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MMD2018-00024 MMD2O18 - 00024 PACTRUST NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00024 PACT RU ST .T,I G A R D 120 DAYS = September 28, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: PacTrust CASE NO.: Minor Modification (MMD) MMD2018-00024 PROPOSAL: The applicant proposes to install a new awning on the western façade of an existing building at 7007 SW Cardinal Lane,Suite 135.No changes to the building footprint, on-site parking,or on-site landscaping are proposed. APPLICANT: Pike Awning Company Atm: Dan Spearing 7300 SW Landmark Lane Portland, OR 97224 OWNER: Pacific Realty Associates,L.P. Atm:Leslie Louis 15350 SW Sequoia Parkway,Suite 300 Portland, OR 97224 LOCATION: 7007 SW Cardinal Lane, Suite 135;WCTM 2S112AD,Tax Lot 1000 ZONING DESIGNATION: I-P: Industrial Park Zone. The I-P zone 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 ensure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapter 18.780.050.0 SECTION H. 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. MMD2018-00024 PacTrust 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The project is located at 7007 SW Cardinal Lane;on the north side of SW Cardinal Lane, east of SW 72nd Avenue, and west of SW Sequoia Parkway. The subject property is 3.71 acres in size, and contains two (2) office buildings,with associated parking and landscaping.The property is part of the Pacific Corporate Center, and is located in the Industrial Park (I-P) Zone. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.780 Site Development Review: 18.780.050 Minor Modifications C. Approval criteria. The approval authority shall approve or approve with conditions an application for a minor modification when all of the following are met: 1. The proposed development is in compliance with all applicable requirements of this title; and The applicant proposes to install a new awning on the western facade of an existing building at 7007 SW Cardinal Lane, Suite 135. The applicant is not proposing any changes to the existing building footprint or height; accordingly, development standards for the I-P Zone such as minimum setbacks, maximum building height, and maximum site coverage do not apply to this modification. Minimum landscape requirements for the I-P Zone do not apply to this modification, as the applicant is not proposing to modify on-site landscaping. Additionally, minimum off-street parking requirements remain unchanged, as the applicant is not proposing to modify the on-site parking lot. Upon review of the applicant's plans and narrative, staff finds that all other requirements of this title are satisfied. This criterion is met. 2. The modification is not a major modification. The applicant is not proposing any of the changes outlined in CDC 18.780.040.B. Therefore, this proposal is not a major modification. This criterion is met. CONCLUSION: The proposal is a minor modification to an existing development and is in compliance with the applicable requirements of this title. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was provided to: X The applicant and owner Final Decision: A minor modification is a Type I procedure.As such, this decision is final for purposes of appeal on the MMD2018-00024 PacTrust 2 date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not appealable locally, and is the final decision of the City. THIS DECISION IS FINAL ON JUNE 4, 2018 AND BECOMES EFFECTIVE ON JUNE 5, 2018. Questions: If you have any questions, please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. 1111W. `�-- � June 4, 2018 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee MMll2018-00024 Pac"1'rust 3 V M� � n � � • . • REOEIVED City of Tigard MAY 31 2018 _;., CONIN91 Ni'h1- I)I,VI;.I.OPM[N I DI�:PAR'l'M[N'I' rip CITY OF PGARD `':,rifr-' '- ' Minor Modification Tvpc I �� - licati PROPOSAL SUMMARY (Brief description) > 7QUIRED SUBMITTAL /--1()12' A/A.)ns i's :, _f -(`t_A n.r.-i r..! ts>-ftp�►: -,fop," I. - ELEMENTS 316..'-. --i-- ^' -- # i c *I<l .D1' I G�-� - - 1.�-�-------- (�<<.i,c>>ti,t,n;trurc/11 rira�,t ��f1t if:'0' `,,f,P�?�tt.-'7-iC}f.d t (Li: { (_t_.}10 r" B0, 4Qt,, move-145 rlc'f'ran� ct Instrument or Deed _'' Site Plan(2 large plans drawn to scale _0 0 As CI _ _-- ,t, one reduced to 8.5"xl l'/2") .0k-- ' Applicant's,licant's Stateincnt/Narrau\C L I Property address/location(s): 7Ufa i y'._,03 (;11--(71•& _Lk-IF 3J (2 copies)Address criteria in: TIBC. 18.7 86 hri0.li Tax map and tax lot #(s): WC--77'-'\ ,�' :r_?A 0 4 I ili:tg;Fee —T7-X Lb-i- /O ') FOR STAFFUSE ONLY Site size: J, LI ACI-�� S IA Wig_OooZ ___ Applicant': >G k� 1-ltLtti//�‘r tin. �1�.A..f �ir:tr,'nt r Itcl:lti i C.:lt<';3:,,.. ..I lo?? Address: 77300 >e) i am like :1`l#JC/41A1!c .. Application!on ec__`�'.l�J P00 City/state: Po r /-1 -A-id e•. Zip: q 7 Z.2_4/ application accepted: Phone:5 -(0.2.4/-SC,or Email: dr p;Ker-i-wiLl fd_11 . (."0,-, fit: Sc. ___S' __S—3'.(y Cl Dare: Application di:tr.rntmed complete' PROPERTY OWNER/DEED HOLDER(S)` L7 Same as:\pplicant /� Name: }('-�'r"Y�+r r !'�� (-1_, !� .� i.., lit': �� 1).ti+:: �/ )/J ) + �..-� /""7 c 4 -✓-_•t-}t`•1 "{r_ �_, i !ymin,iml ,...,nPn.antV.,,,,,,Apoca[i,,�lG ,,tna!w Address: 1,,,_)--3'-:77,1') Yu) F-//++,� Y 1' �Jt' �))e4 ( OC) Fn.nptatr:ji�nrlilsenpr.btat,,,c ,to, :71f;:a%7 City/state: Po r 4--1 ti9ld, U U . Zip: `_)x'`727 14 • When the owner and the applicant arc different people,the applicant muse he the Contact name: i.—F.1.1 i ce`.cti purchaser of record or a lessee inpocscsskin Phone number: a63, (4,2L4—/ rL 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 hack of this form or submit a written authorization with this application. APPLICANT'S STATEMENT , The applicant's stat:emcnt must include a summary of the proposed changes. Criteria in either 18.78i1.04+.+(13)or 18.74t1312u(T3) (2)must he addressed with a detailed response to each criterion. Failure to provide the information needed to process the application would he 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 tecluiremenis 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,palling,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. i.. _..... ...:,.�_. .-..-;.r—. RS%1l0les�.^x'."-t'A'�V`5�'G'.• Zn:G..ia"' mR _. .a:T.v"..+.a•cse-.,.s. ne.-.er...c.r--4 ...y. m. amK .+v. -+R"essn t City of Tigard • 13125 S1 'Hall Blvd. • Tigard,Oregon 97223 • wwst:tigard-or. o\• • 503-718-2421 - Page I of 2 APPLICANTS '1'n consider an ,application complete,you\rill need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS us described on the front of this application in the"Recjiiircd Submittal Elements"box THE APPLICANT(S) SHALL CERTIFY THAT: • The above-request does nor violate am,deed restrictions t1►at nu: 1b;;ttael,o,.k imp(.sed upon the- prgpviry. • 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,arc true;and the applicants so acknowledge that any permit issued,based on this application,may he 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. , ►C _ 72(1 /11. Applicant's sig,nature „� Print name / Date Owner's signature Print tame Date Owner's signature Print name I)atc ADDITIONAL OWNER/DEED HOLDER INFORMATION N.tnt�: Name: Address: Address: City/state: Zip: Cite/state: Zip: Signature: Signature: MINOR MODIFICATION APPLICATION City of Tigard • 13125 SW Ha11 Blvd. • Tigard,Oregon 97223 • wwwtigard-or.got' • 503-718-2421 • Page 2 of 2 Property Detail Report 14945 SW Sequoia Pkwy, Portland, OR 97224-1153 APN:R2006632 Washington County Data as of:03/14/2018 Owner Information Owner Name: Pacific Realty Associates Vesting: Corporation Mailing Address: 15350 SW Sequoia Pkwy#300,Portland,OR 97224-7175 Location Information Legal Description: Pacific Corporate Center,Lot 1,Acres 3.71 County: Washington,OR APN: R2006632 Alternate APN: 2S112AD01000 Census Tract/Block: 030806/1004 Munic/Twnshp: Tigard Twnshp-Rng-Sec: 2S-1W-12 Legal Lot/Block: 1/ Subdivision: Freeway Tract#: Legal Book/Page: Neighborhood: Metzger School District: Tigard-Tualatin School District 23J Elementary School: Durham Elementary... Middle School: Twality Middle Sch... High School: Tualatin High Scho... Last Transfer/Conveyance-Current Owner Transfer/Rec Date: Price: Transfer Doc#: Buyer Name: Seller Name: Deed Type: Last Market Sale Sale/Rec Date: Sale Price I Type: Deed Type: Multi/Split Sale: Price/Sq.Ft.: New Construction: 1st Mtg Amt/Type: 1st Mtg Rate I Type: 1st Mtg Doc#: N/A 2nd Mtg Amt/Type: 2nd Mtg Rate/Type: Sale Doc#: N/A Seller Name: Lender: Title Company: Prior Sale Information Sale/Rec Date: Sale Price/Type: Prior Deed Type: 1st Mtg Amt/Type: 1st Mtg Rate/Type: Prior Sale Doc#: N/A Prior Lender: Property Characteristics Gross Living Area: Total Rooms: Year Built/Eff: Living Area: Bedrooms: Stories: Total Adj.Area: Baths(F/H): Parking Type: Above Grade: Pool: Garage#: Basement Area: Fireplace: Garage Area: Style: Cooling: Porch Type: Foundation: Heating: Patio Type: Quality: Exterior Wall: Wood Roof Type: Condition: Construction Type: Roof Material: Site Information Land Use: Office Building Lot Area: 161,608 Sq.Ft. Zoning: I-P State Use: 2310 Lot Width/Depth: #of Buildings: 1 County Use: 03-Office-Flex Usable Lot: Res/Comm Units: /27 Site Influence: Acres: 3.71 Water/Sewer Type: Flood Zone Code: X Flood Map#: 41067C0575E Flood Map Date: 11/04/2016 Community Name: City Of Tigard Flood Panel#: 0575E Inside SFHA: False Tax Information Assessed Year: 2016 Assessed Value: $5,337,980 Market Total Value: $6,492,010 Tax Year: 2016 Land Value: Market Land Value: $2,408,540 Tax Area: 23.74 Improvement Value: Market Impry Value: $4,083,470 Property Tax: $88,028.44 Improved%: Market Impry%: 62.90% Exemption: Delinquent Year: fvstAmerican Tlc ! ©2017 DATA TRACE INFORMATION SERVICES LLC AND/OR ITS AFFILIATES.ALL RIGHTS RESERVED. PAGE 1 OF 1 kATIUNAL COMMf RCIAI Sf RVICES Disclaimer.This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion,opinion of title,title insurance,commitment or preliminary report,or any form of title insurance or guaranty.Estimated property values are: (i)based on available data;(ii)are not guaranteed or warranted;(iii)do not constitute an appraisal;and(iv)should not be relied upon in lieu of an appraisal.This report is issued exclusively for the benefit of the applicant therefor,and may not be used or relied upon by any other person.This report may not be reproduced in any manner without the issuing party's prior written consent.The issuing party does not represent or warrant that the information herein is complete or free from error,and the information herein is provided without any warranties of any kind,as-is,and with all faults.As a material part of the consideration given in exchange for the issuance of this report,recipient agrees that the issuing party's sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report.Recipient accepts this report with this limitation and agrees that the issuing party would not have issued this report but for the limitation of liability described above.The issuing party makes no representation or warranty as to the legality or propriety of recipient's use of the information herein. 2S 1 12AD 2S 1 12AD M A C 182 2.44, aoo �: »112.42 3.29 AC y�: 1100 � , . "--".,T"' __'-1 .39 AC aer17N �I w � 1000 I (1) g' 1... n' 4 .57 AC �1 '( �.) 9146W 3444 y r ..• a • _1111-_. j 3M201 2wew 0t2." 2764. .. 2,42W ry1 '1 11].61 • °�"NCp1▪3° SW BONITA (CR 420) 1NEW feww 1.19 ,524 ROAD 2,.4,66] (CR 636) ROAD 124IW 'ax110• 66 •••.22 ▪°ay ^' q• a'1 as. $ °3' $ iseW is64 r944 f1194 16. 161W 184,2,,c 014X1 s .20 AC • 0034 6n.00 # L� 2544 1011 9]2 M11]AC•Q W 100' •101-M1`" y%, 16].66 EA3►,MEnT R 2614 Zs). g 2S9Wiii ' . 501 14 AC L 2 50147 �o. I. -11b‘ 14111. W501-M1 • • ,o.,227 - 1• 70 0 • •]6.]9 ,7 S - 3824 199 AC • 22.27• Q '!' I 2 IA. �i y 2 WASHINGTON COUNTY OREGON 209 000 # i. SE1/4 NE1/4 SECTION 12 T2S R1 W W.M. 6]e 14AC 200-MI 1200 :IF SCALE 1" 1�' 400-41 S 99 Ac / ,loo �` 9 v . 401 7 S 100-741 40° 401-4 301 r . a 222AC 36 31 32 33 34 35 36 31 rii £ 1 6 5 4 3 2 1 6 $ 300 p500 � eonc � � � Z i 2.57 AC 600-M1 12 7 8 9 10 11 12 7 aP 36.00 < 0).) 13 78 17 16 15 14 13 18 N 1 24 79 , 20 27 • 22 23 24 19 a2' �.,� 72S0 . tu... -.„ea, 14X1 a.. f°b... $ .. 291194C , C)MOO +l 28967E 5211.64 N891572 1fe 25 30• 29 28 27 26 26 30 4.16 Ac c liJ 36 31 32 33 34 35 36 31 Q ir I- t17 1 . 6 . .6 4 3 2 1 6 1 6007Cr \ FOR ADDITIONAL MAPS VISIT OUR WEHSlTEAT e00 M-t Q^ 23_74. t'j LLI www.co.washIngIon.or.us 93 m- 0 EAar 1300 z 1Ea. • 7x6 f0 1200 501 cTRACI-A' le BB a4 AB AA .07 AC - 23-81 i:- B A e 0- 60.61 2e4 2e4' 10 at BC BD AC AD ° N a : SECTION 12 49 200 • ^ -, 700 Q 't i 3 CB CA DB DA y w 1.94 AC Cl 900 w en »18280 E.R 700-M1 . Y:. E.` ICS 11.2771 11.16 AC ii = _ ; C D 9 61 AC Rc 2e 26' 1200-S1CD DD d c� A CC Dc 1 <� i_ 46611.2 61 3 m 1 Canceled Iodate For: 2S112AD 2ee 18162 o 2 C-) 601,600.000•M1,601,601-M1,1001,1001-M1.100,100-M1, MAC c $ o 100-A1 '..2 0 eft 60/4 i Arnim z 'moo -1111.. �I �1 I Q =r, 3.71 AC of m 47 z 1200 SO1 48 x l SCALE 1," 7911696 k Sq U) J c •C „ -Io 60 103 20,0 '' /1187 41\ _n.. Mcn°,L '6j c e; , 120 _ - L� (14. 11MM� CARTOGRAPHY 3. `) an6a Ati .6.0 °sup.... IM7e ','h� r2 1 a \_ 6 '6:Z r a441eu s� r� pi Ac SW 8433360 CARDINAL : LANE 11.50. PLOT DATE:May 31,2013 444011 s' 42]76 " '• Ai ea u 1e 4, FORASSESSMENT PURPOSES 4 ya _- 4. q°, k a, ONLY DO NOT RELY ON 3 4f: ... .1. pi*. �� FOR OTHER USE Tg 49 p il W b w, r Map areas delineated by either grey shading or a 0081.0308165 • i ` 26112A6 5 pattern are for reference only and may not indrcate the 40111 2a I1NC 2 0 Current property boundaries.409,8[Ansutt the appropriate 0139 r 130 - SOUTH LINE JAMES H.HICK LIN DLC 43 1 � _ 1.39 AC �� for fh9 most current IMCY4ati0n. g 1 (` 900 901 6E COR1rR ffi• `J MICKL,\ P 0-C 4'11 9're 261 Smty • a 2' 1 `- 7. ]tela - .. . -i :�' t_' ii[[ TIGARD dig2s1w12 2S 1 12AD 2S 1 12AD rn L ° G� • f_ • • . = . .(f 89- 03125 - "a WashIngton County AFTER RECORDING, RETURN TO: UNTIL FURTHER NOTICE, ALL FUTURE t TAXQSTATEMENTS SHALL BE SENT TO: �i4r i �r. 4 5 Y CC%4--r-p-''' ,_� I i4-C'l �C I C�-¢c_T 515e_1q4 ] L r , �t .s C4-) V e. �',°Sn . , / //-$.W. u n AC a-l.rfl -(�! - ,. 9zay C. o.e. 97a DTATVTORY SPECIAL WARRANTY DEED i The Koll Company, a California corporation, Grantor, conveys and specially warrants to Pacific Realty Associates, L.P., a Delaware limited partnership, Grantee, the real property described on Exhibit "A" attached hereto free of encumbrances created or • suffered by Grantor, except as set forth on Exhibit "B" attached • hereto. .••� THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED q IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND r'6 REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED 1 " , USES. ' The true and actual consideration for this conveyance is , ur $3,175,000.00. •_ . DATED this 2'?��day of January, 1989 /N THE KOLL COMPANY hU11 /6/-, By: rA Its: SonNA nU n L ' • • DIVISION 1-VESIDENT STATE OF OREGON ) _. ss. County of Washington) J The .foregoing instrume` was ac.novel•d•ed before me.this Y!�f days of nuary, 1989 , by L / I , 4ffiJ U t' of The Kol Company, on beh'a dr:.:RA)the corporation. /' - 'r; WASHINGTON COUNTY t 0. U. /1 / . . ...� ~' • . ".1 `i REAL A40P r TRANSFER TAX Pub`I for Oren:, 1•y !; Lill •l ido ,y 23_key My Commission Expires.1_4?pilALL_-.-. . . ... ..\;4--}1 � , PAID DATE ! • -i,•`; 1 - STATUTORY SPECIAL WARRANTY DEED vi -) ,:r • • }111; J-it: 1, • �� •••••• �.;aha,t4' ��. . .- ��,x , � .. '.t ,y! +^+rs:..► � P: gaff 4.?,' twu-e-,eF�t, ;is .. ti. - rl }. .. _._ _- _.�...�—.� .r Nom_.•.•._.1,.1f...../YR1Hlf•,..�.!.l,.,.t.t.... • • 1 ' c7 l 4 klttyL!'n,1;aicr•.,-:,, t t"'1 p . • A parcel of ).and located in the plat of BONITA GARDENS, and a portion • of the Southeast one-quarter of the Northeast one-quarter and of the Northeast one-quarter of the Southeast one-quarter of Section • 12, Township 2 South, Range 1 West, of the Willamette Meridian, in • the City cf Tigard, County of Washington and State of Oregon, and . more particularly described as follows: BEGINNING at the Northwest corner of Lot 5, of BONITA GARDENS, according to the map thereof recorded November 7, 1911, in Plat Book 5, at Page 11, records of said County; thence Easterly along the Northerly line of said Lot 5, across a vacated alley, and continuing along the Northerly line of Lot 2 of said Bonita Gardens 720.90 feet • to a point in the Westerly right-of-way line of the R. H. Baldock Freeway (also known as the West Portland-Hubbard Highway); thence • Southerly along the Westerly right-of-way line of the said R. H. Baldock Freeway 1,012.00 feet to a point 132 feet Southerly of the • 1 Southerly line of Lot 1, of said BONITA GARDENS; thence Westerly along a line 132 feet Southerly of and parallel with the Southerly 1 line of Lots 1, 6 and 7, of said BONITA GARDENS 1,208.30 feet to • the Easterly right-of-way line of S.W. 72nd Avenue, also known as County Highway No. 126 (40 feet wide); thence Northerly along the Easterly right-of-way line cf said S.W. 72nd Avenue (40 feet wide) . 577.50 feet to a point on a line, said line being the Northerly line of the land described in an Indenture dated March 30, 1964 frac • Title and Trust Company to Southern Pacific Company, recorded March 31, 1964 in Book 509 at Page 408 of Deeds, Records of said County; thence Easterly along last said Northerly line 487.40 feet to a point • in the Westerly line of Lot 5, of said BONITA GARDENS; thence Northerly along the Westerly line of Lot 5, of BONITA GARDENS 434.50 feet to the point of beginning. - EXCEPTING THEREFROM the various parcels of land taken for roadway • purposes in favor of The State of Oregon Highway Commission for the widening of the Baldock Freeway (also known as Interstate No. 5) and in favor of the City of Tigard for street, road and utility purposes of S.W. 72nd Avenue. 01:;-.,. EXHIBIT "A" . #': ,.7.,-,:.-4' _ _ •••,--,1;!,...,r-•.;•: -,r t•t ..4'•e r: ;i f.':n•i .4, .Nffe'f:••._r..,.' _ r .. - •'.,,, fit `'; • ! - IAt..}}F r � Nry .. ' Jt ,• tib ..,77,4.1,;4,/,,,,.... 3IS �.�S{ i i14rr 1 i • ,,,,-11:••1� 7' t �'1 tiil ±J .� a.a fr..'' }1 t t("'Hk , ,.,.,...?..ii....,...:,_ ,,;4,..,0.4.13,A....70:9.,:te ,e,,-:,.....L....... .��t.�ts;•l 1L ,• � � ` p(1, , , '� 1 , y ` � f t .,i„,..,. ` • ,..,J g,-,r--.1-:..-.,,4-ttt_ �t :t-.. ., : .;: pX,,,,,t; .t.if .9, .w • r.:,.„.„.•.•ti •,. ,. ••::'.15:,1- .�{ ,, . K. ., � � • . .- p,..n tl,, , + ,. r ....,:.•••,:,::.,..,,,,.,:.•. :-....2...24.,:-. ..-,-;:. . • i riven i . �. . 7I.:wsr rfl_,3 �, r } "a _ -. • 1. An easement created by instrument, including the terms and provisions thereof, Dat-2d September 7, 1966 • Recorded : September 9, 1966 Book:� 614 Page: 416 In Favor Of Southern Pacific Company For Maintenance of an existing retaining wall Over : Location is not disclosed of record • 2. Reservation of all minerals and mineral ores below a depth of 1,000 feet, including the terms and provisions thereof as disclosed by instrument, • • • Dated September 7, 1966 Recorded September 9, 1966 Book: 624 -Page: 416 • •• 3. Limited access in deed to State of Oregon, by and through its Department of Transpertation, Highway Department which provides that no right or easement of right of access to, from or across the State Highway other than expressly therein provided for shall attach to the abutting property, Recorded : January 8, 2973 Book: 904 Page: 493 4. An easement created by instrument, including the terms and provisions thereof, Dated Recorded May 8, 1984 Recorder's Fee No. 84017378 And corrected by deed, Recorded January 3, 1985 reocrder's Fee No. 85000187 • In Favor Of The City of Tigard • For : Utility lines . Over : Along the Westerly property line : . , 5. Regulations, including the power to acquire rights of ways ' and easements and to levy assessments of the Unified Sewerage Agency. STATE OF OREGON t SS County of Washington s I,Oana!d W Mason.Director of Assessment ': and Taxat+on and Es Officio f lecotdc+of Con- vcyances for said county.do lloreby Ccrlily thal 1-''',‘": t the within instrumont of writing was received " and rucordcd in bona of records of said county ;' +�! Donald W. Mii:on, Dirci for of .:i•rNJ. i;;, Assassrnont ant Tuxehon. EK - ;`. .i: Ottrcio County Clerk ,� i,l: Yt.1 ;.i a F` EXHIBIT "B" Doc 89003125 •:_M„ 3 Rect: 2845 3196.00 -,-u? _' 01/23/1989 12:42:18PM � -i r ::a 7 rr iffi •,r •••'••••'•••",+ a -,,,,• 41-,61.ur ..T,•"iM'i,.,.;,-,z. :,.-, .. L'fr �. i:Yb �!��it k,,,L ,. -. J.iu/ -,..A...., y.r! :ii,; vy t' , .. . * • ly.,t .rarvvii, tI 'jn `t;�! •/,�, . tiA F - 5i•i ,, �`f 6".< ;,i..,;44,;-.':. MSL , a �_7 �.'T -"aC, '; • - - _ t • ,,+i f t 'r•�• •'rr • • e. t Rt1 k .. ` a 7 `• .•'';'••• . r: • •x"r;�.t Ti : t 5,� "10��:,1sCIr. .Y ',,, „, t\ '1�11#Sa r.i+L n..,,/ ....:1‘,:....,fi • .-�r` -i 1 _ s a,{.iy ..tl�e0�'i•�1�tC� : !q r7 iai;.S„7..._.. "_.:,1"1,„„1,..W.;., -+:--4.- .RL�.7.,,,, +v , hex irn'a11.4 '.' . 1 .�C:,, �. r.tt 7 , .' i 1 ,, r tri '.*:"..;41...3.!%.:V: *:".A+,,, '�V 1.: �r3:4 .��'...:w.p ,1 F H i 1 '''^,i Y;i�,r *, �'r'�1 Vi-fr*. r y 1_,- l•r�•...i. r , » t~k4,.t.+' 4 w:i. >ay,-4 020 -.: 9 s+t_ !.0,7r.`�II:.Sfxs.1 f a.:51ik1...C. I.F. _.r:'. .�'.�� "d• ',:;.-.1:' .:.f..--•,':;..i w ... .a-t .e< 1�' 1',n._'.-..m:i ,.......�� ! w4fµy�v i,t,Ir.�`lrrr-'�:' '.yr.T'}.1S'+ Tr,,.7 t'�., 0, lit+ ...,.....,-,,---.1..,:7-...: • ... t T...;;.-.,,,,-,11�v,.11 I o .y'.. . ., - V t`S t.97. if o,r Fh.v. { Kir hi f:i.-...*-.....! 1 ` ., • ': k I+tr -+ •'y,v'`..I-0, 'C —I--srl...40 �� ,.t.,' r.• • + S E •,. 4 `•• •i,-.4+ x ri _ _:�. i s _ i••?":Y. ' 1. .. _ - :.r�►.,__.s.:+-. •wdwv�i �wairu.+�' _. 7.r _ ,r„-- rnc-�----'^-c-scs.,r-r---- ---- -ga-ss�— v+' • '. lh��ST ..w.er.-a.- .__......wAo....r,r ..i:xtK*►:L._-..,......�:�-. Washington County,Oregon 2006-084213 07/17/2006 09:55:11 AM DCVI Cnts2 Stn■21 RECORD91 $160.00$5.00$6.00$11.00•Total=$182.00 Counterpart 3 of 3 111111111111 111111111111111111111111 Washington County,Oregon 00981638200800842130320321 I,Richard Hobe mleht,Director of Assessment and d , Loan No. C-337516 Taxation and Ex-Officio County Clerk for Washington 4 . 65655.3County,Oregon,do hereby certify that the within 6,-y:1, Instrument of writing was received and recorded In the, n RECORDING REQUESTED BY book of records of ealdeMil Nom- Richard W.Hobemicht,Director of Assessment and Taxation,ExORINo County Clerk E WHEN RECORDED MAIL TO ti The Northwestern Mutual Life Ins. Co. 720 East Wisconsin Avenue-Rm N16WC 9 Milwaukee, WI 53202 Attn: Kathleen A. Evanson SPACE ABOVE THIS LINE FOR RECORDERS USE DEED OF TRUST and SECURITY AGREEMENT THIS DEED OF TRUST and SECURITY AGREEMENT is made as of the 12th day of July,2006 between PACIFIC REALTY ASSOCIA 1'ES,L.P.,a Delaware limited partnership,whose mailing address is 15350 S.W. Sequoia Parkway, Suite 300,Portland, OR 97224,Attn: Mr. John C.Hart,herein(said Grantor/Trustor,whether one or more in number)called "Grantor",and CHICAGO TITLE INSURANCE COMPANY,whose ►� mailing address is Pioneer Tower, 888 SW Fifth Avenue, Suite 930, Portland, Oregon 97204,herein called "Trustee",and THE NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, a Wisconsin corporation, whose mailing address is 720 E."Beneficiary": Avenue,Milwaukee, WI 53202,herein called Beneficiary : WITNESSETH,That Grantor, in consideration of the indebtedness herein mentioned, does hereby irrevocably bargain,sell, grant,transfer, assign and convey unto Trustee, in trust,with power of sale and right of entry and possession,the following property(herein referred to as the "Property"): A. The land located in seven business parks, located in the City of Portland,Multnomah County;the Cities of Hillsboro and Tigard, Washington County;and Clackamas County, State of Oregon, described in Exhibit"A"attached hereto and incorporated herein(collectively,the "Land"); B. All easements,appurtenances, tenements and hereditaments belonging to or benefiting the Land, including but not limited to all waters,water rights,water courses,all ways,trees,rights, liberties and privileges;and �NMLJ 1 C. All improvements to the Land, including, but not limited to, all buildings, structures and improvements now existing or hereafter erected on the Land; all fixtures and equipment of every description belonging to Grantor which are or may be placed or used upon the Land or attached to the buildings, structures or improvements, including, but not limited to, all engines, boilers, elevators and machinery, all heating apparatus, electrical equipment, air-conditioning and ventilating equipment, water and gas fixtures, and all furniture and easily removable equipment; all of which,to the extent permitted by applicable law, shall be deemed an accession to the freehold and a part of the realty as between the parties hereto. Grantor agrees not to sell,transfer, assign or remove anything described in B and C above now or hereafter Iocated on the Land without prior written consent from Beneficiary unless (i)such action does not constitute a sale or removal of any buildings or structures 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,title 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; and E. surveys, soils reports,environmental reports, guaranties, warranties, architect's contracts, construction contracts, drawings and specifications, applications,permits,surety bonds and other contracts relating to the acquisition,design, development,construction and operation of the Property;and F. present and 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. NML 2 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 financing statement and fixture filing if permitted by applicable law and Grantor authorizes Beneficiary to file a financing statement describing such Property and, at Beneficiary's request, agrees to join with Beneficiary in the execution of any financing statements and to execute any other instruments that may be necessary or desirable, in Beneficiary's determination, 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 EIGHTY MILLION DOLLARS($80,000,000.00),with final maturity no later than August 1,2018 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 "PacTrust 16 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 hereinafter defined). As used herein, "Loan Documents" means the PacTrust 16 Note,this instrument, that certain Loan Application dated April 19,2006, from Grantor to Beneficiary and that certain acceptance letter issued by Beneficiary dated June 19,2006,that certain Absolute Assignment of Leases and Rents dated of even date herewith,that certain Certification of Borrower of even date herewith,that certain Limited Partnership Supplement dated contemporaneously herewith, and any other agreement entered into by Grantor and delivered to Beneficiary in connection with the indebtedness evidenced by the PacTrust 16 Note, except for that certain Environmental Indemnity Agreement of even date herewith given by Grantor to Beneficiary with respect to the Property(the "Environmental Indemnity Agreement"), as any of the foregoing may be amended from time to time. 1NMLI 3 TO PROTECT THE SECURITY OF THIS DEED OF TRUST,GRANTOR COVENANTS AND AGREES: Payment of Debt. Grantor agrees to pay the indebtedness owed by Grantor under the Loan Documents(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 hereby forever warrant and shall forever defend the title and possession thereof against the lawful claims of any and all persons whomsoever. Maintenance of Property and Compliance with Laws. Grantor agrees to keep the buildings 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,rules and 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. Tenants Using Chlorinated Solvents. Grantor agrees not to lease any of the Property, without the prior written consent of Beneficiary,to(i)dry cleaning operations that perform dry cleaning on site with chlorinated solvents or(ii)any other tenants that use chlorinated solvents in the operation of their businesses. Business Restriction Representation and Warranty. Grantor represents and warrants that Grantor, all persons and entities owning(directly or indirectly)an ownership interest in Grantor, all guarantors of all or any portion of the Indebtedness,and all persons and entities executing any separate indemnity agreement in favor of Beneficiary in connection with the Indebtedness: (i)are not, and shall not become, a person or entity with whom Beneficiary is restricted from doing business with under regulations of the Office of Foreign Assets Control ("OFAC")of the Department of the Treasury (including, but not limited to, those named on OFAC's Specially Designated Nationals and Blocked Persons list)or under any statute,executive order(including, but not limited to, the September 24, 2001 Executive Order Blocking Property and Prohibiting Transactions With Persons Who Commit, Threaten to Commit, or Support Terrorism), or other governmental action; (ii)are not, and shall not become, a person or entity with whom Beneficiary is restricted from doing business with under the International Money Laundering Abatement and Financial Anti-Terrorism Act of 2001 or the regulations or orders thereunder; and (iii)are not knowingly engaged in, and shall not knowingly engage in, any dealings or transaction or be otherwise associated with such persons or entities described in(i)and (ii)above. INMLJ 4 Insurance. Grantor agrees to keep the Property insured for the protection of Beneficiary and Beneficiary's wholly owned subsidiaries and agents in such manner, in such amounts and in such companies as Beneficiary may from time to time approve, and to keep the policies therefor,properly endorsed, on deposit with Beneficiary, or at Beneficiary's option,to keep certificates of insurance(Acord 28 or 27 for all property insurance and Acord 25 for all liability insurance) evidencing all insurance coverages required hereunder on deposit with Beneficiary, which certificates shall provide at least thirty(30) days notice of cancellation to Beneficiary and shall list Beneficiary as the certificate holder;that insurance loss proceeds from all property insurance policies, whether or not required by Beneficiary(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 or 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. Notwithstanding the foregoing provision, Beneficiary agrees that if the insurance loss proceeds are less than the unpaid principal balance of the PacTrust 16 Note and if the casualty occurs prior to the last three years of the term of the PacTrust 16 Note, then the insurance loss proceeds (less expenses of collection) shall be applied to restoration of the Property to its condition prior to the casualty, subject to satisfaction of the following conditions: (a) There is no existing Event of Default at the time of casualty. (b) The casualty insurer has not denied liability for payment of insurance loss proceeds as a result of any act, neglect, use or occupancy of the Property by Grantor or any tenant of the Property. (c) Beneficiary shall be satisfied that all insurance loss proceeds so held, together with supplemental funds to be made available by Grantor, shall be sufficient to complete the restoration of the Property. Any remaining insurance loss proceeds may, at the option of Beneficiary, be applied on the Indebtedness,whether or not due, or be released to Grantor. (d) If required by Beneficiary, Beneficiary shall be furnished a satisfactory report addressed to Beneficiary from an environmental engineer or other qualified professional satisfactory to Beneficiary to the effect that no adverse environmental impact to the Property resulted from the casualty. (e) Beneficiary shall release casualty insurance proceeds as restoration of the Property progresses provided that Beneficiary is furnished satisfactory evidence of the costs of restoration and if, at the time of such release,there shall exist no Monetary Default(as hereinafter defined)under the Loan NML 5 Documents and no Non-Monetary Default with respect to which Beneficiary shall have given Grantor notice pursuant to the Notice of Default provision herein. If a Monetary Default shall occur or Beneficiary shall give Grantor notice of a Non-Monetary Default, Beneficiary shall have no further obligation to release insurance loss proceeds hereunder unless such default is cured within the cure period set forth in the Notice of Default provision contained herein. If the estimated cost of restoration exceeds $250,000.00, (i)the drawings and specifications for the restoration shall be approved by Beneficiary in writing prior to commencement of the restoration, and(ii)Beneficiary shall receive an administration fee equal to 1%of the cost of restoration. (f) Prior to each release of funds, Grantor shall obtain for the benefit of Beneficiary an endorsement to Beneficiary's title insurance policy insuring Beneficiary's lien as a first and valid lien on the Property subject only to liens and encumbrances theretofore approved by Beneficiary. (g) Grantor shall pay all costs and expenses incurred by Beneficiary, including, but not limited to, outside legal fees,title insurance costs,third-party disbursement fees,third-party engineering reports and inspections deemed necessary by Beneficiary. (h) All reciprocal easement and operating agreements benefiting the Property, if any, shall remain in full force and effect between the parties thereto on and after restoration of the Property. (i) Beneficiary shall be satisfied that Projected Debt Service Coverage of at least 1.10 will be produced from the leasing of not more than 886,300 square feet of space to former tenants or approved new tenants with leases satisfactory to Beneficiary for terms of at least five(5)years to commence not later than thirty (30)days following completion of such restoration ("Approved Leases"). (j) All leases in effect at the time of the casualty with tenants who have entered into a non-disturbance and attornment agreement or similar agreement with Beneficiary shall remain in full force and Beneficiary shall be satisfied that restoration can be completed within a time frame such that each tenant thereunder shall be obligated, or each such tenant shall have elected,to continue the lease term at full rental (subject only to abatement, if any, during any period in which the Property or a portion thereof shall not be used and occupied by such tenant as a result of the casualty). !NMLI 6 (k) Without limiting the Earthquake provisions contained herein, if the casualty has resulted in whole or part from an earthquake: (a)Grantor shall have supplied Beneficiary with a "Seismic Risk Estimate" (in accordance with the Earthquake provisions herein)which show that the Property will meet "Minimum Seismic Criteria" (as defined in the Earthquake provisions herein)upon completion of repair and retrofit work which can be completed within one year of the earthquake, (b)prior to commencement of the restoration, Grantor shall have committed in writing to Beneficiary that Grantor will do such repair and retrofit work as shall be necessary to cause the Property to in fact meet Minimum Seismic Criteria following completion of restoration, and(c)Beneficiary must at all times during the restoration be reasonably satisfied that the Property will meet Minimum Seismic Criteria following completion of the restoration, Grantor hereby agreeing to supply Beneficiary with such evidence thereof as Beneficiary shall request from time to time. "Projected Debt Service Coverage" means a number calculated by dividing Projected Operating Income Available for Debt Service for the first fiscal year following restoration of the Property by the debt service during the same fiscal year under all indebtedness secured by any portion of the Property. For purposes of the preceding sentence, "debt service" means the greater of(x) debt service due under all such indebtedness during the first fiscal year following completion of the restoration of the Property or(y)debt service that would be due and payable during such fiscal year if all such indebtedness were amortized over 25 years(whether or not amortization is actually required) and if interest on such indebtedness were due as it accrues at the face rate shown on the notes therefor(whether or not interest payments based on such face rates are required). "Projected Operating Income Available for Debt Service" means projected gross annual rent from the Approved Leases for the first full fiscal year following completion of the restoration of the Property less: (A) The operating expenses of the Property for the last fiscal year preceding the casualty and (B) the following: (i) a replacement reserve for future tenant improvements, leasing commissions and structural items based on not less than$1.21 per square foot per annum; (ii) the amount, if any, by which actual gross income during such fiscal period exceeds that which would be earned from the rental of 92.5%of the gross leasable area in the Property; INML 7 (iii) the amount, if any, by which the actual management fee is less than 3%of gross revenue during such fiscal period; (iv) the amount, if any, by which the actual real estate taxes are less than$0.99 per square foot per annum; and (v) the amount, if any, by which total actual operating expenses, excluding management fees, real estate taxes and replacement reserves, are less than $0.99 per square foot per annum. All projections referenced above shall be calculated in a manner satisfactory to Beneficiary. WARNING. UNLESS YOU PROVIDE US WITH EVIDENCE OF THE INSURANCE COVERAGE AS 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 PURCHASE 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 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 LOAN 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 YOUR OWN AND NOT SATISFY ANY NEED FOR PROPERTY DAMAGE COVERAGE OR ANY MANDATORY LIABILITY INSURANCE REQUIREMENTS IMPOSED BY APPLICABLE LAW. Condemnation. Grantor hereby assigns to Beneficiary(i)any award and any other proceeds resulting from damage to, or the taking of,all or any portion of the Property,and (ii)the proceeds from any sale or transfer in lieu thereof(collectively, "Condemnation Proceeds")in connection with condemnation proceedings or the exercise of any power of INML 8 eminent domain or the threat thereof(hereinafter,a"Taking"); if the Condemnation Proceeds are less than the unpaid principal balance of the PacTrust 16 Note and such damage or Taking occurs prior to the last three years of the term of the PacTrust 16 Note, such Condemnation Proceeds(less expenses of collection)shall be applied to restoration of the Property to its condition, or the functional equivalent of its condition prior to the Taking, subject to the conditions set forth above in the section entitled "Insurance" and subject to the further condition that restoration or replacement of the improvements on the Land to their functional and economic utility prior to the Taking be possible. Any portion of such award and proceeds not applied to restoration shall, at Beneficiary's option,be applied on the Indebtedness, whether due or not, or be released to Grantor, but such application or release shall not cure or waive any default under any of the Loan Documents. Taxes and Special Assessments. Grantor agrees to pay when due all taxes and special assessments of any kind that have been or may be levied or assessed against the Property, this instrument,the PacTrust 16 Note or the Indebtedness, or upon the interest of Trustee or Beneficiary in the Property,this instrument, the PacTrust 16 Note or the Indebtedness,and to procure and deliver to Beneficiary within 30 days after Beneficiary shall have given a written request to Grantor, 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 assessments 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 Personal Property, free from any lien, security interest,encumbrance or adverse claim thereon 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 is a limited partnership organized under the laws of the State of Delaware. Until the Indebtedness is paid in full, Grantor(i)shall not change its legal name without providing Beneficiary with thirty (30)days prior written notice; (ii)shall not change its state of organization; and(iii) shall preserve its existence and shall not, in one transaction or a series of transactions, merge into or consolidate with any other entity. NMLJ 9 (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 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. Grantor shall also,at Grantor's expense, take any and all other action requested by Beneficiary to perfect Beneficiary's security interest under the Uniform Commercial Code with respect to the Personal Property. Other Liens. Grantor agrees to keep the Property and any Personal Property free from all other liens either prior or subsequent to the lien created by this instrument other than any lien for taxes or assessments not yet due or payable. The(i)creation of any other lien on any portion of the Property or on any Personal Property,whether or not prior to the lien created hereby,(ii)assignment or pledge by Grantor of its revocable license to collect, use and enjoy rents and profits from the Property, or(iii)granting or permitting of a security interest in or other encumbrance on the direct or indirect ownership interests in Grantor, shall constitute a default under the terms of this instrument; except that upon written notice to Beneficiary, Grantor may,after the Loan Closing Date(as defined in the Commitment), proceed to contest in good faith and by appropriate proceedings any mechanics liens,tax liens or judgment liens with respect to the Property or any Personal Property described herein,provided funds sufficient to satisfy the contested amount have been deposited in an escrow account satisfactory to Beneficiary other than any lien for taxes or assessments not yet due or payable. Costs,Fees and Expenses. Grantor agrees to pay all costs,fees and expenses of this trust; to appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee hereunder;and to pay all costs and expenses, including the cost of obtaining evidence of title and reasonable attorney's fees whether incurred at the trial or appellate level, in an arbitration proceeding, in Bankruptcy (including,without limitation, any adversary proceeding,contested matter or motion)or otherwise, incurred in connection with any such action or proceeding. In the event of any controversy, claim, dispute or litigation between the parties hereto to enforce any provision of this instrument or any other Loan Document,or any right of Beneficiary hereunder or thereunder,the prevailing party therein shall recover any and all costs and expenses, including reasonable attorney's fees incurred therein,whether in preparation for or during any trial,as a result of an appeal from a judgment entered therein, in an arbitration proceeding, in bankruptcy(including, without limitation, any adversary proceeding, contested matter or motion)or otherwise. 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 to do so,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 NML 10 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, purchase, contest 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 and all losses, liabilities,claims, damages,costs and expenses required to be reimbursed by Grantor to Beneficiary hereunder shall be payable by Grantor immediately upon demand with interest from date of expenditure or demand, as the case may be,at the Default Rate(as defined in the PacTrust 16 Note). All sums so expended or demanded 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,warranty or certification contained in any of the Loan Documents shall,except as provided in the two immediately succeeding paragraphs,constitute an "Event of Default". Notice of Default. A default in any payment required in the PacTrust 16 Note or any other Loan Document, whether or not payable to Beneficiary,(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 PacTrust 16 Note, from the date of default to the date of cure on amounts owed to Beneficiary)within five(5) business days after the date on which Beneficiary shall have given such notice to Grantor. Any other default under the PacTrust 16 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 after 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). 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 PacTrust 16 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 1NML 11 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. Appointment of Receiver. Upon commencement 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 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 OF SUCH OPTION,OR OF THE IN FENT 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 in accordance with applicable law,or to enforce any of the covenants hereof,or Trustee or Beneficiary may,to the extent permitted by applicable law, either personally or by agent or attorney in fact, enter upon and take possession of the Property and may complete construction of the buildings and improvements 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, following an Event of Default 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 applicable law,(GRANTOR HEREBY EXPRESSLY WAIVES ANY RIGHT TO A HEARING PRIOR TO SUCH SALE), and to issue,execute and deliver a deed of conveyance, all as then may be provided by applicable law;and Trustee,to the extent permitted by applicable law, 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 making said sale, and attorneys' fees as herein provided,pay to Beneficiary or the legal holder of the Indebtedness the amount thereof,including all sums NML 12 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 PacTrust 16 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 thereof,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. Prohibition on Transfer. 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 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 (as hereinafter defined)of Grantor. Any such conveyance, entering into a Contract to Convey or Change in the Proportionate Ownership of Grantor shall constitute a default under the terms of this instrument. For purposes of this instrument, a "Change in the Proportionate Ownership" means in the case of a corporation, a change in, or the existence of a lien on,the direct or indirect ownership of the voting stock of such corporation; in the case of a trust, a change in, or the existence of a lien on,the direct or indirect ownership of the beneficial interests of such trust; in the case of a limited liability company, a change in the ownership of,or the existence of a lien on, the direct or indirect ownership of the limited liability company interests of such limited liability company;in the case of a partnership,a change in, or the existence of a lien on,the direct or indirect ownership of the general partnership interests of such partnership. Notwithstanding the foregoing, a change in the direct or indirect ownership of Grantor shall not constitute a Change in the Proportionate Ownership so long as all of the following are true immediately after such change: PacTrust Realty, Inc. is the general partner in Grantor and the principals of Kohlberg, Kravis, Roberts and Co. and the management of PacTrust Realty, Inc. own, directly or indirectly, no less than a 51% lien free interest in PacTrust Realty, Inc. Beneficiary agrees to consider any request from Grantor for the release of a parcel of the Property and the substitution therefor of other property owned by Grantor; provided, however, that Beneficiary shall be under no obligation to consent to any such release and substitution and may deny any such request in its sole and absolute discretion. NML 13 Financial Statements. Grantor agrees to furnish to Beneficiary: (A) the following financial statements for the Property within 90 days after the close of each fiscal year of the Grantor(the "Property Financial Statements Due Date"): (i) an unaudited statement of operations for such fiscal year with a detailed line item break-down of all sources of income and expenses, including capital expenses broken down between, leasing commissions, tenant improvements, capital maintenance, common area renovation, and expansion; and (ii) a current rent roll identifying location, leased area, lease begin and end dates, current contract rent,rent increases and increase dates,percentage rent, expense reimbursements, and any other recovery items; and (iii) an operating budget for the current fiscal year;and (B) the following financial statements for the Grantor within 90 days after the close of each fiscal year of Grantor(the"Grantor Financial Statements Due Date") (i) an unaudited balance sheet as of the last day of such fiscal year; and (ii) an unaudited statement of cash flows for such fiscal year. Furthermore, Grantor shall furnish to Beneficiary within 20 days after receipt of a written request from Beneficiary such reasonable financial and management information in the possession of, or accessible to, Grantor which Beneficiary determines to be useful in Beneficiary's monitoring of the value and condition of the Property or Grantor. The Property Financial Statements Due Date and the Grantor Financial Statements Due Date are each sometimes hereinafter referred to as a "Financial Statements Due Date". If audited,the financial statements identified in sections(A)(i), (A)(ii),(B)(i)and (B)(ii),above, shall each be prepared in accordance with generally accepted accounting principles by a certified public accountant satisfactory to Beneficiary. All unaudited statements for the Property and for the Grantor shall contain a certification by the managing general partner of Grantor stating that they have been prepared in accordance with generally accepted accounting principles and that they are true and correct. The expense of preparing all of the financial statements required in(A)and(B) above, shall be borne by Grantor. Beneficiary shall have the right to conduct an independent audit at its own expense at any time. NML1 14 Grantor acknowledges that Beneficiary requires the financial statements and information required herein to record accurately the value of the Property for financial and regulatory reporting. In addition to all other remedies available to Beneficiary hereunder,at law and in equity, if any financial statement, additional information or proof of payment of property taxes and assessments is not furnished to Beneficiary as required in this section entitled "Financial Statements"and in the section entitled "Taxes and Special Assessments", within 30 days after Beneficiary shall have given written notice to Grantor that it has not been received as required, (x)interest on the unpaid principal balance of the Indebtedness shall as of the applicable Financial Statements Due Date or the date such additional information or proof of payment of property taxes and assessments was due,accrue and become payable at a rate equal to the sum of the Interest Rate(as defined in the PacTrust 16 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 PacTrust 16 Note during the time in which the Increased Rate shall be in effect shall be changed 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 PacTrust 16 Note). Interest shall continue to accrue and be due and payable monthly at the Increased Rate until the financial statements, additional information and proof of payment of property taxes and assessments(as requested by Beneficiary)shall be furnished to Beneficiary as required. Commencing on the date on which the financial statements,additional information and proof of payment of property taxes and assessments 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 PacTrust 16 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. Property Management. The management company for the Property shall be satisfactory to Beneficiary. Any change in the management company without the prior written consent of Beneficiary shall constitute a default under this instrument. {NMLJ 15 Earthquake. If the Property is damaged by an earthquake during the term of the Indebtedness: (A) Beneficiary may require a new seismic analysis to be performed at Grantor's expense, and (B) Grantor shall perform repair and retrofit work, satisfactory to Beneficiary, which results in(i) the complete repair of the Property and(ii)a subsequent seismic analysis verifying that the Property meets Minimum Seismic Criteria(as defined below). Such work shall be commenced and completed as soon as possible and in any event within one year of the earthquake. Without limiting the Grantor's obligation to cause the Property to satisfy Minimum Seismic Criteria, during any period of time in which the Property does not satisfy Minimum Seismic Criteria, Grantor shall provide Beneficiary with evidence of, and maintain, Earthquake Insurance(as defined below). Earthquake Insurance shall be provided on a replacement cost, agreed amount basis, with no co-insurance provision, and shall include loss of rents insurance equal to 12 months rent or business income insurance for 100% of the annual gross earnings from business derived from the Property. As used herein, "Earthquake Insurance" means a policy satisfactory to Beneficiary with a deductible of no greater than 5%of the Replacement Cost(as defined below)and in an amount calculated as follows: (i)the Loan Amountp/us(ii)the Specified Loss minus(iii) 90%of the market value of the Property as determined by Beneficiary in its sole discretion. As used herein, "Loan Amount" shall mean the total principal amount advanced under the PacTrust 16 Note. As used herein, "Minimum Seismic Criteria" means that both(i)the Specified Loss Percentage for the Property is less than or equal to 25%, and(ii)the Loan Amount plus Specified Loss is less than or equal to 90%of the market value of the Property as determined by Beneficiary in its sole discretion. As used herein, "Replacement Cost" means the estimated total cost, determined by Beneficiary in its sole discretion, to construct all of the improvements as if the Property were completely unimproved(not including the cost of site work, utilities and foundation). As used herein, "Specified Loss" means the Specified Loss Percentage multiplied by the Replacement Cost. INMLI 16 L As used herein, "Specified Loss Percentage"means an estimate produced by Beneficiary's selected software of the earthquake damage to the Property, expressed as a percentage of Replacement Cost. Deposits by Grantor. To assure the timely payment of real estate taxes and special assessments(including personal property taxes, if appropriate), upon the occurrence of an Event of Default, Beneficiary shall thence forth have the option to require Grantor to deposit funds with Beneficiary, in monthly 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 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 appropriated to Beneficiary to be applied to the payment of such real estate taxes and special assessments and, at the option of Beneficiary after default,the Indebtedness. Notices. Any notices, demands, requests and consents permitted or required hereunder or under any other Loan Document shall be in writing, may be delivered personally or sent by certified mail with postage prepaid or by reputable courier service with charges prepaid. Any notice or demand sent to Grantor by certified mail or reputable courier service shall be addressed to Grantor in c/o PacTrust Realty, Inc., 15350 S.W. Sequoia Parkway, Suite 300, Portland, OR 97224, Attn: Mr. John Hart or such other address in the United States of America as Grantor shall designate in a notice to Beneficiary given in the manner described herein. Any notice sent to Beneficiary by certified mail or reputable courier service shall be addressed to The Northwestern Mutual Life Insurance Company to the attention of the Real Estate Investment Department at 720 East Wisconsin Avenue, Milwaukee, WI 53202, or at such other addresses as Beneficiary shall designate in a notice given in the manner described herein. Any notice given to Beneficiary shall refer to the Loan No. set forth above. Any notice or demand hereunder shall be deemed given when received. Any notice or demand which is rejected,the acceptance of delivery of which is refused or which is incapable of being delivered during normal business hours at the address specified herein or such other address designated pursuant hereto shall be deemed received as of the date of attempted delivery. 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 PacTrust 16 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 {NML 17 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 PacTrust 16 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, executors, administrators,successors,grantees,and assigns of the parties hereto,respectively, and the term "Beneficiary" shall include the owner and holder of the PacTrust 16 Note. Legal Enforceability. No provision of this instrument,the PacTrust 16 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 PacTrust 16 Note. Miscellaneous. Time is of the essence in each of the Loan Documents. The remedies of Beneficiary as provided herein or in any other Loan Document or at law or in equity shall be cumulative and concurrent,and may be pursued singly,successively,or together at the sole discretion of Beneficiary,and may be exercised as often as occasion therefor shall occur; and neither the failure to exercise any such right or remedy nor any acceptance by Beneficiary of payment of Indebtedness in default shall in any event be construed as a waiver or release of any right or remedy. Neither this instrument nor any other Loan Document may be modified or terminated orally but only by agreement or discharge in writing and signed by Grantor and Beneficiary. If any of the provisions of any Loan Document or the application thereof to any persons or circumstances shall to any extent be invalid or unenforceable,the remainder of such Loan Document and each of the other Loan Documents, and the application of such provision or provisions to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected thereby, and every provision of each of the Loan Documents shall be valid and enforceable to the fullest extent permitted by law. NML 18 Waiver of Jury Trial. Grantor hereby waives any right to trial by jury with respect to any action or proceeding(a)brought by Grantor,Beneficiary or any other person relating to(i)the obligations secured hereby and/or any understandings or prior dealings between the parties hereto or(ii)the Loan Documents or the Environmental Indemnity Agreement, or(b)to which Beneficiary is a party. Captions. The captions contained herein are for convenience and reference only and in no way define, limit or describe the scope or intent of,or in any way affect this instrument. Governing Law. This instrument,the interpretation hereof and the rights, obligations, duties and liabilities hereunder shall be governed and controlled by the laws of the state in which the Property is located. 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: PacTrust Realty,Inc., a Delaware corporation, its general partner By: C. Name: John C. Hart Its: Chief Financial Officer STATE OF OREGON ) )ss. COUNTY OF MULTNOMAH ) This instrument was acknowledged before me on J Lti t•.,2006 by John C. Hart,as Chief Financial Officer of PacTrust Realty,Inc.,a Dela a corporation, as General Partner of Pacific Realty Associates,L.P., a Delaware limited partnership. ` ,,- OFFICIAL SEAL = :� . KELLY M NORTON /til 41A.�, NOTARY PUBLIC-OREGON COMt�d�iS4BN N0.3 EA Notary Publi.ter Oregon MY COMMISSION EXPIRES AUG.25,2008 My commission expires: O?/./-/0 This instrument was prepared by Brenda Stugelmeyer,Attorney, for The Northwestern Mutual Life Insurance Company, 720 East Wisconsin Avenue,Milwaukee, WI 53202. [NMLJ 19 EXHIBIT "A" LEGAL DESCRIPTION Section 10, Township 2 South County of Clackamas A parcel of land situated in the Southwest one-quarter of Section 10, Township 2 South, Range 2 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, being a part of Tract"F", CLACKAMAS RIVERSIDE, recorded in Book 4, Page 5,Plat Records of Clackamas County, said parcel more particularly described as follows: Beginning at the Southwest corner of a parcel of land conveyed to Safeway Stores Incorporated, a Maryland corporation, recorded in Book 499,Page 32,Clackamas County Deed Records,being a point in the North line of Jennifer Street(County Road No. 2173),said point bears South 89°50'43" East along the South line of Section 10, aforesaid, 184.37 feet and North 00°09'17" East 30.00 feet from the Southwest corner thereof; thence along the North line of said street,North 89°50'43" West 64.00 feet; thence North 00°23'31" West 142.00 feet; thence North 89°50'43" West 88.00 feet; thence North 00°23'31" West 350.00 feet; thence South 89°50'43" East 149.00 feet; thence North 00°23'31" West 97.71 feet to a point in the centerline of the Southern Pacific Transportation Company's existing drill track; thence along said centerline on the arc of a non tangent 382.25 foot radius curve right 9.37 feet through a central angle of 1°24'16" (chord bears South 59°21'56"East 9.37 feet); thence tangent to said curve along said centerline, South 58°39'48" East 97.71 feet to the beginning of a tangent 382.25 foot radius curve left; thence on the arc of said curve 209.35 feet through a central angle of 31°22'51" (chord bears South 74°21'13"East 206.75 feet); thence tangent to said curve along the centerline of said drill track,North 89°57'21" East 17.75 feet to a point in the Westerly line of the Northerly extension of Safeway,a 50 foot wide parcel of land deeded to Clackamas County; thence along said extended line and the Westerly line of said Safeway; South 00°26'50" East, 479.21 feet to the North line of Jennifer Street,aforesaid, 60 feet wide; thence along said line, North 89°50'43"West 305.07 feet to the point of beginning. TOGETHER WITH AND SUBJECT to an easement for reciprocal access easement purposes, in the Southeast one-quarter of Section 9 and the Southwest one-quarter of Section 10, Township 2 South, Range 2 East of the Willamette Meridian, in the County of Clackamas and State of Oregon, situated on those parcels of land heretofore conveyed to Cupples Paper Bag Co.,a California corporation, by Bargain and Sale Deed recorded October 29, 1979 under Fee No. 79-48192 and Statutory Warranty Deed recorded January 5, 1982 under Fee No. 82-127, Clackamas County Deed Records,said easement more particularly described as follows: 1 Beginning at a point in the North line of SE Jennifer Street, 60 feet wide, said point bears South 89°35'36" West 115.78 feet along the South line of Section 9 and North 00°24'24" West 30.00 feet from the section corner common to Sections 9, 10, 15 and 16,Township 2 South, Range 2 East of the Willamette Meridian, said County and State; thence leaving the North line of said street, along the perimeter of said easement the following courses, to-wit: North 00°24'24" West 8.62 feet;North 20°44'16" East 67.38 feet;North 89°41'25" East 31.86 feet; North 00°45'02" West 28.46 feet; North 89°24'35" East 49.98 feet;North 00°2327" West 145.32 feet; North 89°26'19" East 70.07 feet; North 00°30'11" West 245.87 feet; South 89°50'43" East 77.90 feet; South 00°09'17" West 14.14 feet; South 30°41'52" West 82.53 feet; South 00°30'11" East 212.23 feet; South 89°30'16" West 67.29 feet; South 00°22'42" East 95.37 feet; North 89°48'40"East 82.15 feet; North 88°42'31" East 45.96 feet; South 50°44'16" East 46.26 feet; South 00°24'27"East 70.89 feet to a point in the North line of SE Jennifer Street,aforesaid; thence along said line North 89°50'43" West 94.94 feet to a point therein; thence leaving said North line,North 01°33'03"West 30.49 feet; thence South 89°53'53" West 163.63 feet; thence South 00°29'07"East 30.41 feet to a point in the North line of the aforesaid street;thence along said line South 89°35'36" West 48.41 feet to the point of beginning. EXCEPTING THEREFROM that portion lying below a depth of 500 feet, measured vertically from the contour of the surface of said property as disclosed by Deed recorded October 29, 1979, Recorder's Fee No. 79-48192. LEGAL DESCRIPTION Ford Industrial Park County of Clackamas TRACT A: A tract of land,being a portion of Lot 3, Block 1 of the Plat of FORD INDUSTRIAL PARK in the Southwest one-quarter of Section 11,Township 2 South,Range 2 East, of the Willamette Meridian, in the County of Clackamas and State of Oregon,said tract of land being described as follows: Commencing at the South corner common to said Lot 3 and to Lot 2 of Block 1 of the Plat of FORD INDUSTRIAL PARK; thence along the Southerly line of said Lot 3, South 74°57'30" West, 68.35 feet to the true point of beginning; thence continuing along the Southerly line of said Lot 3, South 74°57'30" West, 211.65 feet to the Westerly line of said Lot 3; thence along the Westerly line of said Lot 3, North 15°02'30" West, 339.05 feet to the Southerly right-of-way line of Clackamas Highway(State Highway No. 212) 2 as conveyed in Fee no. 82-7299, Clackamas County Deed Records; thence tracing said Southerly right-of-way line of Clackamas Highway, Easterly along the arc of a 3879.72 foot radius curve to the left, through a central angle of 3°18'08",an arc distance of 223.61 feet(the long chord of which bears North 79°05'50" East, 223.58 feet)to a point which lies 57.00 feet Westerly of,when measured at right angles to,the Easterly line of said Lot 3; thence parallel with the Easterly Iine of said Lot 3, South 15°02'30" East, 242.59 feet; thence South 7°00'00"East, 81.12 feet to the true point of beginning. TOGETHER WITH the access easement as contained in the Declaration of Easements, recorded January 22, 1998 as Fee No. 98-004493. TRACT B: Lots 4, 5 and 6, Block 1, FORD INDUSTRIAL PARK, in the County of Clackamas and State of Oregon. EXCEPTING THEREFROM those portions of Lots 4 through 6, inclusive,as described in that certain Deed dated February 25, 1982, from Roseburg Lumber Company to the State of Oregon, Department of Transportation(Highway Division), recorded May 15, 1982 in Official Record 82-7299, in the Recorder's office of said county. ALSO EXCEPTING THEREFROM that portion thereof described in Deed to Clackamas County recorded March 21, 1997 as Fee No. 97-038192. LEGAL DESCRIPTION Section 29, Township 1 North City of Portland, County of Multnomah PARCEL I: A tract of land in the Northeast quarter of Section 29, Township 1 North, Range 1 East of the Willamette Meridian, in the City of Portland, County of Multnomah and State of Oregon,described as follows: Beginning at the intersection of the Southerly line of N.W. Yeon Avenue and the East line of the N.W. 29th Avenue; thence South 66°08' East, 513.87 feet to the true place of beginning of the herein described tract; thence continuing along the Southerly line of N.W. Yeon Avenue South 66°08' East, 917.70 feet to a point which is North 66°08'West, 227.05 feet from the Northwest corner of a tract of land conveyed to Wauna Land Co., recorded June 10, 1949 in Deed Book 1341,Page 107,Deed Records of Multnomah County, Oregon; thence South 0°52' West, 206.41 feet; thence North 66°08'West 196.26 3 • feet; thence South 23°52'West, 190.0 feet; thence North 66°08'West 640.79 feet; thence North 0°52'East,412.82 feet to the place of beginning. EXCEPTING THEREFROM the following described property: Commencing at the Northwest corner of the tract of land conveyed to Wauna Land Co. recorded in Deed Book 1341, at Page 107, Deed Records, Multnomah County,Oregon; said point being in the Southwesterly line of NW Yeon Avenue; thence North 66°08' West along Southerly line of NW Yeon Avenue 227.05 feet to a point of true beginning; thence South 0°52'West 141.23 feet; thence North 66°08'West 182.18 feet; thence North 23°52'East 130 feet to a point on the Southerly line of NW Yeon Avenue; thence South 66°08' East 127 feet to the true point of beginning. PARCEL II: A tract of land in the Northeast quarter of Section 29, Township 1 North, Range 1 East of the Willamette Meridian, in the City of Portland,County of Multnomah and State of Oregon, described as follows: Commencing at the Northwest corner of the tract of land conveyed to Wauna Land Co. recorded in Deed Book 1341, at Page 107, Deed Records,Multnomah County,Oregon; said point being in the Southwesterly line of NW Yeon Avenue; thence North 66°08' West along Southerly line of NW Yeon Avenue 227.05 feet to a point of true beginning; thence South 0°52'West 141.23 feet; thence North 66°08'West 182.18 feet; thence North 23°52' East 130 feet to a point on the Southerly line of NW Yeon Avenue; thence South 66°08'East 127 feet to the true point of beginning. LEGAL DESCRIPTION International Corporate Center No. 3 City of Portland, County of Multnomah Lot 9, INTERNATIONAL CORPORATE CENTER NO. 3, in the City of Portland, County of Multnomah and State of Oregon. TOGETHER WITH a 15 foot private sanitary sewer easement over and across the Southeastern portion of Lot 8 of INTERNATIONAL CORPORATE CENTER NO. 3 and as shown on the recorded plat. ALSO TOGETHER WITH the access easement as contained in the Declaration of Easements recorded January 22, 1998 as Fee No. 98-009486. 4 LEGAL DESCRIPTION City of Hillsboro, County of Washington PARCEL I: A tract of land located in the Southwest one-quarter of Section 26,Township 1 North, Range 2 West, Willamette Meridian, and also located in the Isaac Butler Donation Land Claim No. 48, in the City of Hillsboro,County of Washington and State of Oregon,being more particularly described as follows: Beginning at a point on the West right-of-way line of NW Cornelius Pass Road at Engineer's Station 226+42.83 /49.00 feet left(as shown on the plat of County Road No. 2662); thence along said West right-of-way line, South 01°12'45" West,77.36 feet to the true point of beginning; thence South 01°12'45" West, along said West right-of-way line and its Southerly extension, 608.37 feet to a point on the Southeasterly line of that tract of land described in Deed Document No. 84-035904; thence Southwesterly along said Southeasterly line, 626.65 feet on the arc of a non-tangent 686.20 foot radius curve to the right through a central angle of 52°19'25"(the long chord bears South 43°21'19"West, 605.10 feet); thence North 03°49'30" West, 831.81 feet;thence North 75°35'20" East, 8.65 feet to a point of curvature; thence 171.88 feet on the arc of a 343.00 foot radius curve to the left through a central angle of 28°42'40"(the long chord bears North 61°13'58" East, 170.09 feet); thence North 46°52'38"East, 128.32 feet to a point of curvature; thence 31.64 feet along the arc of a 257.00 foot radius curve to the right through a central angle of 07°03'16" (the long chord bears North 50°24'16" East,31.62 feet); thence North 36°04'05" West, 7.00 feet; thence 171.78 feet on the arc of a non- tangent 264.00 foot radius curve concave to the South through a central angle of 37°16'51" (the long chord bears North 72°34'20" East, 168.76 feet); thence South 88°47'15"East, 25.45 feet; thence South 42°06'30" East, 38.63 feet to the true point of beginning. TOGETHER WITH that portion of vacated county road as vacated by document recorded February 18, 1999 as Fee No. 99020056. PARCEL II: A parcel of land situated in the Southwest quarter of Section 26,Township 1 North, Range 2 West of the Willamette Meridian, located in the City of Hillsboro,County of Washington and State of Oregon, described as follows: Commencing at the intersection of the Surveyor's Center Line of Old Cornell Road with the Engineer's Center Line of realignment of NW Cornelius Pass Road identified as Surveyor's Station 0+00.00=Engineer's Station P.O.T. 127+65.00,said intersection 5 bearing North 01°01'12" West on a computed reference line a distance of 1055.366 feet from the intersection of the center line of NW Nicholas Court with the Engineer's Center Line of NW Cornelius Pass Road and being identified as Engineer's Station 117+09.14 on Record of Survey Map S.N. 27,454 - Washington County Survey Records; thence South 86°11'49: West along the Surveyor's Center Line of said Old Cornell Road a distance of 150.52 feet to Surveyor's Station 1+50.52;thence North 03°48'11" West at a right angle to said center line a distance of 35.00 feet to an angle point on the Northerly right-of-way line of County Road No. 1149(70 feet wide)said point being on the Easterly extension of the North line of that parcel as described as Tract 2A and 2B in Dedication Deed to Washington County in Document No. 98-048135 and the true point of beginning of the following described tract of land;thence from said true point of beginning South 86°11'49"West along said Northerly right-of-way line parallel to and 35.00 feet Northerly as measured at right angles to said Center Line of County Road No. 1149 a distance of 647.68 feet to a point of cusp at the intersection of the Southeasterly line of that property as described as Parcel "B" in Deed to Pacific Realty Associates,L.P., a Delaware limited partnership, in Document No. 84-048243; thence along said Southeasterly line of Parcel B and Parcel A as described in Document No. 84-048243 of the following three(3) courses: (1) along a spiral curve being offset 30.00 feet Northerly as measured at right angles to the centerline of a 60 foot wide vacated road(reference bearing of North 76°43'22"East 187.51 feet on the long chord of said offset spiral curve) a distance of 187.85 feet more or less to a point of spiral to curve; (2)on a curve to the left having a radius of 686.20 feet,through a central angle of 52°57'17", an arc distance of 634.21 feet(chord bearing North 43°43'11" East,611.87 feet)to a point of curve to spiral; (3) along a spiral curve being offset 30.00 feet Northwesterly as measured at right angles to the center line of a 60 foot wide vacated road(reference bearing North 09°47'00" East 222.44 feet on the long chord of said offset spiral curve)a distance of 222.93 feet,more or less to the intersection of the West line of said realigned NW Cornelius Pass Road, said point being 49.00 feet Westerly as measured at right angles from the center line of said Relocated road; Thence along said Relocated Road right-of-way line being 49.00 feet Westerly as measured at right angles from the center line of said Relocated Road, the following(3) courses: (1) South 10°16'28" East 444.49 feet; (2)on a curve to the right having a radius of 1401.00 feet,through a central angle of 05°34'07", an arc distance of 136.16 feet(chord bearing South 07°29'25" East, 136.11 feet); (3) South 04°42'21" East 67.81 feet to the intersection of the Northerly right-of-way line of Relocated Old Cornell Road(County Road No. 1149); thence South 77°43'50" West along said right-of-way line a distance of 101.84 feet to the true point of beginning. 6 LEGAL DESCRIPTION City of Tigard, County of Washington PARCEL I: Lot 1, PACIFIC CORPORATE CENTER, in the City of Tigard, County of Washington and State of Oregon. EXCEPTING THEREFROM the title and exclusive right to all of the minerals and mineral ores of every kind and character now known to exist or hereafter discovered upon, within or underlying said land below a depth of 1,000 feet or that may be produced therefrom, including,without limiting the generality of the foregoing, all petroleum,oil, natural gas and other hydrocarbon substances and products derived therefrom as reserved by instrument recorded September 9, 1966 in Book 614, Page 416,records of Washington County, Oregon. PARCEL II: A tract of land being a portion of Lot 3,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 Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the West corner common to Lots 3 and 4 of said PACIFIC CORPORATE CENTER; thence North 72°13'29" East, 354.20 feet to a point of curvature; thence along the arc of a 100.00 foot radius curve to the right, through a central angle of 21°09'13", an arc distance of 36.92 feet(the chord of which bears North 82°48'06"East, 36.71 feet) to a point of reverse curvature; thence along the arc of a 100.00 foot radius curve to the left, through a central angle of 3°51'06", an arc distance of 6.72 feet(the chord of which bears South 88°32'50" East, 6.72 feet)to a point of tangency; thence North 89°31'37" East, 12.00 feet to a point of curvature; thence along the arc of a 100.00 foot radius curve to the left, through a central angle of 17°04'09", an arc distance of 29.79 feet(the chord of which bears North 80°59'32"East,29.68 feet) to the East boundary of said Lot 3; thence tracing the boundary of said Lot 3 the following courses and distances: Northerly along the arc of a 667.50 foot radius curve to the right, through a central angle of 29°33'48",an arc distance of 344.42 feet(the chord of which bears North 7°40'56" East, 340.61 feet)to a point of reverse curvature; thence along the arc of a 27.50 foot radius curve to the left, through a central angle of 89°45'50", an arc distance of 43.08 feet(the chord of which bears North 22°25'05" West, 38.81 feet)to a point of tangency; thence North 67°18'00" West, 3.39 feet to a point of curvature; thence along the arc of a 292.50 foot radius curve to the left,through a central angle of 23°10'23",an arc distance of 118.30 feet(the chord of which bears North 78°53'12" West, 117.50 feet)to a point of tangency; thence South 7 89°31'37" West,334.99 feet to a point of curvature; thence along the arc of a 32.00 foot radius curve to the left, through a central angle of 89°54'23", an arc distance of 50.21 feet (the chord of which bears South 44°34'26" West,45.22 feet)to a point of tangency; thence South 00°22'46" East 385.93 feet; thence South 17°47'14" East, 98.51 feet to the point of beginning. EXCEPTING THEREFROM all sand and gravel and all minerals and mineral rights, interests,and royalties, including without limiting the generality thereof, oil, gas,and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property, as reserved by deed recorded September 30, 1988, as Recorder's Fee No. 88-43635, Washington County Deed Records. PARCEL III: A tract of land being a portion of Lot 4,PACIFIC CORPORATE CENTER, a duly recorded plat in Washington County Plat Book 71, Pages 38 through 41,and a portion of that strip of land described as Parcel 1 in deed to Pacific Realty Associates, L.P. in Document No. 90-20301,Washington County Book of Records, located in 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, described as follows: Beginning at the most Southerly corner of said Lot 4 of said PACIFIC CORPORATE CENTER; thence tracing the boundary of said Lot 4 the following courses and distances: North 50°11'17" East, 122.71 feet to a point of curvature; thence along the arc of a 40.00 foot radius curve to the left,through a central angle of 73°57'52", an arc distance of 51.64 feet(the chord of which bears North 13°12'21"East,48.13 feet)to a point of reverse curvature; thence along the arc of a 336.50 foot radius curve to the right, through a central angle of 21°27'52", an arc distance of 126.06 feet(the chord of which bears North 13°02'39" West, 125.33 feet)to a point compound curvature; thence along the arc of a 140.95 foot radius curve to the right,through a central angle of 21°48'43",an arc distance of 53.66 feet(the chord of which bears North 8°35'38"East, 53.33 feet)to a point of tangency; thence North 19°30'00" East, 109.36 feet to a point of curvature; thence along the arc of a 797.50 foot radius curve to the left,through a central angle of 6°16'42", an arc distance of 87.39 feet(the chord of which bears North 16°21'39" East, 87.34 feet); thence leaving the boundary of said Lot 4,North 81°54'34"West,41.63 feet to a point of curvature;thence along the arc of a 61.00 foot radius curve to the left,through a central angle of 86°04'09", an arc distance of 91.63 feet(the chord of which bears South 55°03'21" West, 83.26 feet)to a point of tangency; thence South 12°01'17" West, 56.00 feet to a point of curvature; thence along the arc of a 28.00 foot radius curve to the left, through a central angle of 33°00'00",an arc distance of 16.13 feet(the chord of which bears South 4°28'43" East, 15.90 feet to a point of tangency; thence South 20°58'43" East, 15.00 feet; thence South 69°47'33" West, 178.76 feet to the West boundary of said strip described as Parcel 1 in said Document No. 90-20301; thence along the boundary of 8 said strip the following courses and distances: along the arc of an offset(35.00 feet Easterly)of a centerline spiral which has a total length of 325.00 feet and a spiral angle of 3°39'23" (the chord of said offset spiral being South 19°59'54" East, 150.74 feet)to a point of offset spiral to curve; thence along the arc of a 2511.43 foot radius curve to the left,through a central angle of 4°09'40",an arc distance of 182.39 feet(the chord of which bears South 23°31'27" East, 182.35 feet); thence North 50°11'17" East, 15.48 feet to the point of beginning. EXCEPTING THEREFROM all minerals and mineral rights, interest, and royalties, including without limiting the generality thereof,oil,gas,and other hydrocarbon substances, as well as metallic or other solid minerals, in and under said property as reserved by deed recorded December 15, 1987 as Recorder's Fee No. 87061288 and reserved by deed recorded April 25, 1990 as Recorder's Fee No. 90-20301, Washington County Deed Records. PARCEL IV: Parcel 1, PARTITION PLAT NO. 1996-048, in the County of Washington and State of Oregon. TOGETHER WITH an access easement as described in Declaration of Easement recorded March 21, 1995 as Recorder's Fee No. 95018428. ALSO TOGETHER WITH a reciprocal ingress and egress easement as disclosed on the recorded PARTITION PLAT NO. 1996-048. LEGAL DESCRIPTION Section 13, Township 2 South Washington County PARCEL I: A tract of land located in the Northwest one quarter of the Northeast one quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian, Washington County, Oregon, described as follows: Beginning at an iron rod on the West right of way of SW 72nd Avenue that is North 0°00'09"East 839.821 feet(840.20 feet by C.S. 21,286)and North 89°59'51" West 41.375 feet(41.39 feet by C.S. 21,286) from the Northeast center 1/16th corner of said Section 13 as shown on C.S. 19,127; thence North 89°59'S 1" West 255.50 feet to an iron rod; thence North 43°40'11" West 116.47 feet to an iron rod on the Southeasterly right of 9 way of SW Upper Boones Ferry Road; thence North 48°41'42" East 265.97 feet along said right of way to an iron rod marking the end of the transition curve between SW Boones Ferry Road and SW 72nd Avenue; thence along the arc of said 40 foot radius cruve to the right through a central angle of 96°02'32" and arc length of 67.05 feet(chord bears South 83°17'02" East 59.47 feet)to an iron rod at a point of compound curvature on the Westerly right of way of said SW 72nd Avenue; thence along the arc of a 420.00 foot radius curve to the right through a central angle of 35°15'55" an arc length of 258.51 feet (chord bears South 17°37'49" East 254.45 feet) to an iron rod at a point of tangency; thence along said right of way South 0°00'09" West 10.37 feet to the point of beginning. PARCEL II: A tract of land located in the Northwest one quarter of the Northeast one quarter of Section 13, Townsip 2 South,Range 1 West,Willamette Meridian, Washington County, Oregon, described as follows: Beginning at an iron rod on the West right of way of SW 72nd Avenue that is North 0°00'09" East 222.121 feet and North 89°59'S 1"West 41.375 feet from the Northeast center 1/16th corner of said Section 13 as shown on C.S. 19,127; thence North 89°59'51" West 237.50 feet to an iron rod; thence North 0°00'09" East 68.00 feet to an iron rod; thence North 89°59'51" West 119.20 feet to an iron rod; thence North 0°00'09" East 129.00 feet to an iron rod; thence North 0°00'09"East 106.605 feet to an iron rod; thence North 44°05'13" West 287.39 feet to an iron rod on the Southeasterly right of way of SW Upper Boones Ferry Road;thence along said right of way North 49°19'55" East 138.74 feet to a brass screw in the sidewalk at a right of way angle point; thence continuing along said right of way North 48°41'42" East 153.76 feet to an iron rod; thence leaving said right of way South 43°40'11" East 116.47 feet to an iron rod; thence South 89°59'51" East 18.00 feet to an iron rod;thence South 89°59'51" East 237.50 feet to an iron rod on the West right of way of SW 72nd Avenue; thence South 0°00'09" West 308.00 feet along the said right of way to the iron rod; thence South 0°00'09" West 309.70 feet along said right of way to an iron rod at the point of beginning. PARCEL III: A tract of land located in the West one half of the Northeast one quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian,Washington County,Oregon, being also part of Tracts 28,29, 30 and 31,COUNCIL VIEW ACRES, as recorded in Plat Book 6,Page 14, Washington County Oregon,described as follows: Beginning at a%inch iron pipe with county plug on the West right of way of SW 72nd Avenue that is South 89°28'28" West 41.39 feet from the Northeast center 1/16th corner of Section 13; thence South 89°28'28"West 205.00 feet to a Y4 inch iron pipe with county plug; thence South 0°05'05" East 42.85 feet to a 3 inch iron pipe with county plug; 10 thence South 89°28'28" West 279.15 feet to an iron rod on the East right of way of SW Durham Road; thence following said right of way North 0°31'32" West 130.92 feet to an iron rod; thence Northerly along the arc of a 230.00 foot radius curve to the left through a central angle of 32°16'33" a distance of 129.56 feet(chord bears North 16°39'48" West 127.857 feet)to an iron rod; thence continuing Northerly following said right of way of Durham Road along the arc of a 230.00 foot radius curve to the left through a central angle of 7°52'00", a distance of 31.58 feet(chord bears North 36°48'05" West 31.554 feet), to a brass screw set in the sidewalk; thence North 40°40'05" West 247.07 feet to a brass screw set in the sidewalk; thence Northerly along the arc of a 320.00 foot radius curve to the right,through a central angle of 10°11'31", a distance of 56.92 feet(chord bears North 35°34'19" West 56.85 feet)to an iron rod; thence North 30°28'34" West 19.64 feet to an iron rod; thence North 0°05'05" West 88.76 feet to a brass screw set in the sidewalk on the Southeasterly right of way of SW Upper Boones Ferry Road; thence following said right of way North 49°19'55" East 248.32 feet to an iron rod; thence leaving said right of way South 44°05'13"East 287.39 feet to an iron rod; thence South 0°00'09" West 235.605 feet to an iron rod; thence South 89°59'51"East 119.20 feet to an iron rod; thence South 0°00'09" West 68.00 feet to an iron rod; thence South 89°59'51" East 237.50 feet to an iron rod on the West right of way of SW 72nd Avenue; thence along said right of way South 0°00'09" West 222.50 feet to the point of beginning. PARCEL IV: A tract of land situated in the Northeast one quarter of Section 13, Township 2 South, Range 1 West, Willamette Meridian, and a part of COUNCIL VIEW ACRES NO. 2,City of Tigard, County of Washington and State of Oregon, more particularly described as follows: Commencing at a Washington County brass cap monument marking the center of said Section 13; thence North 00°02'33" West 1318.12 feet; thence North 89°28'26" East 8.85 feet to the point of intersection of the Easterly right of way line of S.W. Upper Boones Ferry Road, 60 feet wide,with the North line of said COUNCIL VIEW ACRES NO. 2, a duly recorded plat, and the true point of beginning of the following described parcel of land; thence along said Easterly right of way line,North 07°05'41" East 63.00 feet to the beginning of a non-tangent 296.30 foot radius curve right to which a radial line bears South 77°35'30" East; thence on the arc of said curve 140.56 feet through a central angle of 27°10'47" (chord bears North 25°59'56" East 139.24 feet)to a point of non-tangency; thence continuing along said Easterly right of way line,North 49°19'56" East 440.12 feet; thence along the Southwesterly right of way line of S.W. Durham Road,on the arc of a tangent 40.00 foot radius curve right 72.51 feet through a central angle of 103°51'39" (chord bears South 78°44'16" East 62.98 feet); thence on the arc of a tangent 392.00 foot radius curve left 28.67 feet through a central angle of 04°1125" (chord bears South 28°54'09" East 28.66 feet)to the beginning of a non-tangent 65.00 foot radius curve right to which a radial line bears South 59°00'09" West; thence continuing along said right of 11 way line on the arc of said curve 5.89 feet through a central angle of 5°11'40" (chord bears South 2°40'55" East 5.89 feet); thence radial to said curve,North 89°54'55" East 3.33 feet to the beginning of a non-tangent 392.00 foot radius curve left to which a radial line bears North 57°59'40" East; thence continuing along the Westerly line of S.W. Durham Road, 72 feet wide,on the arc of said curve 59.27 feet through a central angle of 08°39'45" (chord bears South 36°20'12" East 59.21 feet);thence tangent to said curve, South 40°40'05"East 246.94 feet; thence along said right of way line on the arc of a tangent 158.00 foot radius curve right 110.70 feet through a central angle of 40°08'33" (chord bears South 20°35'48" East 108.45 feet); thence tangent to said curve, South 00°31'32" East 118.35 feet; thence leaving said street, South 89°29'10" West 424.42 feet; thence North 00°33'01"West 30.14 feet to the North line of said COUNCIL VIEW ACRES NO. 2; thence along said line South 89°28'26" West 292.43 feet to the true point of beginning. PARCEL V: A tract of land situated in the Northeast one quarter of Section 13, Township 2 South, Range 1 West,Willamette Meridian, and a part of COUNCIL VIEW ACRES NO. 2, City of Tigard, County of Washington and State of Oregon,more particularly described as follows: Commencing at a Washington County brass cap monument marking the center of said Section 13; thence North 00°02'33" West 1318.12 feet; thence North 89°28'26" East 8.85 feet to the point of intersection of the Easterly right of way line of S.W. Upper Boones Ferry Road, 60 feet wide, with the North line of said COUNCIL VIEW ACRES NO. 2, a duly recorded plat; thence continuing on said North line,North 89°28'26" East 292.43 feet; thence South 00°33'01" East 30.14 feet to the true point of beginning of the following described parcel of land; thence North 89°29'10" East 424.42 feet to a point in the West right of way line of S.W. Durham Road, 72 feet wide; thence along said line, South 00°31'32"East 12.57 feet; thence North 89°29'10" East 3.00 feet to a point in the West line of said S.W. Durham Road, 66 feet wide;thence along said line South 00°30'17" East 252.13 feet; thence on the arc of a tangent 233.00 foot radius curve left 105.61 feet through a central angle of 25°58'16" (chord bears South 13°29'31" East 104.71 feet); thence leaving said street, South 89°29'10" West 522.02 feet;thence North 00°35'50" West 56.98 feet;thence South 88°57'34" West 48.38 feet; thence North 00°40'40"West 100.20 feet;thence North 89°28'50" East 120.00 feet; thence North 00°33'01"West 210.00 feet to the true point of beginning. PARCEL VI: A Tract Of Land Situated In The Northeast Quarter Of Section 13,Township 2 South, Range 2 South,Range 1 West,Willamette Meridian,also,Being a Portion of Council 12 View Acres, as Recorded in Plat Book 6, Page 14,Washington County Plat Records, Washington County and being more particularly described as follows: Beginning at the Intersection of the North Line of Lot 32,said Plat of Council View Acres and being the West Right-Of-Way of SW 72nd Avenue, said Point being 30.00 Feet West of the Centerline of said SW 72nd Avenue; Thence South 89° 28' 28" West along the said North line,a distance of 215.00 Feet to an angle point in the South line of a tract conveyed to Pacific Realty Associates,L.P. By Deed recorded in Document Number 84008324,Deed Records,Washington County,Oregon; Thence South 000 05'05" East, a distance of 42.85 Feet to an angle point in said South Line; Thence along said South Line South 89°28'28" West, a distance of 282.35 Feet to East Right-Of-Way Line Of SW Durham Road as conveyed to Washington County in Document Number 92018142 (Parcel)Deed Records, Washington County, Oregon; Thence along the said East Right- Of-Way Line the following courses: South 000 30' 59"East, a distance Of 252.11 Feet to the beginning of a Tangent 167.00 Foot radius curve to the Left;Thence along said curve through a Central Angle Of 62°33' 13"(the long chord of which bears South 31°47' 35" East, a distance of 173.40 Feet)an arc distance of 182.33 Feet to the end thereof; Thence South 63° 04' 12" East,a distance of 235.16 Feet to the beginning of a tangent 567.00 Foot radius curve to the Left; Thence along said curve through a central angle of 08°46' 29"(the long chord of which bears South 67°27'26" East, a distance of 86.75 Feet)an arc distance of 86.83 Feet to the end thereof;Thence South 78°44'57" East, a distance of 60.66 Feet; Thence North 51°46'31" East, a distance of 69.27 Feet to the West Right- Of-Ways Line of said SW 72nd Avenue; Thence along the West Right-Of-Way Line of SW 72 Avenue North 00° 00 22 West,a distance of 555.63 Feet To The Point of Beginning. 13 ( I ) METAL ROOFED AWNING FRAME ; I" SQ. STEEL TUBE WITH CITY01- fiCiARL POWDER COAT FINISH Approved by P arming COLOR RAL 7043 Date:ROOF ; 24 GA. STANDING SEAM METAL ROOF (€ q 0 COLOR = VINTAGE Initials: h-S I 19' 4" I1 NN 3'b" 3' 6" \r__________j \ \ 11 I / 4'p" 1 EXISTING CONCRETE SPANDREL I 1 = 12'0"+- 12' O"+- / / /� / /� / /� / 4 I I downspout - SIDE VIEW WEST ELEVATION - 1--74170.- Il I DATE: 5/31/2018 _PRO PROJECT: DESCRIPTION: QTY: I k 73O05W. LANDMARKLN. , PORTLAND OR 97232 1 BY: DAN SPEARING PAC TRUST STYLE: METAL ROOFED AWNING PH#(503) 624-5600 ROOF: 12" STANDING SEAM Fx#(503) 968-5440 SHEET: I 7007 SW CARDINAL LANE #315 FRAME: I" SQ. STEEL TUBE dan©pikeawning.cam SCALE: PORTLAND, OR. 97224 POWDER COAT: RAL 7043 ',/ i-o 1 i F } .. •rte /LCT LtNE AREA L • "4.5,451ras•-4,5•4.64,-,4,s ,•••.-, r Alf, ••,..c.„,,-1,%"':'''''?,sIV--'-i'7V:J•e ib/1 e'r.is�.anti'r.r.�, •!4#�r'"... 4—.4.-4.--p,....- „is,.yr.:' k.. 1 ! � • 1 1 1 ! , 1 .'.:�. ■ '�ti 1 r r..:�...."e�.,<,f�'-..:.:.:.tis +' 1 , 1• I 1 ! 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CARDINAL LANE AREA '" _ yah - _ _ ._._ _ _ � . ■� . _ r { /7 � � IoII 1 , 11Tillf, ITI111111 'l I, ,IIaL �/ �} • r r CITY OF TIGARD Approved b Panning ADD NEW AWNING TO STOREFRONT Date: a PLAN VIEW !i itics-is _ L .-Z . t NORTH DATE: 5/31/2018 PROJECT: DESCRIPTION: QTY: I W. LANDMARK LN. STYLE: METAL ROOFED AWNING rLAND OR 97232 BY: DAN SPEARING PAC TRUST ;503) 624-5600 ROOF: 121/ STANDING SEAM :503) 968-5440 SHEET: 1 7007 SW CARDINAL LANE #315 FRAME: ALUMINUM ppikeawning.com SCALE: I/6411 = I' 011 1 PORTLAND, OR. 97224 POWDER COAT: COLOR TO SELECTED i i1 ij ,LCT LINE AREA 1amtri, ■...•QA'.. •..G{�."0P:xi'','w.+■4r-__'t r1:;•s••ai;k'r 1 ri.w.r:- illbn4Rr--•raiFd' F•.eM4A•i4i.lr' f ti-*'"_ 1 1^1,1 •r,l'.ice.•+=,ice+ 1 1 '{ 1111111•,,,1' ' 1II1 - IIv`� I .. I 1• *.•f e�' __.r;� r , .� IiIIIIH ] : F1 . . ' BUILDING 410 (PTR #234) BUILDING # (PTR #233) tJ : - -' .__ P I I� iJ • •.•.� , L.t. r r I..L � F......,. s .. 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I of _- •' .f� ,. r, . :iii,-. ,t a 1' vr ,y _ f ,r• r'{! r,!'.',' ` a r Vi ' I. • ',' i ' .fir ,,. ltfkw i� ' .1...—, •,' �VA •� %• � '"`" .L` . f�Y,XG r `"wAiima, ,s441111 GoogIE _ 1 72 r`'t „ v Image capture:Sep 2017 ©2018 Google Tigard,Oregon W Google,Inc. \A-i-6°,1- �i_,i °0ter ► Street View-Sep 2017 Approved y Panning Date: __W�d_0 g .__.,... • j._)E (eifrd Cr, 'k ' A Evaluation criteria.The director shall determine that a major modification(s)will result if one or more .Ab , of the following changes are proposed.There will be: 1. An increase in dwelling unit density,or lot coverage for residential development; '"� '`�AAk +— 640 N/A 2. A change in the ratio or number of different types of dwelling units; U..)EA-A- c l C1/4-1#2t4 r-f N/A 3.A change that requires additional on-site parking in compliance with Chapter 18.310,Off-Street Parking and Loading; 4.A change in the type of commercial or industrial structures as defined by the state building code; Site Development Review 18.780-4 Code Update:12/17 Add metal roofed Awning over storefront Size=3'6"tall,4'0"projection,19'4"wide.Bottom of awning Installed 12'off sidewalk 5.An increase in the height of the building(s)by more than 20 percent; 6.A change in the type and location of accessways and parking areas where off-site traffic would be affected; 7.An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; 8.An increase in the floor area proposed for a nonresidential use by more than 10 percent excluding expansions under 5,000 square feet; 9.A reduction in the area reserved for common open space or usable open space that reduces the open space area below the minimum required by this title or reduces the open space area by more than 10 percent; 10.A reduction of project amenities below the minimum required by this title or by more than 10 percent where specified in the site plan: a.Recreational facilities; b.Screening;or c.Landscaping provisions. 11.A modification to the conditions imposed at the time of site development review approval that are not the subject of Paragraphs 18.780.040.8.1-10.