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MMD2018-00037 tl. ,- N n cx Z ,.....1 O © © © ce NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2018-00037 PWCC T I GARD 120 DAYS = December 18, 2018 SECTION I. APPLICATION SUMMARY FILE NAME: PWCC CASE NO.: Minor Modification(MMD) MMD2018-00037 PROPOSAL: The applicant proposes to increase the floor area for an existing industrial building by 500 square feet. The applicant is not proposing any changes to the existing building footprint,building height,on-site parking,or on-site landscaping. APPLICANT: Emmet Phair Construction Attn: Renee Snyder 6305 SW Rosewood Street,Suite E Lake Oswego,OR 97035 OWNER: Mission Homes Northwest,LLC Attn:Josh Kelso P.O.Box 1689 Lake Oswego,OR 97035 LOCATION: 7560 SW Durham Road WCTM 2S113BA,Tax Lot 2300 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 Chapter 18.780.050.0 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. MMD2018-00037 PWCC 1 THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject site (7560 SW Durham Road;WCTM 2S113BA,Tax Lot 2300) is located on the southwest side of SW Durham Road, northwest of SW Upper Boones Ferry Road, and north of the city's border with the City of Durham. The site's southern property line is directly adjacent to the TriMet Westside Express Commuter Rail. The site is partially located in the Clean Water Services Vegetated Corridor and the Federal Emergency Management Agency Special Flood Hazard Area.In April 2017,the City of Tigard Planning Division approved a Site Development Review for the subject property and the adjacent property (7520 SW Durham Road; WCTM 2S113BA, Tax Lot 2200). This approval was for an approximately 7,000-square-foot light industrial building on Tax Lot 2200, and for an approximately 10,000-square-foot light industrial building on Tax Lot 2300 (Case No. SDR2016-00011). In July 2018, the City of Tigard Planning Division approved a Minor Modification for the subject building to change the use from light industrial to wholesale sales, and to increase the floor area by 3,250 square feet (Case No. MMD2018-00035).The subject site is zoned Industrial Park (I-P). 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 increase the floor area for an existing industrial building by 500 square feet. As a result of this addition, the gross floor area for the subject building will be 13,750 square feet. The applicant is not proposing any changes to the existing building footprint,building height,on-site parking, or on-site landscaping. Because the applicant's proposal primarily affects off-street parking regulations,that is the main focus of this review. The subject building is occupied by a wholesale sales use, which has a minimum off-street parking requirement of 0.8 parking spaces for every 1,000 square feet of floor area(CDC Table 18.310.2). Accordingly, the updated minimum off-street parking requirement for the subject site is 11 parking spaces. Based on the applicant's submitted site plan, staff finds there is adequate parking at the development site,with 16 parking spaces provided. Upon review of the applicant's plans and narrative, staff finds that all other requirements of this title are not applicable.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. MMD2018-00037 PWCC 2 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, the Director's decision is final for purposes of appeal on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision is not appealable locally,and is the final decision of the City. THIS DECISION IS FINAL ON AUGUST 20, 2018, AND BECOMES EFFECTIVE ON AUGUST 21, 2018. -- Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS@tigard-or.gov. L 000.- August 20,2018 APPROVED BY: Lina Smith,Assistant Planner Community Development Director's Designee AIM MMD2018-00037 PWCC 3 l J I�1 AUG 142018 . CityE v,f''�'l'[ga>rc Cil r,....1 c , „ PLANi�IfIC ;'i=i':ir^I�ILIING !, COMMUNITY DEVELOPMENT DEPARTMENT �G Np • Modification Type IAApplication___ 4 PROPOSAL SUMMARY (Brief description) •• • jh GV EAR 111 S i as �. REQUIRED SUBMITTAL. • — J t�!o ELEMENTS -Pre,l�t' i Pe,VIAA t '.-�0 D - O���aer's Signature/��7ritten S_ t_ fiY IcLQiW ��• rliA horization I V c Transfer Instrument or Deed Site Plan(2 large pians drawn to scale I� yd one reduced to 8.5"x11'/:°) i Paddress/location(s): 1 0 \Sb1J () t/.,t. tops s) ddSta ess rt/ra i retire i Property► (2 topics)Address criteria in: ' 179 moi', G' q 77,7-LI -.)(r I is.fro.040.,i 1. • Tax map and tax lot#(s): �S'1�.;FS.A.0�2.'tpli Filing Prc • Site size: G�(.Jr� S FOR 5TArl• OW UNIX 1 i. �.. Case No,: !/.. s1 %�l� -JCC' 3- 1 Applicant'' Pa�r � Cm( '# A/,h&'i -42t;ne( � l ydr Related CnseNo.(S): 1'11'IDZ0j 1Y- ()(iO3S i Address: (t D�j SW N-C 16/gbd M.. Tante. Application Pee: ,1325,0 0 . City/state: - ackv . OP— %' pp��A� i "'"J� Zip: ��}-� Application accepted: 8'1'1 u Phone:Tit-245-1351 Email: e t?pi � 4'ri'Yitill t' tip a,(,t-. 05}4/1 By: (r. Date: 0 -( I i Application determined complete: PROPERTY OWNER/DEED lE3©LDER(S)�` 0 Same ,� :cant ' //6 1 Name: JOS �LSo (l'i t56 t'oY, t-1--pwt eS Nial--tvNitS Date; 8 �� ..,..,,,,,..r�owna.... b�Ny�ipiaro�f«muad Addt•css; PO AUX I��1 Template/V.1Mtli•Applusu9n4 ray.u„ n City/state: Ldt i -�'"�l e- Q I (ate Zip: '/'C?3 ' When the owner and the applicant are Contact name: P,X4�/ different people,the applicant must be the 3 / purchaser of record or a lessee-repossession Phone number: (5v3) 1 -- I erI - _ with written authorization from the owner or an agent of the owner.The owner(s) I must sign this application in the space ? provided on the hack of this form or i submit a written authorization with this application, APPLICANT'S STATEMENT `lite applicant's statement must include a summary of the proposed changes.Criteria in either l8.7ti+l.NO(13)of 1fi.74(1.02(,::73) I (2)must be addressed with a derailed response to each criterion.Failure to provide the information needed to process the I application would be reason to consider an application incomplete and delay review of the proposal. i In addition,the Director must find that clic proposed change is in compliance with all applicable requirements of Title 18 of x the Tigard Development Code,To complete this review,the Applicant's proposal must include a discussion indicating how the site.expansion/change will continue to comply with the maximum setback,building height,parking,and landscaping standards. f Other requirements of this tido such as clear vision,solid waste storage,non-conforming situations,signs,and tree removal y ;nay also be applicable depending on the type and location of the proposed modifications, 1 ,�..._.....•.... ...__�_._-.._,. ....._--•----�--�•�-r•-;;,•,z_ ,, .._._.zr.�•--.-_.-...::-*::�:•r._.�s-.^�-�;•:r-cote_ 5 City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • unvwtigard-or.gov • 503-718-2421 • Page 1 of 2 l i H e C S 1 F v". 1 APPLICANTS To consider an application complete,you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S)SHALL CERTIFY THAT: • l'he above request does_not violate any deed restrictions that rn;,y he attached to or imposed upon the subject property. ▪ If the application h granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the ! conditions and limitations of the approval. ▪ All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such E statements are false. 1 • 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. . SIGNATURESo each owner of the subject pro erty requited. } PAYI C �.5'n V C�GC • t- ( 1 r-1,4(ere los or jj3/)-6 : App a 's signature Print name Date ' • _______ all. 3 wnet's srgnatute Print name Date •} 3 Owner's signature Print name Date ' l ADDITIONAL OWNER/DEED HOLDER INFORMATION ' f Name: _ Name: I Address: t Address; _ % City/state: Zip: City/state: 'Lip; Signature: Signature: i. y i; t a ' . MINOR M OD IFICATION APPLICATION F City of Tigard • 13125 SW Hall Blvd. . Tigard,Oregon 97223 • www.tigard-orgov • 503-718-2421 • Page 2 of 2 ii , I I_ E i i s, •'�t� First American Title Company of Oregon 4111130116.� 121 SW Morrison St,FL 3 First American Portland,OR 97204 Phn-(503)222-3651 (800)929-3651 Fax-(877)242-3513 Order No.: 7000-2465751 June 12, 2015 FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT: SHERRI MARSDEN, Escrow Officer/Closer Phone: (503)350-5005 - Fax: (866)656-1602- Email:smarsden@firstam.com First American Title Company of Oregon 5335 SW Meadows Rd #100, Lake Oswego, OR 97035 FOR ALL QUESTIONS REGARDING THIS TITLE COMMITMENT, PLEASE CONTACT: Jenny White, Chief Title Officer Toll Free: (800)929-3651 - Direct: (503)790-7862 - Fax: (877)242-3513 - Email: jwhite@firstam.com Preliminary Title Report .� County Tax Roll Situs Address: 7420 SW Durham Road, Tigard, OR 97224 Proposed Insured Lender: TBD Proposed Borrower: Mission Homes Northwest, LLC 2006 ALTA Owners Standard Coverage Liability $ 450,000.00 Premium $ 1,250.00 2006 ALTA Owners Extended Coverage Liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 ALTA Lenders Extended Coverage Liability $ TBD Premium $ TBD Endorsement 9,22 Premium $ 100.00 Govt Service Charge Cost $ 25.00 City Lien/Service District Search Cost $ Other Cost $ We are prepared to issue Title Insurance Policy or Policies of First American Title Insurance Company, a Nebraska Corporation in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit A attached hereto. and as of June 04, 2015 at 8:00 a.m., title to the fee simple estate is vested in: Carl H. Johnson,Trustee, Family Johnson Credit Shelter Trust and Durham Property LLC, each as to an one-half of interest as tenant in common Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: This report is for the exclusive use of the parties herein shown and is preliminary to the issuance of a title insurance policy and shall become void unless a policy is issued,and the full premium paid. Preliminary Report Order No.:7000-2465751 Page 2 of 9 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claims of easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 4. Any encroachment(of existing improvements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land), encumbrance, violation,variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-5 inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company; additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following is required: i. Satisfactory evidence that no construction liens will be filed; or ii. , Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon 6. Water rights, claims to water or title to water, whether or not such rights are a matter of public record. 7. City liens, if any, of the City of Tigard. Note: There are no liens as of June 12, 2015. All outstanding utility and user fees are not liens and therefore are excluded from coverage. 8. Statutory powers and assessments of Clean Water Services. 9. The rights of the public in and to that portion of the premises herein described lying within the limits of streets, roads and highways. First American Title Preliminary Report Order No.:7000-2465751 Page 3 of 9 10. Rights of the public and of governmental bodies in and to that portion of the premises herein described lying below the high water mark of Fanno Creek. 11. Any adverse claim based upon the assertion that some portion of said land has been removed from or brought within the boundaries thereof by an avulsive movement of the Fanno Creek or has been formed by the process of accretion or reliction or has been created by artificial means or has accreted to such portion so created. 12. Easement, including terms and provisions contained therein: Recording Information: January 25, 1973 as Book 906, Page 664 In Favor of: Unified Sewerage Agency For: Sanitary sewer Affects: Northerly portion of property 13. Easement, including terms and provisions contained therein: Recording Information: February 24, 1978 as Fee No. 78008922 In Favor of: Tigard Water District For: Water pipeline Affects: The most Northeasterly 25 feet 14. Easement, including terms and provisions contained therein: Recording Information: September 11, 1996 as Fee No. 96081585 In Favor of: Washington County For: Slope 15. Easement, including terms and provisions contained therein: Recording Information: November 17, 2008 as Fee No. 2008 093292 In Favor of: AT&T Corp. and AT&T Communications - East Inc. For: Telecommunications 16. Any conveyance or encumbrance by Durham Property LLC should be executed pursuant to their , a copy of which should be submitted to this office for inspection. 17. In order to insure a transaction involving the herein named trust, we will need to be provided a Certification of Trust pursuant to ORS 130.800 through ORS 130.910. 18. Unrecorded leases or periodic tenancies, if any. - END OF EXCEPTIONS - NOTE: We find no matters of public record against Mission Homes Northwest, LLC, an Oregon limited liability company that will take priority over any trust deed, mortgage or other security instrument given to purchase the subject real property as established by ORS 18.165. NOTE: Any conveyance or encumbrance by Mission Homes Northwest, LLC, an Oregon limited liability company should be executed pursuant to their Operating Agreement, a copy of which should be submitted to this office for inspection. First American Title Preliminary Report Order No.:7000-2465751 Page 4 of 9 NOTE: We find no judgments or United States Internal Revenue liens against Durham Management LLC, an Oregon limited liability company NOTE: Any conveyance or encumbrance by Durham Management LLC, an Oregon limited liability company should be executed pursuant to their Operating Agreement, a copy of which should be submitted to this office for inspection. NOTE: Taxes for the year 2014-2015 PAID IN FULL Tax Amount: $3,072.46 Map No.: 2S113BA-00100 Property ID: R514170 Tax Code No.: 023.74 NOTE: This Preliminary Title Report does not include a search for Financing Statements filed in the Office of the Secretary of State, or in a county other than the county wherein the premises are situated, and no liability is assumed if a Financing Statement is filed in the Office of the County Clerk covering Fixtures on the premises wherein the lands are described other than by metes and bounds or under the rectangular survey system or by recorded lot and block. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: Warranty Deed recorded June 12, 2014 as Fee No. 2014 035254, Carl H. Johnson,Trustee of the Carl H. Johnson Trust to Durham Property LLC. NOTE: Washington County Ordinance No. 267, filed August 5, 1982 in Washington County, Oregon, imposes a tax of $1.00 per $1,000.00 or fraction thereof on the transfer of real property located within Washington County. Certain conveyances may be exempt from said ordinance, in which case, Washington County will require a correct and timely filing of an Affidavit of Exemption. For all deeds/conveyance documents which are recorded (including situations to meet lender requirements) either the transfer tax must be paid or affidavit acceptable to the County must be filed. THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! First American Title Preliminary Report Order No.:7000-2465751 Page 5 of 9 RECORDING INFORMATION Filing Address: Washington County 155 North 1st Avenue Hillsboro, OR 97124-3087 Recording Fees: $41.00 First Page (Comprised of: $ 5.00 per page $ 5.00 per document- Public Land Corner Preservation Fund $11.00 per document- OLIS Assessment&Taxation Fee $20.00 per document- Oregon Housing Alliance Fee) $ 5.00 E-Recording fee per document $ 5.00 for each additional page $ 5.00 for each additional document title, if applicable $20.00 Non-Standard Document fee, if applicable First American Title Preliminary Report Order No.:7000-2465751 Page 6 of 9 First American Title Insurance Company SCHEDULE OF EXCLUSIONS FROM COVERAGE ALTA LOAN POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys'fees,or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing-business laws of the state where the Land is situated, 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-lending law. 6. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 13(b)of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). ALTA OWNER'S POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs, attorneys'fees,or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (II)the character,dimensions,or location of any improvement erected on the Land; (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations,This Exclusion 1(a)does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer;or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown In Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights,claims or title to water. 4. Any encroachment(of existing improyements located on the subject land onto adjoining land or of existing improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the subject land. 5. Any lien"or right to a lien,for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished,imposed by law and not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev,7-22-08 First American Title • Preliminary Report Order No.:7000-2465751 Page 7 of 9 ,1, 1 M 11 t First American Title -�_L Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future,we may ask you to provide us with certain Information.We understand that you may be concerned about what we will do with such information-particularly any personal or financial information.We agree that you have a right to know how we will utilize the personal information you provide to us.Therefore,together with our subsidiaries we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information that you provide to us.It does not govern the manner in which we may use information we have obtained from any other source,such as information obtained from a public record or from another person or entity.First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fair Information Values. Types of Information Depending upon which of our services you are utilizing,the types of nonpublic personal information that we may collect include: • Information we receive from you on applications,forms and in other communications to us,whether in writing,in person,by telephone or any other means; • Information about your transactions with us,our affiliated companies,or others;and • Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party.Therefore,we will not release your information to nonaffiliated parties except:(1)as necessary for us to provide the product or service you have requested of us;or(2)as permitted by law.We may,however,store such information indefinitely,including the period after which any customer relationship has ceased.Such information may be used for any internal purpose,such as quality control efforts or customer analysis.We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies.Such affiliated companies include financial service providers,such as title insurers,property and casualty insurers,and trust and investment advisory companies,or companies involved in real estate services,such as appraisal companies,home warranty companies and escrow companies.Furthermore, we may also provide all the information we collect,as described above,to companies that perform marketing services on our behalf,on behalf of our affiliated companies or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer,our Privacy Policy will continue to apply to you. Confidentiality and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information.We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you.We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American's Fair Information Values,We currently maintain physical,electronic,and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. Information Obtained Through Our Web Site First American Financial Corporation Is sensitive to privacy Issues on the Internet.We believe it is important you know how we treat the information about you we receive on the Internet. In general,you can visit First American or its affiliates'Web sites on the World Wide Web without telling us who you are or revealing any information about yourself.Our Web servers collect the domain names,not the a-mall addresses,of visitors.This information is aggregated to measure the number of visits,average time spent on the site,pages viewed and similar information.First American uses this Information to measure the use of our site and to develop ideas to improve the content of our site. There are times,however,when we may need information from you,such as your name and email address.When information is needed,we will use our best efforts to let you know at the time of collection how we will use the personal information.Usually,the personal information we collect is used only by us to respond to your inquiry,process an order or allow you to access specific account/proflle information.If you choose to share any personal information with us,we will only use it in accordance with the policies outlined above. Business Relationships First American Financial Corporation's site and its affiliates'sites may contain links to other Web sites.While we try to link only to sites that share our high standards and respect for privacy,we are not responsible for the content or the privacy practices employed by other sites. Cookies Some of First American's Web sites may make use of"cookie"technology to measure site activity and to customize information to your personal tastes.A cookie is an element of data that a Web site can send to your browser,which may then store the cookie on your hard drive. FiratAm,com uses stored cookies. The goal of this technology is to better serve you when visiting our site,save you time when you are here and to provide you with a more meaningful and productive Web site experience. Fair Information Values Fairness We consider consumer expectations about their privacy in all our businesses.We only offer products and services that assure a favorable balance between consumer benefits and consumer privacy. Public Record We believe that an open public record creates significant value for society,enhances consumer choice and creates consumer opportunity.We actively support an open public record and emphasize its Importance and contribution to our economy. Use We believe we should behave responsibly when we use information about a consumer in our business.We will obey the laws governing the collection,use and dissemination of data. Accuracy We will take reasonable steps to help assure the accuracy of the data we collect,use and disseminate.Where possible,we will take reasonable steps to correct inaccurate information. When,as with the public record,we cannot correct inaccurate information,we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services,our employees and others in our industry about the importance of consumer privacy.We will instruct our employees on our fair information values and on the responsible collection and use of data.We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY(9/1/10) Page 1 of 1 Privacy Information(2001-2010 First American Financial Corporation) First American Title Preliminary Report Order No.:7000-2465751 Page 8 of 9 Exhibit"A" Real property in the County of Washington, State of Oregon, described as follows: PARCEL I: A TRACT OF LAND IN THE NORTHWEST QUARTER OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, SAID TRACT BEING DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE INTERSECTION OF THE CENTERLINE OF DURHAM ROAD (COUNTY ROAD A-130 ALSO KNOWN AS COUNTY ROAD 534)AND CENTERLINE OF FANNO CREEK, IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE COUNTY OF WASHINGTON AND STATE OF OREGON; THENCE IN THE CENTER OF SAID ROAD, SOUTH 60°08' EAST, 328 FEET, MORE OR LESS,TO THE NORTHERLY EXTENSION OF THE CENTERLINE OF COUNTY ROAD A-138 (NOW VACATED); THENCE SOUTH 6°53' WEST, 88.88 FEET ALONG THE CENTERLINE OF COUNTY ROAD A-138 (NOW VACATED)TO THE NORTH LINE OF THE OREGON ELECTRIC RAILWAY RIGHT OF WAY; THENCE FOLLOWING THE CURVE OF SAID RIGHT OF WAY,THE CHORD OF WHICH BEARS SOUTH 54°33' WEST, 202.28 FEET; THENCE SOUTH 57°05" WEST, 671.8 FEET ON THE SAID NORTH LINE OF THE RIGHT OF WAY TO A POINT ON A LINE DRAWN NORTH AND SOUTH, SAID LINE BEING PARALLEL AND 30 CHAINS EAST OF THE WEST LINE OF SECTION 13; THENCE NORTH 00°57' WEST, 348.00 FEET, MORE OR LESS, ON SAID PARALLEL LINE TO THE CENTERLINE OF FANNO CREEK; THENCE FOLLOWING THE CENTERLINE OF SAID CREEK IN ITS MEANDERINGS TO THE PLACE OF BEGINNING. TOGETHER WITH THAT PORTION AS DESCRIBED IN QUITCLAIM DEED RECORDED AUGUST 17, 2000 AS FEE NO. 2000066344. EXCEPTING THEREFROM THAT PORTION DEEDED TO WASHINGTON COUNTY IN DEDICATION DEED RECORDED SEPTEMBER 11, 1996 AS FEE NO. 96081585. PARCEL II A TRACT OF LAND LYING IN SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, WASHINGTON COUNTY, CITY OF TIGARD, OREGON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO-WIT: THAT PART OF THE FOLLOWING TRACT OF LAND LYING NORTHWESTERLY OF THE OREGON ELECTRIC RAILWAY RIGHT-OF-WAY IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON: BEGINNING AT THE INTERSECTION OF BOONE'S FERRY ROAD WITH THE BEAVERTON-AURORA HIGHWAY ALSO KNOWN AS DURHAM ROAD (COUNTY ROAD A-130 ALSO KNOWN AS COUNTY ROAD 534), FROM WHICH BEGINNING POINT, THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 2 SOUTH OF RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IS REACHED BY RUNNING NORTH 60°08' WEST 1453.4 FEET, AND THENCE NORTH 89°58' WEST 1873.4 FEET AND RUNNING FROM SAID BEGINNING POINT SOUTH 48°17'WEST 620 FEET TO AN IRON PIPE, IN THE CENTER OF SAID BOONE'S FERRY ROAD; THENCE NORTH 6°35' EAST ALONG THE CENTERLINE OF COUNTY ROAD NO. A-138 (NOW VACATED) 640.9 FEET TO THE CENTER OF SAID DURHAM ROAD; THENCE SOUTH 60°08' EAST 449.1 FEET TO THE PLACE OF BEGINNING, FROM WHICH A PIPE 1-1/4 INCHES IN DIAMETER, 40 INCHES LONG IS SET, SOUTH 84°04' WEST 51.3 FEET DISTANT. EXCEPT THAT PORTION CONVEYED IN DEDICATION DEED RECORDED SEPTEMBER 05, 1995 AS FEE NO. 95062579 FOR PUBLIC ROAD PURPOSE. First American Title Preliminary Report Order No.:7000-2465751 Page 9 of 9 NOTE: This Legal Description was created prior to January 01, 2008. First American Title U / UI Lz / r / DU C RyyM�o 0 W Zi I I ! 0 1 / I I l $ L 1 VACANT BUILDING • I I / O F2 M1 / N / U 2 rn / r %K 00 d tg I nF 1 I f. PROJECT DESCRIPTION TENANT IMPROVEMENT FOR NEW R-OFFICE,THIS IS TME FlRST TENANT TO OCCUPY THE BUILDING.NEW SECOND FLOOR, / INTERIOR PARTITION WALLS,MECHANICAL,ELECTRICAL.PLUMBING ANO A.D.A.RESiR00M5. as vJ-' cgN4o / ' I R CiQceir / / z ,/ PROJECT TEAM DRAWING INDEX o 0 -1 BUILDING 7560 SW DURHAM RD. w • // ADDRESS: TIGARD OR 97223 T-0 COVER/SITE PLAN tNiI ®® CONTRACTOR: EMMETT PHAIR CONSTRUCTION T-0.1 EGRESS PLAN / CONTACT:KYLE OSBURN EMAIL 191e0emmaHOIJir,com T-1 DIMENSION PLAN _ PHONE:(503)476-5639 / FAX:(503)399-0009 T-2 DETAILS • - - /// / CM,:57427 WA/PHAIRDC946PE ' / DESIGNER: EMMETT PHAIR CONSTRUCTION 1-3 PROPOSED PLAN CONTACT:TIARA CAtphab, T-4 REFLECTED CEILING PLAN Up EMAIL'I(541) 21-76 ab.com c AREA OF WORK F.PHONE:503)1399-0009 T-5 FINISH PLAN C • _ .073 ENGINEER: HORN CONSULTING ENGINEERS 7-6 FlNISH SCHEDULES CONTACT:DAVE HORN EMAIL dowOhomce.com T-7 ELEVATIONS ARCHITECT: DOMINEK ARCHITECTURE / T-B ELEVATIONS EXISTING �/� 1'6c) , CONTACT:GAGE DOMINO( 3ip � ��� ACCESS © EMAIL gabnOdomtnekarch.cam T-9 ELEVATIONS ]�6� �t 15 60'MIN. OWNER/ CONTACT BETSY HUIGENS1 yg TENANT: EMAIL betcyOPWca,,u1,T Plaee.eom T-10 ELEVATIONS �!1.pj 14.( EVAN G TAO T-11 ENLARGED CARPET PLANS 4p j- .13 9fi MIN.. �\� 1 iC1^c O [€ SITE PLAN KEYNOTES DEFERRED SUBMITTALS ; ,xii.142i! 1 i 0 EXISTING TRASH ENCLOSURE -MECHANICAL(MECH.COI/CHECK FORM TO BE ' 2 , / SUBMITTED WITH DEFERRED SUBMITTAL) 3 (2'.'i r /((2)EXISTING LONG TERM BIKE PARKING SPOTS -ELECTRICAL ()�10 17 -PLUMBING LLLI 8 O NEW ENTRANCE GATE S s] -FIRE SPRINKLER CO - t. W Q 0 1CITY OF TIGARD 0 © SITE PLAN E M S T R U C T I O N A I R C O N S T R U C T SHEET NO. VP SCALE:1/32"_;-o Approved b Planning 6305 SW ROSEWOOD ST.SUITE E T_0 LAKE OSWEGO OR 97035 OR CCB/57427 WA CCB/PH IRDC94.8PE Date: 8.2 O 1 WWW.emmettph0ir.com InItltils _- Summary: Increase in square footage for the new 2nd story from the previously permitted 3,250 square feet to 3,750 square feet. B) Evaluation Criteria. 1) An increase in dwelling unity density, or lot coverage for residential development RESPONSE: n/a 2)A change in the ratio or number of different types of dwelling units RESPONSE: n/a 3) A change that requires additional on-site parking in compliance with Chapter 18.310, Off-Street Parking and Loading RESPONSE: n/a 4) A change in the type of commercial or industrial structures as defined by the state building code RESPONSE: n/a 5) An increase in the height of the building(s) by more than 20 percent RESPONSE: n/a 6) A change in the type and location of accessways and parking areas where off-site traffic would be affected RESPONSE: n/a 7) An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day RESPONSE: n/a 8) An increase in the floor area proposed for nonresidential use by more than 10 percent excluding expansions under 5,000 square feet RESPONSE: n/a 9) A reduction in the area reserved for common open space and/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 RESPONSE: n/a 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- RESPONSE: n/a b. Screening- RESPONSE: n/a c. Landscaping provisions- RESPONSE: n/a 11) A modification to the conditions imposed at the time of site development review approval that are not the subject of paragraphs 1 through 10 of this subsection RESPONSE: n/a