The URL can be used to link to this page

MMD2019-00015 NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2019-00015 1111 FIELDS MIXED-USE DEVELOPMENT T I GARD 120 DAYS = September 16, 2019 SECTION I. APPLICATION SUMMARY FILE NAME: Fields Mixed-Use Development CASE NO.: Minor Modification(MMD) MMD2019-00015 PROPOSAL: The applicant is proposing to revise Conditions of Approval 34, 35, and 37 of Casefile #PDR2017-00004 to allow earlier recording of the final partition plat. APPLICANT/ DBG Properties LLC OWNER: 2164 SW Park Place Portland, OR 97205 LOCATION: 7670 SW Hunziker Road;WCTM 2S10100,Tax Lot 01600 ZONING DESIGNATION: MUE: Mixed-Use Employment zone. The MUE zone is designed to accommodate a wide range of uses including major retail goods and services, business and professional offices, civic uses,and apartments APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.765.060.D 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. SECTION III. BACKGROUND INFORMATION Site Information: The Tigard Planning Commission approved the Planned Development Concept Plan at its August 14, 2017,public hearing (PDR2017-00001)with six conditions of approval.The Commission also approved PDR2017-00004 for Planned Development Detailed Development Plan, Minor Land Partition, and Sensitive Lands Review(for slopes greater than 25 percent).The land partition application will create two development parcels for multifamily residential and employment development.The application is for site MMD2019-00015 Fields Planned Development Minor Modification 1 and vertical development on Parcel 1 which includes approximately 264 multifamily residential units in five buildings and a clubhouse, and site development on Parcel 2 to prepare it for future vertical development for employment uses.The decision approved the residential development and infrastructure to support both the residential and employment developments. The applicant is proposing to amend Conditions of Approval 34, 35, and 37 of Casefile #PDR2017- 00004 to allow earlier recording of the final partition plat. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.765 Modifications: 18.765.060 Minor Modifications A. Definition.A minor modification has the following characteristics: 1. It has minimal impacts on surrounding properties,sensitive lands,or public facilities;and The proposed modification is to change the timing for the completion of required public facilities improvements from prior to final plat approval to prior to final Engineering inspection to allow for earlier recording of the partition plat. The proposed modification would not have any impact on surrounding properties,sensitive lands,or public facilities. 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved. The proposed modification changes the timing of completion of required public facilities improvements and does not cause the development to go out of conformance with any applicable development standard. D. Approval criteria. The approval authority will approve or approve with conditions a minor modification application when all of the following criteria are met: 1. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060.A; As defined in CDC 18.765.060.A, above, this proposal qualifies as a minor modification. This criterion is met. 2. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: a. The condition cannot be implemented for reasons outside the control of the applicant or property owner; b. The condition is no longer needed or warranted because circumstances have changed; or c. A new or modified condition better accomplishes the purpose of the original condition. The proposal involves the modification of three conditions of approval, therefore, at least one of a-c must be met. The applicant proposes to modify conditions of approval that accomplish the purposes of the original conditions only with different timing to facilitate the earlier recording of the plat.The applicant states that the effect of the modification of conditions is to allow development of the affordable apartment buildings (Parcel 1) to advance and for earlier development of the employment site (Parcel 2),which allows the applicant and the city to sooner meet the employment goals stipulated in the original zone change MMD2019-00015 Fields Planned Development Minor Modification 2 condition and Condition of Approval 32 of the subject application,which better accomplishes the purpose of the original condition. Criterion 2.c is met. CONCLUSION: This proposal qualifies as a minor modification to an existing development, as defined in CDC 18.765.060.A,complies with all applicable standards of this Title, and better accomplishes the purpose of the original condition. Therefore, the proposed modification can be approved. 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 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 24, 2019, AND BECOMES EFFECTIVE ON JUNE 25, 2019. Questions: If you have any questions,please contact Gary Pagenstecher at (503) 718-2434 or(3arTP@tigard-or. cry. • 71- 7,8-e-ele June 24,2019 APPROVED BY: Gary Pagenstecher, Project Planner Community Development Director's Designee MMD2019-00015 Fields Planned Development Minor Modification 3 Case#: , I ini 2O/9- / City ofTigard RECEIVED ligq COMMUNITY DEVELOPMEl I,I]Ee' MENT Master Land UseyA- - cation LAND USE APPLICATION TYPE ( 1 Accessory Dwelling Unit(ADU) 1F-' Modification: V Type I ( 1 Type II n Adjustment ( 1 Planned Development: n Annexation ❑ Consolidated Plan ( ) Comprehensive Plan Map Amendment ❑ Concept Plan ❑ Conditional Use Detailed Plan (_J Downtown Design Review: ( 1 Sensitive Lands Review: ❑ Track 1 n1 Track 2 ❑ Track 3 n Type I )-1 Type II ❑ Type III ❑ Home Occupation—Type II Li Site Development Review: ❑ Type I n Type II ( 1 Land Partition ( 1 Subdivision ❑ Lot Line Adjustment/Lot Consolidation Li Temporary Use Permit n Marijuana Facility Permit O Urban Forestry Plan: ( ) Miscellaneous: Li Modification IJ Discretionary Review ❑ Type II ❑ Type III n Zoning Map Amendment PROJECT INFORMATION Project name: Fields Mixed-Use Development Brief description of project: Submission of a Type I Modification Application to revise COA 34 of the Fields Apartment Project to tie final plat recording to final inspection by Engineering rather than completion of public facility improvements. SITE INFORMATION Location (address if available): 7670 SW Hunziker Tax map and tax lot number(s): 2S1010001600 Site size: 24.18 Zone: MU (PD) APPLICANT INFORMATION Name: DBG Properties LLC Mailing address: 2164 SW Park Place City/State: Portland, OR Zip: 97205 Phone: Email: Applicant's representative: Li Alligood, AICP Phone: 503.415.2384 Email: li.alligood@otak.com City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION Vi Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application, please contact the planner on duty at 503-718-2421 or tigardplanneronduty a,tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard Community Development Code. To the best of my knowledge, all the information provided within this application package is complete and accurate. --.�� Walter Grodahl 5/14/19 Applicant's signature* Print name Date Walter Grodahl 5/14/19 Property owner's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. �} STAFF USE ONLY Case No.: ASM� 2 aI 7~C� /application fee: = - Received by: Date: Related Case(s): ,1 ©T " " Aced complete by: Date: City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 oft CITY OF TIGARD RECEIPT i 13125 SW Hall Blvd.,Tigard OR 97223 - 503.639.4171 Trt;AhI) Project Name: Fields Mixed-Use Development Site Address: 7670 SW HUNZIKER RD Receipt Number: 423547 - 05/16/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2019-00015 Minor Modification-Type I 100-0000-43116 $325.00 Total: $325.00 PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 000022 LSMITH 05/16/2019 $325.00 Payor: FIELDS APARTMENTS LP Total Payments: $325.00 Balance Due: $0.00 Page 1 of 1 1111. Fields Planned Development - Minor Modification Tigard, OR Request for Type I Modification RECENEQ MA,( 6 2019 cm( OF 11GARERING PLANNINGiENGINE Prepared for: Prepared By: Fields Apartments Limited Partnership Otak, Inc. 2164 SW Park Place 808 SW Third Avenue, Suite 300 Portland, OR 97205 Portland, OR 97204 May 16, 2019 Project No. 17052 Otak IY REQUESTS Type I Modification approval is requested to modify conditions of approval for the Fields Planned Development (Casefile#PDR2017-00004)to allow earlier recording of the final partition plat. SITE INFORMATION SUBJECT TL: 2S1010001600 PROPERTY: SITE AREA: 24.18 acres COMPREHENSIVE PLAN Mixed-Use Employment DESIGNATION: ZONING DESIGNATION: Mixed-Use Employment APPLICANT/PROPERTY OWNER APPLICANT/OWNER: Fields Apartments Limited Partnership 2164 SW Park Place Portland, OR 97205 PROJECT DEVELOPMENT TEAM APPLICANT'S Otak, Inc. REPRESENTATIVE: 808 SW Third Avenue, Suite 300 Portland, OR 97204 Contact: Li Alligood, AICP 503.415.2384 Ii.alligood@otak.com Fields Mixed-Use Development—Type I Modification L:IProject1170001170521Planning12019-05-09 Type I Modification Application117052-Type I Mod Narrative.docx Otak TABLE OF CONTENTS Page I. Requests 3 II. Project Description 3 Ill. Compliance with Tigard Development Code Chapter 18.710 Land Use Review Procedures 4 Ill. Compliance with Tigard Development Code Chapter 18.765 Modifications 4 IV. Conclusion 6 Appendices Appendix A—Approved Preliminary Plat Fields Mixed-Use Development—Type I Modification L:IProject1170001170521Planning12019-05-09 Type 1 Modification Application117052-Type 1 Mod Narrative.docx Otak ri r I. Requests Type I Modification approval is requested to modify conditions of approval for the Fields Planned Development(Casefile#PDR2017-00004)to allow earlier recording of the final partition plat. II. Project Description Type I Modification approval is requested for Fields Planned Development to revise Conditions of Approval 34, 35, and 37 of Casefile#PDR2017-00004 so that final plat approval is subject to final inspection by Engineering, rather than completion of public facility improvements. Proposed revisions have been identified in underline and str�;n. Existing Conditions of Approval: THE FOLLOWING CONDITIONS SHALL BE SATISFIED PRIOR TO FINAL PLAT APPROVAL 34. Prior to final plat approval, all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be completed. The Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 35. Prior to final plat approval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. 1...] 37. Prior to final plat approval, the Applicant's Engineer shall submit a Final Sight Distance Certification for the access driveways on SW Hunziker Road and SW Wall Street. Requested Revisions: THE FOLLOWING CONDITIONS SHALL BE SATIFIED PRIOR TO FINAL INSPECTION PLAT APPROVAL: 34. Prior to final inspection pla oval,all improvements associated with public infrastructures including but not limited to street improvement under the City of Tigard jurisdiction shall be completed. The Applicant shall obtain conditional acceptance from the City, and provide a one-year maintenance assurance for said improvements. 35. Prior to final inspection prroval, all public utility facilities including but not limited to storm drainage, water quality and quantity, sanitary sewer, water, gas, electrical, communication, and wireless shall be completed. 1...1 37. Prior to final inspection-plat appFeva/,the Applicant's Engineer shall submit a Final Sight Distance Certification for the access driveways on SW Hunziker Road and SW Wall Street. Fields Mixed-Use Development—Type I Modification 3 L:IProject1170001170521Planning12019-05-09 Type I Modification Application117052-Type I Mod Narrative.docx Otak Ill. Compliance with Tigard Development Code Chapter 18.710 Land Use Review Procedures 18.710.030 General Provisions C.Application Submittal 3. The application must include, at a minimum, the following items. The Director may waive items listed if they are not applicable to the proposed application. Response: City staff have indicated that the following items are required for this application. a. Application form, including signature of the property owner or public agency initiating the application. Response: An application form, including signatures from the property owners, has been included as a part of this application. b. Deed, title report, or other proof of ownership Response: A title report has been included as a part of this application. d. Narrative that demonstrates how the proposal meets all applicable approval criteria, regulations, and development standards. Response: This narrative serves to demonstrate how the proposal meets all applicable approval criteria, regulations, and development standards identified as relevant by City staff. e. Site plans, landscape plans, grading plans, elevation drawings,preliminary plat, final plat, or similar to scale. Response: The approved preliminary plat has been included with this submittal (Appendix A). Ill. Compliance with Tigard Development Code Chapter 18.765 Modifications 18.765.20 Applicability A. This chapter applies to all proposals to modify an existing or proposed use, structure, site improvement, or condition of approval—for existing developments or land use approvals—when initially approved through one of the land use applications listed below: 1. Conditional uses, 2. Planned developments, 3. Site development reviews, or 4. Subdivisions and land partitions Response: The Planned Development application seeking Type I Modification approval was initially approved through a Planned Development land use application and is therefore subject to Chapter 18.765 Modifications. Fields Mixed-Use Development—Type I Modification 4 L:IProject1170001170521Planning12019-05-09 Type I Modification Application117052-Type I Mod Narrative.docx Otak B. This chapter also applies to all proposals to modify an existing development that was not subject to city approval when developed but would be subject to city approval, through one of the land use applications listed in Paragraph 18.765.020.A.1 through 4, if proposed for development under current city regulations. Response: The proposed Type I Modification was subject to City approval during the original Planned Development approval.This criterion does not apply. C. This chapter does not apply to proposals to modify a condition of approval where the modification is subject to the provisions of Paragraph 18.20.040.E.4. Response: The application is not requesting a Director's Determination, therefore Paragraph 18.20.040.E.4 is not applicable. D. This chapter does not apply to proposals to modify an urban forestry plan where the modification is subject to the provisions of Subsection 18.420.060.F. (Ord. 18-28§1) Response: There is not an urban forestry plan as a part of this proposed Type I modification. 18.765.20.D is not applicable. 18.765.050 Allowed Modifications A. Definition.An allowed modification has the following characteristics: 1. It has negligible impacts on surrounding properties, sensitive lands, or public facilities; Response: The proposed Type I modification affects the timeline of the final plat recording only and has no impacts on surrounding properties, sensitive lands, or public facilities. 2. It does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming, except where an adjustment has been approved;and Response: The proposed Type I modification affects the timeline of the final plat recording only and does not cause the Planned Development to go out of conformance with any applicable standard established by the City. 3. It does not alter or contravene any condition of approval. Response: This submittal requests alteration of a condition of approval and is subject to the provisions of 18.765.060 Minor Modifications. 18.765.060 Minor Modifications D. Approval criteria. The approval authority will approve or approve with conditions a minor modification application when all of the following criteria are met: 1. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060.A; Response: The proposed modification qualifies as a minor modification as defined in 18.765.060.A. The proposed modification has minimal impacts on surrounding properties, Fields Mixed-Use Development—Type I Modification 5 L:IProject1170001170521Planning12019-05-09 Type I Modification Application117052-Type I Mod Narrative.docx Otak sensitive lands, or public facilities and does not cause the development to go out of conformance with any applicable standard. The tying of the final plat recording to final inspection by Engineering, rather than completion of public facility improvements, has been identified by City staff as a Type I minor modification. 2. If the proposal involves the modification of a condition of approval, at least one of the following criteria is met: a. The condition cannot be implemented for reasons outside the control of the applicant or property owner; b. The condition is no longer needed or warranted because circumstances have changed;or c. A new or modified condition better accomplishes the purpose of the original condition. (Ord. 18-28§1) Response: The modified conditions of approval are related to the timing of the completion of public site improvements and utilities. Modifying the conditions of approval to require satisfaction prior to final inspection will shift the timing of the final plat approval to an earlier phase of the process. By revising the conditions of approval to allow recording of the final plat prior to completion of public infrastructure and utilities, the construction of the affordable apartment buildings can advance. In addition, finalizing the partition allows for earlier development of the employment site (Parcel 2)and allows the applicant and City to sooner meet the employment goals detailed in the original zone change condition and in Condition of Approval 32. The criterion is met through 2.c. IV. Conclusion The request for approval of Fields Planned Development Type I Modification has been shown to be consistent with the applicable standards of Tigard Development Code Chapter 18.710 and 18.765. The applicant respectfully requests approval of the application. Fields Mixed-Use Development—Type I Modification 6 L:IProject1170001170521Planningl2019-05-09 Type I Modification Application117052-Type I Mod Narrative.docx Otak City of Tigard Case #: • ° COMMUNITY DEVELOPMENT DEPARTMENT • TIGARD Master Land Use Application LAND USE APPLICATION TYPE Li Accessory Dwelling Unit(ADU) Modification: Type I ❑ Type II ❑ Adjustment n Planned Development: ❑ Annexation Consolidated Plan ❑ Comprehensive Plan Map Amendment Concept Plan ❑ Conditional Use i-i Detailed Plan ❑ Downtown Design Review: I 1 Sensitive Lands Review: Li Track 1 ❑ Track 2 ED Track 3 r--1 Type I 7 Type II ❑ Type III ❑ Home Occupation—Type II El Site Development Review: ALJ Type I _D Type II 0 Land Partition ❑ Subdivision ❑ Lot Line Adjustment/Lot Consolidation ❑ Temporary Use Permit ❑ Marijuana Facility Permit O Urban Forestry Plan: ❑ Miscellaneous: Modification Discretionary Review Type II Type III ❑ Zoning Map Amendment PROJECT INFORMATION Project name: Fields Mixed-Use Development Brief description of project: Submission of a Type I Modification Application to revise COA 34 of the Fields Apartment Project to tie final plat recording to final inspection by Engineering rather than completion of public facility improvements. SITE INFORMATION Location (address if available): 7670 SW Hunziker Tax map and tax lot number(s): 2S1010001600 Site size: 24.18 Zone: MU (PD) APPLICANT INFORMATION Name: DBG Properties LLC Mailing address: 2164 SW Park Place City/State: Portland, OR zip: 97205 Phone: Email: Applicant's representative: Li Alligood, AICP Phone: 503.415.2384 Email: li.alligood@otak.com City ofTigard • 13125 SW Mall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION 0 Same as applicant (Attach list for additional owners) Name: Mailing address: City/State: Zip: Phone: Email: SUBMITTAL REQUIREMENTS In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of Tigard's Community Development Code. If you are unsure what is required with your application, please contact the planner on duty at 503-718-2421 or tigardplanneronduty@tigard-or.gov. I certify that I am the property owner or I am eligible to initiate this application, as provided in the Tigard Community Development Code. To the best of my knowledge, all the information provided within this application package is complete and accurate. Walter Grodahl 5/14/19 Applicant's signature* Print name Date Walter Grodah1 5/14/19 Property owner's signature* Print name Date Property owner's signature* Print name Date *The owner must sign this application or submit a separate written authorization when the owner and applicant are different people. STAFF Ii SE ONLY Case No.: Application fee: Received by: Date: Related Case(s): Determined complete by: Date: City ofTigard • 13125 SW Hall Blvd. • Tigard, Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2 oft 25 NW 23rd Place Suite 1 /Commercial Dept Portland,OR 97210 WFG National Title Insurance Company a Williston Financial Group company Phone(503)219-9088 Fax(503)477-6476 WFG National Title Insurance Company Trevor Cheyne 25 NW 23rd Place Suite 1 /Commercial Dept Portland, OR 97210 Date Prepared: October 19, 2018 SECOND SUPPLEMENTAL PRELIMINARY TITLE REPORT Order Number: 18-195511 Escrow Officer: Trevor Cheyne Phone: (503)444-7047 Fax: (503)296-5869 Email: tcheyne@wfgnationaltitle.com Seller(s): DBG Properties LLC, a New Mexico limited liability company Buyer(s): Fields Apartments Limited Partnership, an Oregon limited partnership Property: 7670-7890 SW Hunziker Street,Tigard, OR 97223 The following items have been amended: Change Sales price to match First Loan Amount-show taxes 2018-2019 and update city lien search and add 245-06 endorsement and add Access Easement Agreement Stewart Title Guaranty Company, is prepared to issue a title insurance policy, as of the effective date and in the form and amount shown on Schedule A, subject to the conditions, stipulations and exclusions from coverage appearing in the policy form and subject to the exceptions shown on Schedule B. This Report (and any Amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The Report shall become null and void unless a policy is issued and the full premium paid. This report is for the exclusive use of the person to whom it is addressed. Title insurance is conditioned on recordation of satisfactory instruments that establish the interests of the parties to be insured; until such recordation, the Company may cancel or revise this report for any reason. Page 1 of 14 Order No. 18-195511 Preliminary Title Report SCHEDULE A 1. The effective date of this preliminary title report is 8:00 A.M. on 15th day of October, 2018 2. The policies and endorsements to be insured and the related charges are: Policy/Endorsement Description Liability Char e ALTA 2006 EXT. Owners Policy $35,866,229.00 $57,192.00 Short Term Rate $48,288.00 OTIRO 215.1 (0) $4829.00 OTIRO 203.2 (0) $1000.00 OTIRO 209.8 $1500.00 OTIRO 217 (0) $125.00 OTIRO 218 (0) $50.00 OTIRO 219.1 (0) $150.00 OTIRO 225 (0) $100.00 OTIRO 228 No Encroachment(0) $100.00 OTIRO 66 (0) $50.00 OTIRO 208.2 (0) $1000.00 Proposed Insured: Fields Apartments Limited Partnership, an Oregon limited partnership Policy/Endorsement Description Liability Charge ALTA 2006 Ext. Loan Policy $35,866,229.00 $14,844.00 Short Term Rate $11,404.00 OTIRO 203.2 (L) $1000.00 OTIRO 206 $50.00 OTIRO 209.7 $250.00 OTIRO 214 $50.00 OTIRO 217 (L) $125.00 OTIRO 218 (L) $50.00 OTIRO 217.2 (L) $125.00 OTIRO 225 (L) $100.00 OTIRO 70 $1140.00 OTIRO 85 (L) $50.00 OTIRO 239 Non 1-4 Family Res. (L) $50.00 OTIRO 245 $250.00 OTIRO 64 Ext. $50.00 OTIRO 66 (L) $50.00 OTIRO 209.6.1 $100.00 Proposed Insured: KeyBank National Association, a national banking association, and U.S. Bank National Association, a national banking association,their successors and/or assigns as their interest may appear Policy/Endorsement Description Liability Charge ALTA 2006 Ext. Loan Policy $9,800,000.00 $11,312.00 Loan Premium $10,212.00 Short Term RateOTIRO 208.2 (L) $1000.00 OTIRO 209.10 and 222 Commercial $100.00 Proposed Insured: Oregon Housing and Community Service Government Service Fee: $50.00 This is a preliminary billing only,a consolidated statement of charges, credits and advances, if any, in connection with this order will be provided at closing. Page 2 of 14 Order No. 18-195511 3. Title to the land described herein is vested in: DBG Properties LLC, a New Mexico limited liability company 4. The estate or interest in land is: Fee Simple 5. The land referred to in this report is descried as follows: SEE ATTACHED EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF Page 3 of 14 Order No. 18-195511 EXHIBIT "A" LEGAL DESCRIPTION A tract of land created pursuant to Property Line Adjustment Deeds recorded August 13, 2015, Recording No. 2015-068817 and Recording No. 2015-068818 and pursuant to Property Line Adjustment Consolidation Deed recorded August 12, 2015, Recording No. 2015-068821, located in the Northwest one-quarter and the Southwest one-quarter of Section 1, Township 2 south, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and being more particularly described as follows: Beginning at the most Westerly Southwest corner of Lot 1 of"TECH CENTER BUSINESS PARK," recorded in Book 53, page 29 of Washington County Plat Records, said point also being on the Northeasterly right-of-way line of the Southern Pacific Railroad and being the most Southerly corner of that property described as Parcel V in the Deed to Fred W. Fields as Trustee of The Fred W. Fields Revocable Living Trust, recorded May 5, 2010 as Document Number 2010-033975, Washington County Deed Records; thence along said Northeasterly right-of-way line, North 40°30'02"West 1113.59 feet; thence leaving said Northeasterly right-of-way line, North 30°58'44" East 1856.65 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying, Inc." located on the Southerly right-of-way line of S.W. Hunziker Street(30.00 feet Southerly from the centerline thereof, when measured at right angles); thence along said Southerly right-of-way line, South 70°26'55" East 180.78 feet to a point of curvature in said Southerly right-of-way line; thence 35.88 feet along a tangent curve to the left with a radius of 230.00 feet, a delta angle of 8°56'13", and a long chord bearing South 74°55'02" East 35.84 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying, Inc." located at the Northeast corner of that property described as Parcel II in that Deed to Fred W. Fields and H. Suzanne Fields recorded May 1, 2006 as Document Number 2006-051473, Washington County Deed Records; thence along the Easterly line of said Parcel II and continuing along the Easterly line of Parcel I of said Document Number 2006-051473, South 02°20'06"West 626.05 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying, Inc." located at the Southeast corner of said Parcel I; thence along the South line of said Parcel I; North 87°54'56"West 330.38 feet to a 3/4 inch iron pipe located at the Northwest corner of Lot 9, "ROLLING HILLS", recorded in Book 18, page 43, Washington County Plat Records; thence along the Westerly line of said Lot 9 and the Southerly extension thereof, South 02°39'23"West 168.78 feet to a 5/8 inch iron rod at the Northwest corner of Lot 10 of said "ROLLING HILLS"; thence along the West lines of Lots 10 through 13 of said "ROLLING HILLS", South 02°47'56"West 502.23 feet to a 3/4 inch iron pipe located at the Southwest corner of said Lot 13, said point also being the Northwest corner of"ROLLING HILLS- PLAT 2", recorded in Book 21, page 46, Washington County Plat Records; thence along the West lines of the land described in the Quitclaim Deeds recorded October 17, 2018 as Document Numbers 2018-071217, 2018-071218, 2018-071219, 2018-071220, and 2018-071221, all of Washington County Records, said West lines also being the West line of said "ROLLING HILLS -PLAT 2", South 03°04'07"West 577.96 feet to an angle point in the boundary of said"ROLLING HILLS- PLAT 2"; thence along the Southwest line of said "ROLLING HILLS- PLAT 2", South 40°30'53" East 6.40 feet to the Northwest corner of said "TECH CENTER BUSINESS PARK"; thence along the West line of said "TECH CENTER BUSINESS PARK", South 02°34'19'West 503.53 feet to the point of beginning. Page 4 of 14 Order No. 18-195511 SCHEDULE B GENERAL 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 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. SPECIAL EXCEPTIONS 6. Easement, including the terms and provisions thereof: For : Electric lines, telephone lines, together with poles,wires, guys, facilities and appurtenances and the right to clear danger trees Granted to : Portland General Electric Company, a corporation of Oregon Recorded : June 14, 1957 Recording No(s) : (book)395 (page) 58 Affects : the Southwesterly portion of premises-see document for deals 7. Easement, including the terms and provisions thereof: For : Slope purposes Granted to : the City of Tigard, a municipality of the State of Oregon Recorded : November 8, 1975 Recording No(s) : (book) 1054 (page)608 Affects : 10 feet adjacent to Hunziker Street 8. The terms and provisions of Cross-Easements Agreement, including covenants to share in costs: Recorded : February 21, 2007 Recording No. : 2007-019321 As amended or modified by Easement Agreement: Recorded : February 21, 2007 Recording No. : 2007-019322 9. Declaration of Development Buffer, including terms and provisions thereof: Recorded : November 4, 2015 Recording No. : 2015-092676 10. INTENTIONALLY DELETED Page 5 of 14 Order No. 18-195511 11. Easement and Maintenance Agreement, including the terms and provisions thereof: For : Slope Easement and Temporary Construction Easement Between : David M. Munro, Trustee of the Fred W. Fields Revocable Living Trust And : TC/EIL Tigard, LLC, a Delaware limited liability company Recorded : July 31, 2017 Recording No(s) : 2017-060597 Affects Slope easement and temporary construction easement affects the Westerly lot line, variable in width -see document for actual location 12. Matters as disclosed by Survey by Michael D. Spelts of Otak, Inc. dated June 8, 2018, Job No. 17052.001.006: A) : Wood fence encroaches across Northerly portion of East line by 7.1 feet; B) : Overhead wires encroach across Northerly portion of the East line by 17 feet and continuing Southerly variable in width; C) : Concrete encroaches across the South line; D) : Asphalt pavement encroaches across Northerly portion of the East line 14.4 feet West of our East line; E) : Utility poles and associated facilities encroach into Northerly portion along the East line; 13. Access Easement Agreement, including the terms and provisions thereof: For : Access to garden shed encroachment and yard area around shed From : DBG Properties LLC Granted to : Kenneth D. Mayer and Janice K. Mayer Recorded : October 19, 2018 Recording No(s) : 2018-071997 Affects : a portion of our premises lying West of Lot 31, Rolling Hills Plat No. 2 14. Unpaid Taxes for 2018-2019: Levied Amount : $63,423.07, plus interest and fees, if any Property ID No. : R458980 Levy Code : 023.74 Map Tax Lot No. : 2S11-01600 15. City liens, if any, of the City of Tigard. We find none as of October 19, 2018. 16. INTENTIONALLY DELETED 17. The requirement that a copy of the Operating Agreement of DBG Properties LLC, a New Mexico limited liability company, be submitted to us for examination.Any conveyance or encumbrance by said Company should be executed in accordance with the Operating Agreement of said Company. 18. The legal description contained in the Preliminary Title Report may cover more property than is intended for this transaction. We will require a surveyor's legal description covering the specific property. A sale or conveyance of said parcel may be in violation of the partition statues. 19. Any unrecorded leases or rights of tenants in possession. 20. Any, liens, 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. 21. Discrepancies, conflicts in boundary lines, shortage in area, encroachments or any other facts which a correct survey would disclose. 22. This Commitment is subject to approval by personnel of WFG National Title Insurance Company and any additional limitations, requirements or exceptions made by WFG National Title Insurance Company. Page 6 of 14 Order No. 18-195511 • 23. We are informed that the proposed owner's policy is to be an ALTA Extended Form. Prior to issuing the policy in such form without including the 5 standard pre-printed exceptions contained herein,we will require the following which may result in additional exceptions to the title policy: (a)Current ALTA/ACSM survey(ALTA/NSPS 10/9/2017) need currect prior to closing (b) Inquires to be made by the surveyor with area utility companies and governmental agencies as to easement rights. (No locator service appears to have been on site) (c)A physical inspection of the herein described premises to be made by WFG National Title Insurance Company. (d)An Indemnity Agreement executed by the owners regarding any matters which do not appear as exceptions on this Preliminary Report which the owner has actual knowledge of, including but not limited to, negotiable instruments, taxes and assessments, debts and liens, including statutory liens for labor or materials, including liens for contributions due to the State of Oregon for unemployment compensation and for workmen's compensations and regarding parties in possession or claiming to be in possession, other than the vestees shown herein and unrecorded leaseholds, and security interest in trade fixtures, personal property or unattached improvements. LINKS FOR ADDITIONAL SUPPORTING DOCUMENTS: Assessor's map Taxes Vested Deed Deed 2015-068817 ref in legal Deed 2015-06818 ref in legal Deed 2015-068821 ref in legal Plat Map Tech Center Business Park ref in legal Deed 2010-033975 ref in legal Deed 2006-051473 ref in legal Survey 32010 ref in legal QCD ref in legal 2018-071217 QCD ref in legal 2018-071218 QCD ref in legal 2018-071219 QCD ref in legal 2018-071220 QCD ref in legal 2018-071221 END OF EXCEPTIONS NOTE:We find NO judgments or Federal Tax Liens against the name(s)of DBG Fields Apartments LLC, general partner of Fields Apartments Limited Partnership. NOTE: In no event shall WFG National Title Insurance Company have any liability for the tax assessor's imposition of any additional assessments for omitted taxes unless such taxes have been added to the tax roll and constitute liens on the property as of the date of closing. Otherwise, such omitted taxes shall be the sole,joint and several responsibility of seller(s)and buyer(s), as they may determine between themselves. NOTE: No search has been made for Financing Statements filed in the office of the Secretary of State. Exception may be taken to such matters as may be shown thereby. No liability is assumed if a Financing Statement is filed in the office of the County Recorder covering timber, crops,fixtures or contracts 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: The Oregon Corporation Commission disclosed that DBG Properties LLC, is an active Foreign (New Mexico) limited liability company,filed to do business in Oregon: Filed : August 30, 2012 Member : Walter O. Grodahl III Registered Agent Harry Hormon Page 7 of 14 Order No. 18-195511 Active in New Mexico Business ID#4586328. NOTE: The Oregon Corporation Commission disclosed that Fields Apartments Limited Partnership, is an active Oregon limited partnership: Filed : October 28, 2016 General Partner : HAWC Fields Apartments LLC General Partner : DBG Fields Apartments LLC Registered Agent : Walter O. Grodahl III NOTE: The proposed transaction should be made pursuant to the terms of the Fields Apartments Limited Partnership Agreement the buyer herein. We require,for title insurance purposes, that a copy of the Limited Partnership Agreement, and amendments thereto, of be submitted to us and such other exceptions as may appear necessary upon our examination. NOTE: The requirement that a copy of the Operating Agreement of DBG Fields Apartments LLC and HAWC Fields Apartments LLC, an Oregon limited liability company be submitted to us for examination.Any conveyance or encumbrance by said Company should be executed in accordance with the Operating Agreement of said Company. (Affects the general partners of Fields Apartments Limited Partnership.) NOTE: The Oregon Corporation Commission disclosed that DBG Fields Apartments LLC, is an active Oregon limited liability company: Filed : October 28, 2016 Member : Walter O. Grodahl Registered Agent : Walter O. Grodahl III (Affects the General Partner of Fields Apartments Limited Partnership) NOTE:The Oregon Corporation Commission disclosed that HAWC Fields Apartments LLC, is an active Oregon limited liability company: Filed : April 13, 2018 Manager : Housing Authority of Washington County Registered Agent : Komi P. Kalevor (Affects the General Partner of Fields Apartments Limited Partnership) NOTE: The following is incorporated herein for information purposes only and is not part of the exception from coverage(Schedule B-II of the prelim and Schedule B of the policy):The following instrument(s), affecting said property, is (are)the last instrument(s)conveying subject property filed for record within 24 months of the effective date of this preliminary title report: Special Warranty Deed Grantee(s): DBG Properties, LLC, a New Mexico limited liabilty company Grantor(s): David M. Munro, as Successor Trustee of the Fred W. Fields Revocable Living Trust Agreement dated February 17, 2009 Recorded Date: July 3, 2018 Recording No: (instrument)2018-045976, of Official Records COMMENTS: 2018-045976 NOTE: The following applicable recording fees will be charged by the county: Multnomah County-First Page $82.00 Washington County-First Page $81.00 Clackamas County-First Page $93.00 Each Additional Page $ 5.00 Non-standard Document Fee $20.00 E-recording Fee $ 3.00 Page 8 of 14 Order No. 18-195511 Washington County Ordinance No. 193, recorded May 13, 1977 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. NOTE: IMPORTANT INFORMATION REGARDING PROPERTY TAX PAYMENTS Fiscal Year: July 1st through June 30th Taxes become a lien on real property, but are not yet payable. July 1st Taxes become certified and payable (approximately on this date) October 15th First one third payment of taxes are due November 15th Second one third payment of taxes are due February 15th Final payment of taxes are due May 15th Discounts: If two thirds are paid by November 15th, a 2% discount will apply. If the full amount of the taxes are paid by November 15th, a 3% discount will apply. Interest: Interest accrues as of the 15th of each month based on any amount that is unpaid by the due date. No interest is charged if the minimum amount is paid according to the above mentioned payment schedule. NOTE: THE FOLLOWING NOTICE IS REQUIRED BY STATE LAW: YOU WILL BE REVIEWING, APPROVING AND SIGNING IMPORTANT DOCUMENTS AT CLOSING. LEGAL CONSEQUENCES FOLLOW FROM THE SELECTION AND USE OF THESE DOCUMENTS. YOU MAY CONSULT AN ATTORNEY ABOUT THESE DOCUMENTS. YOU SHOULD CONSULT AN ATTORNEY IF YOU HAVE QUESTIONS OR CONCERNS ABOUT THE TRANSACTION OR ABOUT THESE DOCUMENTS. IF YOU WISH TO REVIEW TRANSACTION DOCUMENTS THAT YOU HAVE NOT SEEN, CONTACT THE ESCROW AGENT. End of Report Your Escrow Officer Trevor Cheyne WFG National Title Insurance Company 25 NW 23rd Place Suite 1 /Commercial Dept Portland, OR 97210 Phone: (503)444-7047 Fax: (503)296-5869 Email: tcheyne@wfgnationaltitle.com Your Title Officer Diane Brokke WFG National Title Insurance Company 12909 SW 68th Pkwy., Suite 350 Portland, OR 97223 Phone: (503)431-8504 Fax: (503)684-2978 Email: dbrokke©wfgnationaltitle.com Page 9 of 14 Order No. 18-195511 WFGG National Title Insurance Company a Williston Financial Group company WFG National Title Insurance Company is prepared to issue, as of the date specified in the attached Preliminary Title Report (the Report), a policy or policies of title insurance as listed in the Report and describing the land and the estate or interest set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as a General or Specific Exception or not excluded from coverage pursuant to the printed Exclusions and Conditions of the policy form(s). The printed General Exceptions and Exclusions from the coverage of the policy or policies are listed in Exhibit One to the Report. In addition, the forms of the policy or policies to be issued may contain certain contract clauses, including an arbitration clause, which could affect the party's rights. Copies of the policy forms should be read. They are available from the office which issued the Report. The Report (and any amendments) is preliminary to and issued solely for the purpose of facilitating the issuance of a policy of title insurance at the time the real estate transaction in question is closed and no liability is assumed in the Report. The policy(s)of title insurance to be issued will be policy(s)of Stewart Title Guaranty Company. Please read the Specific Exceptions shown in the Report and the General Exceptions and Exclusions listed in Exhibit One carefully. The list of Specific and General Exceptions and Exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy to be issued and should be read and carefully considered. It is important to note that the Report is not an abstract of title, a written representation as to the complete condition of the title of the property in question, and may not list all liens, defects and encumbrances affecting title to the land. The Report is for the exclusive use of the parties to this transaction, and the Company does not have any liability to any third parties or any liability under the terms of the policy(s) to be issued until the full premium is paid. Until all necessary documents are recorded in the public record, the Company reserves the right to amend the Report. Countersigned Page 10 of 14 Order No. 18-195511 Exhibit One 2006 American Land Title Association Loan Policy 6-17-06 EXCLUSIONS FROM COVERAGE 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). THE ABOVE POLICY FORM MAY BE ISSUED TO AFFORD EITHER Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: SCHEDULE B-GENERAL EXCEPTIONS FROM COVERAGE 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. 2006 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY 6-17-06 EXCLUSIONS FROM COVERAGE 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 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 B-GENERAL EXCEPTIONS FROM COVERAGE 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. 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. Page 11 of 14 Order No. 18-195511 WFG National Title Insurance Company a Williston Financial Group company ABOUT YOUR PRIVACY At WFG, we believe it is important to protect the privacy and confidences of our customers. This notice is intended to explain how we collect, use, and protect any information that we may collect. It will explain the choices you may make about the use of that information. What Information Do We Collect About You? We collect certain types of information about you. This may consist of: • Your name, address, and telephone number. • Your email address. • Your social security or government ID numbers. • Your financial information. We collect this information from: • The application or other forms you fill out with us. • The correspondence you and others direct to us. • Our transactions with you. • Others involved in your transaction, including the real estate agent or lender. In some cases, we collect information from third parties. For instance, we may receive real estate information from local assessor's offices. How Do We Use This Information? We use the information we collect to respond to your requests. WE DO NOT SHARE your information with other companies. How Can You "Opt Out?" We do not share your information so there is no need to opt out. The information We Collect About You On Our Website When you enter our website,we automatically collect and store certain information. This consists of: • Your IP Address • (Internet Protocol Address)and domain name. • The type of browser and operating system you use. • The time of your visit. • The pages of our site you visit. If you register with us or fill out an on online survey, we will collect additional personal information, such as your name, telephone number, email address and mailing address. Cookie Usage In order to provide you with customized service, we make use of"cookies." Cookies are essentially files that help us identify your computer and respond to it. You may disable cookies on your own computer, but you may not be able to download online documents unless cookies are enabled. Page 12 of 14 Order No. 18-195511 How We Use Information The information we collect concerning: • Your browser • The time and date of your visit • The web pages or services you accessed is used for administrative and technical purposes. For instance, we may use it to count the number of visitors to our site and determine the most popular pages. We may also use it to review types of technology you are using, determine which link brought you here, assess how our advertisements on other sites are working, and to help with maintenance. We use information contained in your emails only for the purpose of responding to those emails. If we ask you to fill out any forms or surveys, we will use the information we receive only for the specific purposes indicated in those forms or surveys. Your Right to See and Correct Information If you wish to see the information collected about you, please contact your settlement agent. Children's Policy We do not knowingly collect information from children under the age of 18. We delete any information that we discover has been provided by children. Security --Generally We make every effort to protect the integrity of your information. Any personal information you enter into online forms or surveys will be encrypted to ensure it remains private. We limit the right of access to your information to employees that need to use the information to respond to or process your request or transaction. We also take industry standard (IPSEC)measures to protect our sites from malicious intrusions or hacking. --Phishing and Pretexting As you know, consumers are increasingly targeted by unscrupulous persons attempting to acquire sensitive personal or financial information, by impersonating legitimate businesses. We will never send you an unsolicited email or other communication requesting your private information. If you receive a communication directing you to enter your personal information, please disregard the instruction and contact us immediately at Compliance(awfgnationaltitle.com. Oregon Residents We may not disclose personal or privileged information about you unless we provide you with a disclosure authorization form that is executed by you or your representative and otherwise complies with certain statutory requirements. Any such authorization is not valid for more than 24 months and may be revoked by you at any time, subject to the rights of anyone who relied on the authorization prior to your notice of revocation. In addition, if your personal or privileged information was collected or received by us in connection with a title insurance transaction, we cannot disclose such information if the disclosure authorization form that you executed is more than one year old or if the requested disclosure is for a purpose other than a purpose expressly permitted by statute. You have the right at any time to request in writing access to recorded personal information about you that is reasonably described by you and reasonably available to us. Within 30 days of the date of our receipt of any such written request from you, we will inform you of the nature and substance of any such information, permit you to see and copy that information or obtain a copy by mail, disclose the identity, if recorded, of the persons to whom we have disclosed such information during the previous two years, and provide you with a summary of the procedures by which you may request that such information be corrected, amended or deleted. Page 13 of 14 Order No.18-195511 Do Not Track Because there is not an industry-standard process or defined criteria to permit a user to opt out of tracking their internet access (Do Not Track or DNT), we do not currently respond to the various DNT signals. How to Contact Us If you have any questions about our privacy policy, please contact WFG: • By email: Compliance@wfgnationaltitle.com • By telephone: 800-385-1590 • By fax: 503-974-9596 • By mail: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 • In person: 12909 SW 68th Pkwy, Suite 350, Portland, OR 97223 WFG FAMILY WILLISTON FINANCIAL GROUP LLC WFG NATIONAL TITLE INSURANCE COMPANY WFG LENDER SERVICES, LLC WFGLS TITLE AGENCY OF UTAH, LLC WFG NATIONAL TITLE COMPANY OF WASHINGTON, LLC WFG NATIONAL TITLE COMPANY OF CALIFORNIA WFG NATIONAL TITLE COMPANY OF TEXAS, LLC D/B/A WFG NATIONAL TITLE COMPANY UNIVERSAL TITLE PARTNERS, LLC VALUTRUST SOLUTIONS, LLC WILLISTON ENTERPRISE SOLUTIONS &TECHNOLOGY, LLC WFG NATIONAL TITLE COMPANY OF CLARK COUNTY, WA, LLC D/B/A WFG NATIONAL TITLE INLAND PROFESSIONAL TITLE LLC D/B/A WFG NATIONAL TITLE COMPANY OF EASTERN WA WFG NATIONAL TITLE COMPANY OF COLORADO Williston Financial Group • Page 14 of 14 Order No.18-195511 XREF LIST Lt.°Ie.80 Resolved ,L�( 5'0 P17052X230 �"t�'f y 48 UNIT f s�/� ji�� q W 2 w 56 UNIT �,�tdFl1 1�✓ p� h ry PI 7052X001 ,s r.( 1� q 517052X190 9� �✓ 'L h Z N 1 Tazloieelection .7 c N o e ' Cr*1 / C o: - - // / e U ii/ / . S40'30'53'E 6.40' / g o ' \ C Y 4‘4, \\ P // / // // ririoll 5�' / / \'•EGRF'SS �+ ` 586'.54'26.68'E / \ \ '�y �' // 93.08 // \\\ Nom CV /4142. 5`N`' ct /'/��' /// / // \ �, — R DEDICATION / ty \ '.1.\ 195'770-00Z" 1cal*P� S. p� mG<Ao. �� / / l/ g l'� \ e�\\ ON o00 �� SV1 n��(tI`�q �;�i, / % f N \ .� \ i S tt ✓" t / / / e' N49' 29' 38.71°E // 3Q \\ \�/�� , iL s`��I �� //�/ / Na 42.64 /i 45113 �0°6 '20.''''.A�2 u+ 1 0 ///14 , 1'696 NIS h N \ 13:, �. • pt sik i k PARCEL 2 //_ / ,� / AREA: 7.61 ACRES '4• __./ R c+ �� DEDICATION \c -' . ----------- ________<",>, l� a / `Fj // / / ,L6O5 6 C / i'�/ PROPOSED 0 / V PROPERTY UNE a // P� 405 \\ `''// ,� \� m a / / —TRACT A 1 4/- R/W DEDICATION \\ '..„,,\.-> PARCEL 1 nv // AREA 0.32 ACRES / AREA 14.88 ACRES N49' 29'38.71'E = 01 1 SI 34.77 7, R/W 0 © \ I I 0 O // / i--� 11 — I 24'I_ r _ / T.1 IX SLOPE —_ r _JJ T` 7 SPA. AT ESMT Il CNI c, i 4 _______ Y. El . mle N30'58'4411856.65' 1__ _ _____________ ---------------- _ C\2 IX 3 A\ .--1 l' ''l Er TEMPORARY f .-iC1 5 ~ SLOPE ESMT IX SLOPE \ I < LL RIW PROJECT N C/D L 60' BOUNDARY ^ R \ IX R/W Y� Z E LF8860-5'107 ON '000PM4P4 ijO 1--4 i- w IIt 1 9£8860 SIOZ ON '700CCE 1 ST9860-5707 ON ',700 U H KEY NOTES: ti` +�� cm i e 1 PROPOSED JOINT CRY OF TIGARD SANITARY PROPOSED1-1 AND MIO�PUBLIC PEDEESMT IDTH STRIANEACCER SS) -- 0q ci) 7 EASEMENT LEGEND 8 808 SW 3rd Ave.,Ste.300 li RIGHT OF WAY — — W Portland,OR 97204 PROPOSED STORM WATER FACILITY TRACT CENTER LINE — Phone:(503)287-6825,�� FAX: (503)415-2304 ra n 0 PROPOSED 24'ACCESS EASEMENT LOT LINE — — 80' 0' 60' 160' www.otak.com EASEMENT LINE — — — _� Q 17052 P17052P15 — • — WI PROPOSED 8' PUE SURVEY MONUMENT • SCALE IN FEET Z Project No. Drawing No. PROPOSED 25'TRANSPORTATION EASEMENT g a P1 .5 Sheet No. e)Mak,lnc.3017