall not,unless expressly permitted under another provision in this
instrument,make any assignment or pledge to anyone of its hereinafter described revocable
license to collect,use and enjoy the rents and profits,and(iii)shall not,without the prior
written approval of Beneficiary,consent to a cancellation or surrender of any of said leases i
having at the time an unexpired term of more than two years or to a release or reduction of the
liability of any party to such a lease.
In consideration of the Indebtedness,Grantor,pursuant to the Absolute Assignment,has
assigned to Beneficiary all of Grantor's right,title and interest in said leases,including
Grantor's right to collect,use and enjoy the rents and profits therefrom. Beneficiary has,in
the Absolute Assignment,granted to Grantor a license to collect,use and enjoy said rents and
profits. Such license is revocable by Beneficiary pursuant to the terms of the Absolute
Assignment
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CQ313.Fv,and'EjtDenaes. Grantor agrees to pay all costs,fres and expenses of this trust;to
appear in and defend any action or proceeding purporting to affect the security hereof or the
'0` rights or powers of Beneficiary or Trustee hereunder,to pay all costs and expenses,including
the cost of obtaining evidence of title and reasonable attorney's fees,incurred in connection
with any such action or proceeding;and to pay any and all attorney's fees and expenses of
collection and enforcement in the event the Note is placed in the hands of an attorney for
collection,enforcement of any of the Loan Documents is undertaken or suit is brought
thereon.
WARNING
Unless you(Grantor)provide us(Beneficiary)with evidence of the insurance coverage as mos
required by our contract or loan agreement,we may purchase insurance at your expense to
protect our interest This insurance may,but need not,also protect your interest. If the
collateral becomes damaged,the coverage we purcha:,e may not pay any claim you make or .�.-
any claim made against you. You may later cancel this coverage by providing evidence that
you have obtained property coverage elsewhere.
You are responsible for the cost of any insurance purchased by us. The cost of this insurance
may be added to your contract or loan balance. If the cost is added to your contract or ioan
balance,the interest rate on the underlying contract or loan will apply to this added amount.
The effective date of coverage may be the date your prior coverage lapsed or the date you
failed to provide proof of coverage.
The coverage we purchase may be considerably more expensive than insurance you can
obtain on you own and may not satisfy any need for property damage coverage or any
mandatory insurance requirements imposed by applicable law.
Failure of Grantor to Act. If Grantor fails to make any payment or do any act as herein
provided,Beneficiary or Trustee may,without obligation so to do,without notice to or _
demand upon Grantor and without releasing Grantor from any obligation hereof:(i)make or
do the same in such manner and to such extent as Beneficiary may deem necessary to protect
the security hereof;Beneficiary or Trustee being authorized to enter upon the Property for
such purpose;(ii)appear in and defend any action or proceeding purporting to affect the
security hereof or the rights or powers of Beneficiary or Trustee;(iii)pay,purchanc,contest ENE111111
or compromise any encumbrance,charge or lien which in the judgment of Beneficiary
appears to be prior or superior hereto;and(iv)in exercising any such powers,pay necessary
expenses,employ counsel and pay its reasonable fees. Sums so expended shall be payable by
Grantor immediately upon demand with interest from date of expenditure at the Default Rate
(as defined in the Note). All sums So expended by Beneficiary and the interest thereon shall
be included in the Indebtedness and secured by the lien of this instrument.
Event of Default. Any default by Grantor in making any required payment of the
Indebtedness or any default in any provision,covenant,agreement or warranty contained in
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any of the Loan Documents shall,except as provided in the two immediately succeeding
paragraphs,constitute an"Event of Default".
o: Notice of Default. A default in any payment required in the Note or any other Loan
Document(a"Monetary Default")shall not constitute an Event of Default unless
Beneficiary shall have given a written notice of such Monetary Default to Grantor and
Grantor shall not have cured such Monetary Default by payment of all amounts in default
(including payment of interest at the Default Rate,as defined in the Note,from the date
of default to the date of cure on amounts owed to Beneficiary)within five(5)business
days after the dart on which Beneficiary shall have given such notice to Grantor.
Any other default under the Note or under any other Loan Document(a"Non-Monetary
Default")shall not constitute an Event of Default unless Beneficiary shall have given a
written notice of such Non-Monetary Default to Grantor and Grantor shall not have cured
such Non-Monetary Default within thirty(30)days aver the date on which Beneficiary
shall have given such notice of default to Grantor(or,if the Non-Monetary Default is not
curable within such 30-day period, Grantor shall not have diligently undertaken and
continued to pursue the curing of such Non-Monetary Default and deposited an amount
sufficient to cure such Non-Monetary Default in an escrow account satisfactory to
Beneficiary).
For purposes of this provision,written notice may be delivered personally or sent by
certified mail or reputable courier service with charges prepaid,by telecopier or by such
other method whereby the receipt thereof may be confirmed. Notice.shall be deemed
given on the date received. Any notice which is rejected,the acceptance of which is
refused or which is incapable of being delivered for any reason shall be deemed received
as of the date of attempted delivery.
In no event shall the notice and cure period provisions recited above constitute a grace
period for the purposes of commencing interest at the Default Rate(as defined in the
Note). •
Substitution of Trustee. Beneficiary and its successors and assigns may for any reason and
at any time appoint a new or substitute Trustee by written appointment delivered to such new
or substitute Trustee without notice to Grantor,without notice to,or the resignation or
withdrawal by,the existing Trustee and without recordation of such written appointment
unless notice or recordation is required by the laws of the jurisdiction in which the Property is
located. Upon delivery of such appointment,the new or substitute Trustee shall be vested
with the same title and with the same powers and duties granted to the original Trustee.
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Appointment of Receiver. Upon coaanmencement of any proceeding to enforce any right
under this instrument,including foreclosure thereof Beneficiary(without limitation or
restriction by any present or future law,without regard to the solvency or insolvency at that
time of any party liable for the payment of the Indebtedness,without regard to the then value
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of the Property.whether or not there exists a threat of imminent harm,waste or loss to the
Property and whether or not the same shall then be occupied by the owner of the equity of
redemption as a homestead)shall have the absolute right to the appointment of a receiver of
the Property and of the revenues,rents,profits and other income therefrom,and said receiver
shall have(in addition to such other powers as the court making such appointment may
confer)full power to collect all such income and,after paying all necessary expenses of such
receivership and of operation,maintenance and repair of said Property,to apply the balance to
the payment of any of the Indebtedness then due.
Foreclosure. Upon the occurrence of an Event of Default,the entire unpaid Indebtedness
shall,at the option of Beneficiary,become immediately due and payable for all purposes
without any notice or demand,except as required by law(ALL OTHER NOTICE OF THE
EXERCISE QF SUCH OPTION,0:i OF THE INTENT TO EXERCISE SUCH OPTION, _
BEING HEREBY EXPRESSLY WAIVED),and Beneficiary may,in addition to exercising
any rights it may have with respect to the Personal Property under the Uniform Commercial
Code of the jurisdiction in which the Property is located,institute proceedings in any court of
competent jurisdiction to foreclose this instrument as a mortgage,or to enforce any of the
covenants hereof;or Trustee or Beneficiary may,either personally or by agent or attorney in
fact,enter upon and take possession of the Property and manage,rent or lease the Property or
any portion thereof upon such terms as Beneficiary may deem expedient,and collect,receive
and receipt for all rentals and other income therefrom and apply the sums so received as
hereinafter provided in case of sale. Trustee is hereby further authorized and empowered, fm-
either after or without such entry,to sell and dispose of the Property en masse or in separate
parcels(as Trustee may think best),and all the right,title and interest of Grantor therein,by
advertisement or in any manner provided by the laws of the jurisdiction in which the Property
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is located,(GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING —'
maw
PRIOR TO SUCH SALE),and to issue,execute and deliver a deed of conveyance,all as then
may be provided by law;and Trustee shall,out of the proceeds or avails of such sale,after
first paying and retaining all fees,charges,costs of advertising the Property and of malting
said sale,and attorneys'fees as herein provided,pay to Beneficiary or the legal holder of the
Indebtedness the amount thereof;including all sums advanced or expended by Beneficiary or
the legal holder of the Indebtedness,with interest from date of advance or expenditure at the
Default Rate(as defined in the Note),rendering the excess,if any,as provided by law;such
sale or sales and said deed or deeds so made shall be a perpetual bar,both in law and equity,
against Grantor,the heirs,successors and assigns of Grantor,and all other persons claiming
the Property aforesaid,or any part tl -of,by,from,through or under Grantor. The legal
holder of the Indebtedness may purchase the Property or any part thereof and it shall not be
obligatory upon any purchaser at any such sale to see to the application of the purchase
money.
Due on Sale. The present ownership and management of the Property is a material
consideration to Beneficiary in making the loan secured by this instrument,and Grantor
shall not(i)convey title to all or any part of the Property,(ii)enter into any contract to _
convey(land contract/installment sales contract/contract for deed),title to all or any part
S
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of the Property which gives a purchaser possession of,or income from,the Property prior
to a transfer of title to all or any part of the Property("Contract to Convey")or(iii)cause
or permit a change in the proportionate ownership of Grantor or the conversion of
Grantor to a Limited liability company or any other limited liability entity. Except if
resulting from the death or legal incompetency of any individual, any conveyance,
entering into a Contract to Convey,change in the proportionate ownership of Grantor or --
the conversion of Grantor to a limited liability company or any other limited liability
entity shall constitute a defau_t under the terms of this instrument.
For purposes of this instrument,a"change in the proportionate ownership of Grantor"
means any conveyance,assignment or transfer resulting in the principals of Kohlberg,
Kravis,Roberts and Co.and the management of PacTrust Realty Inc.owning,directly or
indirectly,in the aggregate,less than a 51%interest in PacTrust Realty Inc.,the general
partner of Grantor,and shall include in the case of a corporation,a change in the
ownership of the voting stock of such corporation;in the case of a trust,a change in the
beneficial ownership of such trust;in the case of a joint venture,a change in the
ownership of the joint venture interests of such joint venture;in the case of a limited
liability company,a change in the members of the limited liability company;in the case
of a partnership,a change in the ownership or.he general partnership interests of such
partnership.
Financial Statements. Grantor agrees to furnish to Beneficiary,at Grantor's expense and
within 90 days after the close of each fiscal year("Financial Statements Due Date"),annual
unaudited financial statements on the Property,including the following(collectively referred
to herein as the"Statements"):
(a) a balance sleet and income statement for Grantor,and _.
(b) statement of operations for each building with a detailed line item breakdown
of all operating expenses,and a separate supplemental schedule listing the
capitalir d costs associated with tenant improvements,lease commissions and
capital improvements.
Grantor also agrees to provi._Beneficiary by the Financial Statements Due Date a current
rent roll listing annual rent,square feet,squ-se feet of office space,lease term and tenant _ r
reimbursements(the"Rent Roll")and a certification(the"Certification")by a senior officer of
Grantor stating that the Statements and Rent Roll are true and correct and that the Statements
have been prepared in accordance with generally accepted accounting principles. Grantor
acknowledges that Beneficiary requires the Statements,Rent Roll and Certification in order to
record accurately the value of the Property for financial and regulatory reporting.
If Grantor does not furnish,or cause to be furnished,the Statements,Rent Roll and
Certification to Beneficiary by the Financial Statements Due Date,within Z. days after
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Beneficiary shall have given written notice to Grantor that the Statements,Rent Roll and/or
Certification have not been received as required,
(x)interest on the unpaid principal balance of the Indebtedness shall as of the
Financial Statements Due Date,accrue and become payable at a rate equal to the sum
of the Interest Rate(as defined in the Note)plus one percent(I%)per annum(the
"Increased Rate");and
(y)Beneficiary may elect to obtain an independent appraisal and audit of the Property
at Grantor's expense,and Grantor agrees that it will,upon request,promptly make
Grantor's books and records regarding the Property available to Beneficiary and the
person(s)performing the appraisal and audit(which obligation Grantor agrees can be
specifically enforced by Beneficiary).
The amount of the payments due under the Note during the time in which the Increased Rate
shall be in effect shall be changea to an amount which is sufficient to amortize the then
unpaid principal balance at the Increased Rate during the then remaining portion of a period
of 25 years commencing with the Amortization Period Commencement Date(as defined in
the Note). Interest shall continue to accrue and be Cu, and payable monthly at the Increased
Rate until the Statements,Rent Roll and Certification shall be furnished to Benefi,:iary:s
required. Commencing on the date on which the Statements,Rent Roll and Certification are
received by Beneficiary,interest on the unpaid principal balance shall again accrue at the •
Interest Rate and the payments due during the remainder of the term of the Note shall be —
changed to an amount which is sufficient to amortize the then unpaid principal balance at the
Interest Rate during the then remaining portion of a period of 25 years commencing with the
Amortization Period Commencement Date. Notwithstanding the foregoing,Beneficiary shall
have the right to conduct an independent audit at its own expense at any time.
Franchise Agreement. .. - .. •'s+. • ; . ' . • •.•. . •..-
• • einent-dated- le ah-14-l996-be• €rant r
\- .n . . ... •
e"na . . .•: •. . _ : .. . ... •.••=r-agees-upon
xeeete-e-collateral-assi,grimentztrather isistc men rcasonaxty
•:... . . _ . .. . .. . • . .. .• .. Any termination or modification
of the Franchise Agreement shall constitute a default under this instrument,and the whole
Indebtedness may be declared immediately due and payable,at the option of Beneficiary.
Deposits by Grantor. To assure the timely payment of real estate taxes and special
assessments,Beneficiary shall have the option,in the event of any default,to require
Grantor to deposit funds with Beneficiary,in monthly or other periodic installments in
amounts estimated by Beneficiary from time to time sufficient to pay real estate taxes and
special assessments as they become due. if at any time the funds so held by Beneficiary,
or in such other account,shall be insufficient to pay any of said expenses,Grantor shall, •
•
upon receipt of notice thereof,immediately deposit such additional funds as may be
necessary to remove the deficiency. All funds so deposited shall be irrevocably
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appropriated to Beneficiary to be applied to the payment of such real estate taxes and
j special assessments and,at the option of Beneficiary after default,the Indebtedness.
A.
Liens Discharged by Proceeds. Beneficiary shall be subrogated to the lien of any and all
prior enctmabrances,liens or charges paid and from the proceeds of the Note,and
even though said prior liens have been releaseddiscof recordharged,the repayment of the Nott shall be
secured by such liens on the portion of the Property affected thereby to the extent of such
payments,respectively.
Modification of Terms. Without affecting the liability of Grantor or any other person
(except any person expressly released in writing)for payment of the Indebtedness or for
performance of any obligation contained herein and without affecting the rights of
Beneficiary with respect to any security not expressly released in writing,Beneficiary may,at
any time and from time to time,either before or after the maturity of the Note,without notice
or consent (i)release any person liable for payment of all or any part of the Indebtedness or
for performance of any obligation;(ii)make any agreement extending the time or otherwise
altering the terms of payment of all or any part of the Indebtedness,or modifying or waiving
any obligation,or subordinating,modifying or otherwise dealing with the lien or charge
hereof;(iii)exercise or refrain from exercising or waive any right Beneficiary may have;(iv)
accept additional security of any kind;(v)release or otherwise deal with any property,real or
personal,securing the Indebtedness,including all or any part of the Property.
Exercise of Options. Whenever,by the terms of this instrument,of the Note or any of the —.
other Loan Documents,Beneficiary is given any option,such option may be exercised when
the right accrues,or at any time thereafter,and no acceptance by Beneficiary of payment of
Indebtedness in default shall constitute a waiver of any default then existing and continuing or
thereafter occurring.
Nature and Succession of Agreements. Each of the provisions,covenants and agreements
contained herein shall inure to the benefit of and be binding on,the heirs,exccxutors,
administratrrs,successors,grantees,lessees and assigns of the parties hereto,respectively,
and the term"Beneficiary"shall include the owner and holder of the Note.
Legal Enforceability. No provision of this instrument,the Note or any other Loan —
Documents shall require the payment of interest or other obligation in excess of the maximum
permitted by law. If any such excess payment is provided for in any Loan Documents or shall
be adjudicated to be so provided,the provisions of this paragraph shall govern and Grantor
shall not be obligated to pay the amount of such interest or other obligation to the extent that it
is in excess of the amount permitted by law. -
Limitation of Liability. Notwithstanding any provision contained herein to the contrary,
the personal liability of Grantor shall be limited as provided in the Note.
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Captions. The captions contained herein arc for convenience and reference only and in no
way define,limit or describe the scope or intent o1 or in any way affect this instrument.
UNDER OREGON LAW,MOST AGREEMENTS,PROMISES AND
COMMITMENTS MADE BY BENEFICIARY AFTER OCTOBER 3,
1989 CONCERNING LOANS AND OTHER CREDIT EXTENSIONS
WHICH ARE NOT FOR PERSONAL,FAMILY OR HOUSEHOLD
PURPOSES OR SECURED SOLELY BY THE BORROWER'S
•
RESIDENCE MUST BE IN WRITING,EXPRESS CONSIDERATION
AND,BE SIGNED BY BENEFICIARY TO BE ENFORCEABLE..
IN WITNESS WHEREOF,this instrument has been executed by the Grantor as of the day --
and year first above written. —
PACIFIC REALTY ASSOCIATES,L.P.,
a Delaware limited partnership
By: PacT Realty,Inc.,a Delaware
.rporano• g :1 ragol
By:4
Richard P.Buono,Vice President
_I
of
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STATE OF
)ss.
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COUNTY OF
On this s day 0f D E m cam, 1996,personally appeared Richard P.Buono,who,
being sworn,did he is the Vice President of PacTwst Realty,Inc.,a Delaware
corporation,on behalf of the corporation as a partner of PACIFIC REALTY ASSOCIATES,
L.P.,a Delaware limited partnership,the corporation that executed the foregoing instrument,
and acknowledged said instrument to be the free and voluntary act and deed of said
corporation,and stated that he was authorized to execute said instrument by authority of its
Board of Directors.
Before me:
47-2/1,..EAL v tot;
My commis ion expires ('al.'d 000
..?. ome _SEAL
4.,'e"1 PATRICIA PARSONS
`�.fel NOTARY PUBLIC-OREGON
COMMLSSION NO.050214
-- • MY COMMISSION EAPIRES JAN.20,2000
This instrument was prepared by Catherine L.Shaw,Attorney,for The Northwestern Mutual
Life Insurance Company,720 East Wisconsin Avenue,Milwaukee,WI 53202.
NML 13 /3
ii. . :
' EXHIBIT'A'
PARCEL I:
tr-w�eb
t.) ' A tract of land In the Southwest one-quarter of the Northeast one-quarter of Section 12,Township 2 South,
Range 1 West,of the Willamette Meridian,In the City of Tigard,County of Washington and State of Oregon, -
said tract being more particularly described as follows:
Beginning at the Northwest corner of Lot 21.FANNO CREEK ACRE TRACTS,a duly recorded subdivision
in Plat Book 5.page 14,Washington County Plat Records;thence along the West line cf said Lot 21 and
thence Lot 22 of said FANNO CREEK ACRE TRACTS, South 2'13'09' East, 376.44 feet;thence North
87'46'51'East.258.24 feet to the Easterly line of that parcel described as'Parcel 3'In Document NO.90-
20301.Washington County Book of Records,said point being 35 feet Westerly of,when measured at right
angles to,the centerline of the Southern Pacific Railroad as described In a conveyance to the Beaverton and
Wiilsburg Railroad Company recorded In Book 77,page 264,Washington County Deed Records;thence
parallel with said centerline. North 17'30'52'West. 384.14 feet to the Northeast corner of that parcel
described as'Parcel 2'In said Document 90.20301; thence along North line of said 'Parcel 2'. South --.
89'56'1T West, 15.72 feet to the Northeast corner of said Lot 21; thence parallel with said Railroad
centerline.North 17.30'52'West. 125.66 feet to the Northeast corner of that parcel described as'Parcel r
In a conveyance to Pacific Realty Associates,LP.In Document No.8905,Washington County Book of
Records:thence tracing the North tine of said'Parcel I',South R9'53'IT West,138.14 feet to the Northwest
corner thereof; thence tracing the West line of said 'Parcel I', South 2.13'09'East. 119.84 feet to the
Southwest corner thereof;thence tracing the South tine of said'Parcel 1'.North 89'5617'East,30.02 feet
:o the point of beginning. •
DCCEPT THEREFROM that portion lying below a depth of 500 feet.measured vertically,from the contour
of the surface of said property.as reserved by Deed recorded February 13, 1978 as Fee No.78-6895.
Washington County Records. -.
TOGETHER WiTH an easement for vehicular Ingress and egress as described in Easement Agreement
recorded June 12.1991 as Fee No.91030299,Records of Washington County,Oregon.
ALSO TOGETHER WiTH a perpetual nonexclusive easement for vehicular Ingress and egress as described r
in Declaration of Easement,recorded July 31,1990 as Fee No.90-40587.Records of Washington County,
Oregon_
• PARCEL It;
:>
d 7� A tract of land in the Southwest one-quarter of the Northeast one-quarter and the Northwest one-quarter of
`t the Southeast one-quarter of Section 12.Township 2 South,Range 1 West,of the Willamette Meridian,in
the City of Tigard.County of Washington and State of Oregon,said trac being more particularly described
as follows:
Commencing at the Northwest corner of Lot 21, FANNO CREEK ACRES TRACTS, a duly recorded
subdivision In Plat Book 5.page 14,Washington County Plat Records;thence along the West line of said
Lot 21 and thence Lot 22 of said FANNO CREEK ACRE TRACTS,South 2.13'09'East, 376.44 feet to the •
true point of beginnk:g;thence North 87'46'5V East,258.24 feet to the Easterly line of that parcel described
as'Parcel 3'in Document No.90-20301.Washington County Book of Records.said point being 35 feet
Westerly of.when measured at right angles to,the centerline of the Southern Pacific Railroad as described
in a conveyance to the Beaverton and Walsburg Railroad Company recorded In Book 77. page 264.
Washington County Deed Records;thence parallel with said centerline.South 17.30'57 East,426.43 feet
to the Northerly extension of the East line of Lot 4 of SOUTHERN PACIFIC TiGARD INDUSTRIAL PARK,a
duly recorded subdivision in Plat Book 44,page 18,Washington County Plat Records; thence along slid
Northerly extension and thence the East line of said Lot 4, South 00'05'13' East, 293.30 loot to the
- Southeast corner of that parcel described In a conveyance to Pacific Realty Associates,LP.In Document
No.88.57874,Washington County Book of Records;thence tracing the South line of said parcel described
PAGE I of 4 F�' :t,;t ANIV1L
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AIn Document No.28-57874, South 88'41'57 We 359.86 feet to the Sotnhvrest comer thereof:thence •
tracing the West line of said parcel described in Document No.88-57874 and thence the West 11n6 of Lot
23 and 22 of said FANNO CREEK ACRE TRACTS,North 2.13'09'West,698.65 feet to the true point of •
beginning.
TOGETHER Wffhl an easement for vahlcular Ingress and egress as described In Easement Agreement
recorded June 12. 991 as Fee No.91030299,Records of Washington County,Oregon.
ALSO TOGETHER WTTH a perpetual nonexclusfve easement for vehicular ingress and egress as described
In Dodaratien of Easement,recorded July 31,1990 as Pee No.90-40587,Records of Washington County,
Oregon.
•
PARCEL III:
Lot 2.PACIFIC CORPORATE CENTER.In the City of Tigard,County of Washington and State of Oregon.
PARCEL iV:
A tract of land being a portion of Lot 5,PACIFIC CORPORATE CENTER,a duly recorded plat In Washington
County Plat Book 71,pages 38 through 41.located In the Southeast one-quarter of Section 12,Township
2 South,Range 1 West,of the Walamette Meridian.in the City of Tigard,County of Washington and State
of Oregon.said tract being described as follows:
Commencing ar the Northeast corner of said Lot 5;thence tracing the boundaries of said Lot 5 the following
courses and distances:South 17.51'4T West,49,32 feel;thence South 18'0510'West,126.30 feet to the
true point of beginning:thence South 18.05'10'West.187.60 feet;thence South 23'49'25'West.218.70 feet:
thence South 50'11'17 West,13.00 feet:thence North 88'08'59'West.263.49 feet;thence North 41'53'25'
East.28.00 feet to a point of non-tangent curvature;thence along the arc of a 881.50-foot radius curve to •
the left,through a central angle of 4'44'53`,an arc distance of 73.05 feet(the ch t!of whfch bears North
15'06'06'East.73.03 feet);thence North 12'20'S1'West,47.35 feet to a point of non,'angent curvature; ••• .em'
thence along the arc of a 86230-foot radius curve to the loft,through a central angle of 16'03'38',an arc
distance of 241.52 feet(the chord of which bears North 1'51'19'East,240.73 feet); thence leaving the
boundary of said Lot 5,North 90'00.00'East,384.53 feet to the true point of beginning.
S 1 (1 PARCEL V:
V",
A tract of land situated In the Northeast quarter of Section 13,Township 2 South.Range 1 West.of the
Willamette Meridian,fn the City of Tigard,County of Washington and State of Oregon.described as follows:
Commencing at the East one-quarter corner of Section 13. Township 2 South, Range 1 West. of the
Willamette Meridian; thence South 89'45'59'West along the center of section line of said Section 13,
• 1328.01 feet to a point on the centerline of S.W. 72nd Avenue;thence North 00.16'01'East along said •t�
centerline,277.00 feet to the true point e beginning;thence South 89'47'21'West.70.03 feet to a point on
the right-of-way o:`said S.W.72nd Avenue;thence continuing South 89'4721'West.621.19 feet.to the
Northwest corner of lot 16.of COUNCIL VIEW ACRES NO. 1,a duly filed plat In said county;thence North,
316.40 fee; along the lot line common to Lots 4 and 5 of saki COUNCIL VIEW ACRES NO. 1 and the
Southerly extension thereof to the Northeast corner of said Lot 4;thence South 89'50'20'West 192.49 feet
along the North lot line of Lots 3 and 4 of said COUNCIL VIEW ACRES NO. 1 to the Southeast corner of
Lot 44 of COUNCIL ViEW ACRES NO.2,a duly filed plat in said county thence North 00'20'10'West 325.76
feet along the East line of Lots 44,43 and 42 of said COUNCIL VIEW ACRES NO.2 to the most Southerly
Southwest corner of that property described in Exhibit'A'In Deed to Pacific Realty Associates. LP.,a
Delaware limited partnership,recorded March 2, 1992 as Fee No.92018144, Washington County Deed
Records;thence North 89'44'50'East,522.02 feet aleeej the South line of said Deed to a point which Is
33.00 feet from,when measured at right angles to,the centerline of S.W.Durham Road:thence continuing
North 89044'50'Fare 37.45 feet to the centerline of said S.W.Durham Road;thence Southeasterly along
PAGE2of
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said centerline on the arc of a 200.00 fOot radius curve to the left through a central angle of 31'52'50'(the
long chord of which bears South 48'51'25'East,109.85 feet)en arc distance of 111.28 feet;thence South
62'47'50'East 235.16 feet;thence Southeasterly on the arc of a 6.10.00 foot radius curve to the left through
a central angle Of 16'14'02' (the long chord of which bears South 70'54'51'East, 189.43 feet) an arc
distance of 170.00 feet:thence South 79'01'52'East,79.99 feet to the Intersection of said centerline with
the centerline of S.W.72nd Avenue;thence South 00'18'01'West along the centerline of Said S.W.72nd
Avenue,387.58 feet to the true poke of beginning.
PARCEL VI:
• Tract I:
A tract of land situated In the Caleb Wilkins and wife Donation Land Claim No.49,Township 1 North,Range
2 West,of the Willamette Meridian, In the County of Washington and State of Oregon. more particularly -
described as follows:
ts>•st:
Commendng at the Northwest corner of the Caleb Wilkins Donation Land Claim No. 49;thence South
77'40'20'East along the North line of Said Donation land Claim,a distance of 1159.48 feet;thence South
1.22'05'West parallel with the West line of said Wilkins Donation Land Claim,a distance of 20.37 feet to
a point on the South line of N.W.Evergreen.Road,County Road No.A-66(Should read A-99),and the point
• of beginning of the tract herein to be described;thence South 77'40'20'East along the South line of N.W.
Evergreen Road.a distance of 809.47 feet to the East line of that tract of land conveyed to Amos Rich,et
ux.by Deed recorded in Book 241,page 609,Deed Records;thence South 3'11'4T West along the East
line of said Rich Tract a distance of 772.08 feet to the North line of relocated N.W.Evergreen Road(110
foot):thence South 87'03'48'East along said North line a distance of 549.37 feet to a point on the West lino ---
of Cornelius Pass Road,County Road No.I'72;thence South 2'56'12'West along said West line 55.00 feet
to the centerline of relocated N.W. Evert m Road; thence North 87'03'48'West along said centerline
560.35 feet to a point of curvature;thenc-along said centerline on the arc of a 1909.86 foot radius curve
to the right,through a central angle of 9'23'28",an arc distance of 313.04 feet. (the chord bears North
82'22'04'West 312.69 feet)to a point of tangency:thence North 77'40'20'West a distance of 455.07 feet;
thence North 1'22'05'East a distance o'.859.63 feet to the point of beginning.
EXCEPT that portion thereof described in Deed recorded October 17, 1985 as Fee No.85041333.
ALSO EXCEPT that portion thereof described in Deed recorded June 11,1936 as Fee No.86024765.
ALSO EXCEPT that portion thereof described In Ceed to City of Hillsboro recorded September 9,1995 as
Fee No.95067094.
•
Tract II:
A tract of land situated In the Caleb Wilkins and wife Donation Land Claim No.49,Township 1 North.Range
2 West,of the Wdtamotte Meridian, in the County of Washington and State of Oregon, more particularly timet
described as follows:
Beginning at a point on the West line of the Caleb Wilkins Donation Land Claim that Is South t'22'03 West
a distance of 20.37 feet from the Northwest corner thereof.said point being on the South line of N.W.
Evergreen Road,County Road No.A.66(Should read A.99);thence South 77'40'20'East along the South
line of N.W.Evergreen Road a distance of 1159.4.8 feet;thence South 1'22'05'West.parallel with the West
line of said Wilkins Donation Land Claim a distance of 1359.63 feet to a point on the centerline of relocated
N.W.Evergreen Road (110 feet);thence North 77'40'20'West along said centerline a distance of 121.53
feet to a point of curvature:thence along said centerline on the arc of a 1909.85 foot radius curve to the
right,through a central angle of 35.23'53',an arc distance of 1179.98 feet.(the chord bears North 59'58'21'
West 1161.30 feet)to a point on the West line of the Caleb Wilkins Donation Land Claim;thence North
1'22'05'East along said West line a distance of 500.00 feet to the point of beginning.
N ■ PAGE 3 of q Eti:l:lrit "3_2 /ea
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EXCEPT that ponlon thereof lying Westerly of N.W.Evergreen Parkway.
ALSO EXCEPT that portion thereof described In Deed to Standard Insurance Company recorded July 17,
1985 as Fee No.850261373.
• ALSO IXCEPT that portion thereof descr bbd In Deed to the Coy of Hillsboro recorded May 2.1995 as Fee
No.95030373 and re-recorded September 20. 1995 as Fee No.95067D94.
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NML PAGEJ-ot 4 E<'.ibit "__-" /
CITY OF TIGARD RECEIVED
Approved by Planning
Date: i j cB/)fe NOV 21 2016
Initials: L... CITY OF TIGARD
PLANNING/ENGINEERING
J —
17 — 18 _
4
4, 414
lar 1.1.11.11 IIIIII ( IIIIIII
/ MARRIOTT
k. comm - ret. /'
5,137/1,000 S.
CV U
000 • S
office- mcd 5.137 x
3.0– 16 • — EQ
.., or
3,014/1,000
3.014x3.9= 12 ' �'
:9:751.
�rcd0' "u__15 in, I
_
comm.- =
pers. Svcs. °fficep0015
II 8,337/1,000 63381,7.17 ' •••i
8.337x2.5=21‘,.... . 6338X2' 1111111i , �� •
04
2 .., , 9''% I, •
2, , .,
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office 0,I„�i 1
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12,913/1,000 ' •
12.913x2.7=35 r
comm.- I ,
• 400a • �� pers.Svcs.
`1
22,087/1,000
22.087x2.5=56 '���
LOT LINE AREA
0 ®
3 i
b s 0111111°I4 . 0
: SSS
002
0 — A
III b .
10 '
1,228 SF
J I
I–L L LANDSCAPE AREA LANDSCAPINGREMOVED — 1
S.W. 72ND AVE.
PARKING CALCULATION:
PARKING PLAN z— TOTAL REQUIRED .1/SPACES
NOT TO SCALE Qe z
TOTAL PROVIDED /SPACES
LANDSCAPE CALCULATION:
TOTAL LOT AREA 220,030 SF RESTRICTED USE:
TOTAL LANDSCAPE AREA 48,760 SF COMMERCIAL / PERSONAL
LANDSCAPE PERCENTAGE 22.16% SERVICES & RETAIL 81,400 SF
i
EATING & DRINKING
ADAPARKING ESTABLISHMENTS 9,326 SF
PACIFIC CORPORATE CENTER TOTAL RESTRICTED USE 90,726 SF
BLDG. #2 (PTR #225) TOTAL PARK 623,779 SF
15495 S.W. SEQUOIA PKWY.
& PERCENTAGE RESTRICTED USE 14.54%
BLDG. #3 (PTR #226)
15575 S.W. SEQUOIA PKWY. PERCENTAGE R.U. ALLOWED 20%
PORTLAND, OR 97224 rev. 11/21/16
PARK COMPLIES
A PACTRUST PROPERTY
Np'd 2 1 2016
APPLICANT'S STATEMENT/NARRATIVE �►TY Of'TIGgRU
RECE:!VED
►NG
F: DING/�NGINEER
The proposed work involves adding ADA parking to pcc225 and pcc226. See attached parking
calculations. As a result of this work,we are NOT doing any of the following:
1. An increase in dwelling unit density, or lot coverage for residential development;
2. A change in the ratio or number of different types of dwelling units;
3. A change in the type of commercial or industrial structures as defined by the Uniform Building
Code;
4. An increase in the height of the building(s) by more than 20%;
5. A change in the type and location of access ways and parking areas where off-site traffic
would be affected;
6. An increase in vehicular traffic to and from the site and the increase can be expected to
exceed 100 vehicles per day;
7. An increase in the floor area proposed for a nonresidential use by more than 10%excluding
expansions under 5,000 square feet; Site Development Review 18.360-5 AP Update: 2/14
8. A reduction in the area reserved for common open space and/or usable open space which
reduces the open space area below the minimum required by this code or reduces the open
space area by more than 10%;
9. A reduction of project amenities below the minimum established by this code or by more
than 10%where specified in the site plan:
a. Recreational facilities; b. Screening; and/or c. Landscaping provisions.
10. A modification to the conditions imposed at the time of site development review approval
which are not the subject of paragraphs 1 through 10 of this subsection.
Therefore, the proposed work in our building is classified as 'minor modification' work. In
addition, please reference the provided plans indicating parking counts.