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MMD2019-00006 VOIDED MMD2O19 - 00006 JACKSONS FOOD STORE NO . 519 PARKING LOT MODIFICATION RECEIVED City ofTigard MAR 0 4 2019rwaIICase #: RC1 1— ' 06 CO MUNI DEVELOPMEI�,iTTA e ;I•:,�;rRING 1rf T T T 1, T[GARD Master Land lJ se Application A. .41.11•11111111111 LAND USE APPLICATION TYPE 0 Accessory Dwelling Unit Ox Modification: f Xl Type I ❑ Type II 0 Adjustment 0 Planned Development: 0 Annexation ❑ Consolidated Plan 0 Comprehensive Plan Map Amendment O Concept Plan 0 Conditional Use ❑ Detailed Plan 0 Downtown Design Review: 0 Sensitive Lands Review: ❑ Track 1 ❑ Track 2 ❑ Track 3 0 Type I ❑ Type II n Type III ❑ Home Occupation—Type II 0 Site Development Review: ❑ Type I ❑ Type II O Land Partition 0 Subdivision O Lot Line Adjustment/Lot Consolidation 0 Temporary Use Permit 0 Marijuana Facility Permit 0 Urban Forestry Plan: 0 Miscellaneous: ❑ Modification ❑ Discretionary Review ❑ Type II n Type III 0 Zoning Map Amendment PROJECT INFORMATION Project name: JFS 519 Tigard, OR Parking modification Brief description of project: Reconfigure portion of parking and landscape area including retaining wall in southwest corner of property. Remove trees and add ground cover and mulch in area of disturbance. SITE INFORMATION Location (address if available): 11834 SW Pacific Highway, Tigard, OR 97223 Tax map and tax lot number(s): 2S101 BB00301 Site size: +/-28,750 square feet Zone: Mixed Use-Central Business District APPLICANT INFORMATION Name: Barghausen Consulting Engineers, Inc. Mailing address: 18215 72nd Avenue South City/State: Kent, WA Zip: 98032 Phone: (425) 251-6222 Email: cmoseley@barghausen.com Applicant's representative: Charles Moseley/Barghausen Consulting Engineers, Inc. Phone: (425) 656-7406 Email: cmoseley@barghausen.com -?m City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION ❑ Same as applicant (Attach list for additional owners) Name: PacWest Energy, LLC dba Jacksons Food Stores, Inc. Mailing address: 3450 E Commercial Court City/State: Meridian, ID zip: 83642 Phone: (208) 888-6061 x206 Email: scott.stom@jacksons.com 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. g4fV-7D'ZC Charles Moseley 02/27/19 Applicant's signatu Print name Datc 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.: Application fee: Received by: Date: Related Case(s): Determined complete by: Date: City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 oft Jcicksons RECEIVED MAR 0 4 2019 CITY OF TIGARD PLANNING/ENGINEERING January 2, 2019 Subject: Barghausen Consulting Engineers, Inc., Predevelopment and Entitlements representative for the Jacksons Food Stores Oregon and Washington To Whom It May Concern: Barghausen Consulting Engineers, Inc. located at 18215 72nd Ave South Kent,WA 98032 has been retained by Jacksons Food Stores, Inc. (and PacWest Energy, LLC dba Jacksons Food Stores)as a consultant and representative for the purpose of designing and obtaining all necessary permits for reimaging, remodeling, and construction of our convenience stores and fueling centers for calendar year 2019. Their employees and agents are authorized to conduct meetings, submit applications, and process related documents and submittals necessary to facilitate this process. If you have any questions, concerns, or you require additional information, please feel free to contact me via any of the methods listed below. Best Regards, ( Jack Davis Vice President of Facilities Jacksons Food Stores, Inc. 3450 E. Commercial Court ` Meridian, ID 83642 jack.davis@jacksons.com ~. Office: 208.888.9508 CYNTHIA BURNETT NOTARY PUBLIC-STATE OF IOAF0 Cell: 208.841.0496 COMMISSION NUMBER 43521 MY COMMISSION EXPIRES 12.1& Ev.1 BARGUAUSEN February 28, 2019 Hand Delivery (503) 718-2429 RECEIVED Ms. Agnes Lindor MAR 0 4 2019 City of Tigard Planning Division CITY 13125 S.W. Hall Boulevard PLANNING/ENC NELi 1NG Tigard, OR 97223 RE: Minor Conditional Use Permit Application Jacksons Food Stores Redevelopment of Jacksons Food Store 11834 S.W. Pacific Highway, Tigard, Oregon 97223 Jacksons Food Stores Location No. 519/Our Job No. 17858 Dear Ms. Lindor: On behalf of Jacksons Food Stores, Barghausen Consulting Engineers, Inc. respectfully submits the Minor Conditional Use Permit Application along with supporting documents for the Redevelopment of the Jacksons Food Store located at the above-referenced address. The scope involves a modification to a portion of the parking and landscape area with associated site improvements. Site improvements include restriping parking, relocating the retaining wall, and installation of new plantings. The existing convenience store, underground storage tanks, fuel dispensers, and fueling canopy will remain. Enclosed for your review are the following items: 1. One (1) completed and signed Master Land Use Permit Application 2. One (1) completed Land Use Permit Application Checklist 3. One (1) Barghausen Consulting Engineers, Inc. check in the amount of $761 payable to City of Tigard for the Land Use Permit 4. Three (3) copies of the Jackson's agent authorization letter to Barghausen Consulting Engineers, Inc. dated January 2, 2019 5. Three (3) copies of the Title Deed from Fidelity National Title Company dated April 20, 2017 6. Three (3) copies of the Written Summary of Proposal (included in Item 7) 7. Three(3)copies of the Project Narrative prepared by Barghausen Consulting Engineers, Inc. dated February 2019 8. Three (3) sets of Plans prepared by Barghausen Consulting Engineers, Inc. dated January 21, 2019 9. Three (3) sets of Survey Plans prepared by Orion Geomatics dated June 19, 2017 BARGHAUSEN CONSULTING ENGINEERS, INC. 18215 72ND AVENUE SOUTH KENT,WA 98032 P)425-251-6222 F)425-251-8782 BRANCH OFFICES: TUMWATER,WA KLAMATH FALLS,OR LONG BEACH,CA ROSEVILLE,CA SAN DIEGO,CA barghausen.com Ms. Agnes Lindor City of Tigard Planning Division -2- February 28, 2019 It is our understanding that the enclosed items are considered a complete Minor Conditional Use Permit Application. Should you have any questions, please contact me at cmoseley@barghausen.com or at(425) 656-7406. Sincerely, TO-4-6 Charles Moseley Senior Project Planner CM/dm 17856c.006.docx enc: As Noted cc: Mr. Jack Davis, Jacksons Food Stores, Inc. Mr. Scott Stom, Jacksons Food Stores, Inc. Mr. Jay S. Grubb, Barghausen Consulting Engineers, Inc. Mr. Chris Jensen, Barghausen Consulting Engineers, Inc. Ms. Caryl Pinner, Barghausen Consulting Engineers, Inc. Mr. Jeremy Irving, Barghausen Consulting Engineers, Inc. 1 ' 1111'.\ ,,, Fidelity National Title Company of Oregon ' Fidelity National Title Company of Oregon 1433 SW Sixth Avenue (503)646-4444 ' OWNERSHIP AND MONETARY ENCUMBRANCES REPORT WITH GENERAL INDEX LIENS Informational Report of Ownership and Monetary Encumbrances ' To ("Customer"): Barghausen Consulting Engineers, Inc. 18215 72nd Avenue S Kent, WA 98032 ' Customer Ref.: 11834 SW Pacific Highway Order No.: 45141708804 Effective Date: April 20, 2017 at 08:00 AM Charge: $350.00 ' The information contained in this report is furnished by Fidelity National Title Company of Oregon (the "Company") as a real property information service based on the records and indices maintained by the Company for the county ' identified below. THIS IS NOT TITLE INSURANCE OR A PRELIMINARY TITLE REPORT FOR, OR COMMITMENT FOR, TITLE INSURANCE. No examination has been made of the title to the herein described property, other than as specifically set forth herein. Liability for any loss arising from errors and/or omissions is ' limited to the lesser of the charge or the actual loss, and the Company will have no greater liability by reason of this report. THIS REPORT IS SUBJECT TO THE LIMITATIONS OF LIABILITY STATED BELOW, WHICH LIMITATIONS OF LIABILITY ARE A PART OF THIS REPORT. ' THIS REPORT INCLUDES ONLY MONETARY ENCUMBRANCES. Part One-Ownership and Property Description Owner. The apparent vested owner of the property("the Property")as of the Effective Date is: PacWest Energy, LLC;a Delaware limited liability company Premises. The Property is: ' (a) Street Address: 11834 SW Pacific Highway, Tigard, OR 97223 ' (b) Legal Description: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF RECEIVED ' MAR 0 4 2019 CITY OF TIGIRD ' PLANNING/ENGINEERING Informational Report of Ownership and Monetary Encumbrances (Ver. 20161024) 1 IFidelity National Title Company of Oregon Order No.45141708804 IPart Two - Monetary Encumbrances I Monetary Encumbrances. As of the Effective Date, the Property appears subject to the following monetary encumbrances of record, not necessarily listed in order of priority, including liens specific to the subject property and general index liens (liens that are not property specific but affect any real property of the named person in the I same county): EXCEPTIONS Note: Property taxes for the fiscal year shown below are paid in full. IFiscal Year: 2016-2017 Amount: $11,631.63 I Levy Code: 023.82 Account No.: R458178 Map No.: 2511 BB-00301 INote: Property taxes for the fiscal year shown below are paid in full. Fiscal Year: 2016-2017 Amount: $2,714.16 I Levy Code: 023.82 Account No.: R2194220 Map No.: 2511 BB-00301 i ' Affects: Associated leasehold improvement Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including current fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. INote: Property taxes for the fiscal year shown below are non-assessable. I Fiscal Year: 2016-2017 Levy Code: 023.82 Account No.: R2079846 Map No.: 2S11BB-00301-M1 IAssessed To: Texaco Inc. - Minerals Prior to close of escrow, please contact the Tax Collector's Office to confirm all amounts owing, including Icurrent fiscal year taxes, supplemental taxes, escaped assessments and any delinquencies. 1. City Liens, if any, in favor of the City of Tigard. I 2. Limited access to and from the Land as contained in Decree of Condemnation entered in the proceedings as set forth below, which provides that there shall be no right of easement or right of access from the Land to the highway other than as expressly provided for in said Decree: I Suit No.: 26-698 County: Washington Court: Circuit I In favor of: State of Oregon, by and through its State Highway Commission Name of Highway: State Highway 99W I3. Reservation, exception or other severance of minerals, contained in or disclosed by instrument, In favor of: Texaco Refining and Marketing Inc., a Delaware corporation IInformational Report of Ownership and Monetary Encumbrances (Ver.20161024) IFidelity National Title Company of Oregon Order No.45141708804 Reservation of: Oil, gas and other minerals Recording Date: June 29, 1998 IRecording No.: 98-069862 The Company makes no representation as to the present ownership of this interest or its encumbrances. I 4. Reservation, exception or other severance of minerals, contained in or disclosed by instrument, In favor of: Texaco Refining and Marketing Inc., a Delaware corporation I Reservation of: Oil, gas and other minerals Recording Date: February 28, 2008 Recording No.: 2008-017327 I The Company makes no representation as to the present ownership of this interest or its encumbrances. 5. Reservation, exception or other severance of minerals, contained in or disclosed by instrument, In favor of: Equilon Enterprises LLC, a Delaware limited liability company doing business as Shell Oil Products US Reservation of: Oil, gas and other minerals I Recording Date: March 4, 2008 Recording No.: 2008-019223 IThe Company makes no representation as to the present ownership of this interest or its encumbrances. 6. Covenants and restrictions as contained in Deed I Recording Date: March 4, 2008 Recording No.: 2008-019223 Reference is hereby made to said document for full particulars I 7. A right of first refusal to purchase said Land with certain terms, covenants, conditions and provisions as set forth in the document I In Favor of: Equilon Enterprises LLC, a Delaware limited liability company, doing business as Shell Oil Products US Disclosed by: Deed Recording Date: March 4, 2008 I Recording No: 2008-019223 8. Access Agreement, including the terms and provisions thereof IBetweem: Equilon Enterprises LLC, a Delaware limited liability company, doing business as Shell Oil Products US (SOPUS), and Jackson Food Stores, Inc., a Nevada corporation Recording Date: March 4, 2008 I Recording No.: 2008-019224 9. Reservation, exception or other severance of minerals, contained in or disclosed by instrument, IIn favor of: Jacksons Food Stores, Inc., a Nevada corporation Reservation of: Oil, gas and other minerals Recording Date: March 4, 2008 IRecording No.: 2008-019225 The Company makes no representation as to the present ownership of this interest or its encumbrances. IInformational Report of Ownership and Monetary Encumbrances (Ver. 20161024) Fidelity National Title Company of Oregon Order No.45141708804 10. Covenants and restrictions as contained in Deed ' Recording Date: March 4, 2008 Recording No.: 2008-019225 Reference is hereby made to said document for full particulars ' 11. Any rights, interests, or claims which may exist or arise by reason of the following matters disclosed by survey, ' Job No.: 31363 Dated: July 15, 2007 Prepared by: Gary W. Hickman Matters shown: a) The 19.5 foot high Shell sign encroaches into SW Pacific Highway right of way by 12.5 feet midway along the front of the site. b) The 5 foot high Shell sign encroaches into SW Pacific Highway right of way by 7.6 feet midway along ' the front of the site As disclosed by Deed, Recording Date: March 4, 2008 Recording No: 2008-019225 12. Access Agreement, including the terms and provisions thereof ' Between: Equilon Enterprises LLC, a Delaware limited liability company, doing business as Shell Oil Products US and PacWest Energy, LLC, a Delaware limited liability company Recording Date: March 4, 2008 Recording No.: 2008-019226 13. Easement(s)for the purpose(s) shown below and rights incidental thereto, as granted in a document: ' Granted to: Portland General Electric Company Purpose: Anchor easement Recording Date: July 19, 2010 t Recording No: Affects: 2010-054357 Reference is hereby made to said document for location ' End of Reported Information There will be additional charges for additional information or copies. For questions or additional requests, contact: Kevin Kimball ' 503-469-4168 Kevin.Kimball@TitleGroup.FNTG.com 1 Informational Report of Ownership and Monetary Encumbrances (Ver. 20161024) EXHIBIT "A" Legal Description For APN/Parcel ID(s): R458178 and R2194220 For Tax Map ID(s): 2S101 BB-00301 and 2S101 BB-00301 A parcel of land in Lot 1,TIGARD ROAD GARDENS, in the City of Tigard, County of Washington and State of ' Oregon: (The Southwest one-quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian). Beginning at a point in the Easterly line of and South 20°18'10" East 47.8 feet from the Northeasterly corner of said Lot 1 and running thence along said Easterly line South 20°18'10" East 125.00 feet; thence South 62°57' ' West 201.48 feet to a point 10 feet Easterly of the West line of Lot 1 when measured at right angles; thence North 20°18'10"West parallel to and 10 feet Easterly from the Westerly line of said Lot 1, a distance of 150.0 feet to the Southerly line of the Pacific Highway; thence along said line North 62°57' East 151.48 feet; thence South 89°14'10" ' East 53.21 feet to the point of beginning. EXCEPTING those portions acquired by the State of Oregon by Deed recorded in Book 185, Page 1, Deed Records and in Final Judgment enter in Suit No. 26-698 for roads. tALSO being more particularly described as follows: t Beginning at the above described Point of Beginning; thence South 20°09'00" East a distance of 125.19 feet; thence South 63°00'00"West a distance of 201.24 feet; thence North 20°09'00" West a distance of 150.00 feet; thence North 63°00'00" east a distance of 151.48 feet; thence South 89°14'10" East a distance of 52.89 feet, which is the Portion of Beginning. ALSO EXCEPTING THEREFROM that portion conveyed to Washington County, a political subdivision, by Deed recorded April 15, 2010, at Recording No. 2010-028671. t Informational Report of Ownership and Monetary Encumbrances (Ver. 20161024) ' Fidelity National Title Company of Oregon Order No.45141708804 ' LIMITATIONS OF LIABILITY "CUSTOMER" REFERS TO THE RECIPIENT OF THIS REPORT. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES THAT IT IS EXTREMELY DIFFICULT, IF NOT ' IMPOSSIBLE, TO DETERMINE THE EXTENT OF LOSS WHICH COULD ARISE FROM ERRORS OR OMISSIONS IN, OR THE COMPANY'S NEGLIGENCE IN PRODUCING, THE REQUESTED REPORT, HEREIN "THE REPORT." CUSTOMER RECOGNIZES THAT THE FEE CHARGED IS NOMINAL IN RELATION TO THE ' POTENTIAL LIABILITY WHICH COULD ARISE FROM SUCH ERRORS OR OMISSIONS OR NEGLIGENCE. THEREFORE, CUSTOMER UNDERSTANDS THAT THE COMPANY IS NOT WILLING TO PROCEED IN THE PREPARATION AND ISSUANCE OF THE REPORT UNLESS THE COMPANY'S LIABILITY IS STRICTLY LIMITED. CUSTOMER AGREES WITH THE PROPRIETY OF SUCH LIMITATION AND AGREES TO BE ' BOUND BY ITS TERMS THE LIMITATIONS ARE AS FOLLOWS AND THE LIMITATIONS WILL SURVIVE THE CONTRACT: ' ONLY MATTERS IDENTIFIED IN THIS REPORT AS THE SUBJECT OF THE REPORT ARE WITHIN ITS SCOPE. ALL OTHER MATTERS ARE OUTSIDE THE SCOPE OF THE REPORT. CUSTOMER AGREES, AS PART OF THE CONSIDERATION FOR THE ISSUANCE OF THE REPORT AND TO ' THE FULLEST EXTENT PERMITTED BY LAW, TO LIMIT THE LIABILITY OF THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND SUBCONTRACTORS FOR ANY AND ALL CLAIMS, LIABILITIES, CAUSES OF ACTION, LOSSES, COSTS, ' DAMAGES AND EXPENSES OF ANY NATURE WHATSOEVER, INCLUDING ATTORNEY'S FEES, HOWEVER ALLEGED OR ARISING, INCLUDING BUT NOT LIMITED TO THOSE ARISING FROM BREACH OF CONTRACT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF WARRANTY, EQUITY, THE COMMON LAW, STATUTE OR ANY OTHER ' THEORY OF RECOVERY, OR FROM ANY PERSON'S USE, MISUSE, OR INABILITY TO USE THE REPORT OR ANY OF THE MATERIALS CONTAINED THEREIN OR PRODUCED, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AND t SUBCONTRACTORS SHALL NOT IN ANY EVENT EXCEED THE COMPANY'S TOTAL FEE FOR THE REPORT. CUSTOMER AGREES THAT THE FOREGOING LIMITATION ON LIABILITY IS A TERM MATERIAL TO THE ' PRICE THE CUSTOMER IS PAYING, WHICH PRICE IS LOWER THAN WOULD OTHERWISE BE OFFERED TO THE CUSTOMER WITHOUT SAID TERM. CUSTOMER RECOGNIZES THAT THE COMPANY WOULD NOT ISSUE THE REPORT BUT FOR THIS CUSTOMER AGREEMENT, AS PART OF THE CONSIDERATION ' GIVEN FOR THE REPORT, TO THE FOREGOING LIMITATION OF LIABILITY AND THAT ANY SUCH LIABILITY IS CONDITIONED AND PREDICATED UPON THE FULL AND TIMELY PAYMENT OF THE COMPANY'S INVOICE FOR THE REPORT. THE REPORT IS LIMITED IN SCOPE AND IS NOT AN ABSTRACT OF TITLE, TITLE OPINION, PRELIMINARY ' TITLE REPORT, TITLE REPORT, COMMITMENT TO ISSUE TITLE INSURANCE, OR A TITLE POLICY, AND SHOULD NOT BE RELIED UPON AS SUCH. THE REPORT DOES NOT PROVIDE OR OFFER ANY TITLE INSURANCE, LIABILITY COVERAGE OR ERRORS AND OMISSIONS COVERAGE. THE REPORT IS NOT TO ' BE RELIED UPON AS A REPRESENTATION OF THE STATUS OF TITLE TO THE PROPERTY. THE COMPANY MAKES NO REPRESENTATIONS AS TO THE REPORT'S ACCURACY, DISCLAIMS ANY WARRANTY AS TO THE REPORT, ASSUMES NO DUTIES TO CUSTOMER, DOES NOT INTEND FOR CUSTOMER TO RELY ON THE REPORT, AND ASSUMES NO LIABILITY FOR ANY LOSS OCCURRING BY REASON OF RELIANCE ON THE REPORT OR OTHERWISE. ' Informational Report of Ownership and Monetary Encumbrances (Ver.20161024) Fidelity National Title Company of Oregon Order No.45141708804 ' IF CUSTOMER (A) HAS OR WILL HAVE AN INSURABLE INTEREST IN THE SUBJECT REAL PROPERTY, (B) DOES NOT WISH TO LIMIT LIABILITY AS STATED HEREIN AND (C) DESIRES THAT ADDITIONAL LIABILITY BE ASSUMED BY THE COMPANY, THEN CUSTOMER MAY REQUEST AND PURCHASE A POLICY OF TITLE INSURANCE, A BINDER, OR A COMMITMENT TO ISSUE A POLICY OF TITLE INSURANCE. NO ' ASSURANCE IS GIVEN AS TO THE INSURABILITY OF THE TITLE OR STATUS OF TITLE. CUSTOMER EXPRESSLY AGREES AND ACKNOWLEDGES IT HAS AN INDEPENDENT DUTY TO ENSURE AND/OR RESEARCH THE ACCURACY OF ANY INFORMATION OBTAINED FROM THE COMPANY OR ANY PRODUCT OR SERVICE PURCHASED. NO THIRD PARTY IS PERMITTED TO USE OR RELY UPON THE INFORMATION SET FORTH IN THE REPORT, AND NO LIABILITY TO ANY THIRD PARTY IS UNDERTAKEN BY THE COMPANY. ' CUSTOMER AGREES THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS LICENSORS, AGENTS, SUPPLIERS, RESELLERS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ALL OTHER SUBSCRIBERS OR SUPPLIERS, SUBSIDIARIES, AFFILIATES, EMPLOYEES AND SUBCONTRACTORS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, INCOME, SAVINGS, DATA, BUSINESS, OPPORTUNITY, OR GOODWILL, PAIN AND SUFFERING, EMOTIONAL DISTRESS, NON-OPERATION OR INCREASED EXPENSE OF OPERATION, BUSINESS INTERRUPTION OR DELAY, ' COST OF CAPITAL, OR COST OF REPLACEMENT PRODUCTS OR SERVICES, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, NEGLIGENCE, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE, STRICT LIABILITY, BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE AND WHETHER CAUSED BY NEGLIGENCE, ERRORS, ' OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, THE COMPANY'S OWN FAULT AND/OR NEGLIGENCE OR ANY OTHER CAUSE WHATSOEVER, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES OR KNEW OR SHOULD HAVE KNOWN OF ' THE POSSIBILITY FOR SUCH DAMAGES. END OF THE LIMITATIONS OF LIABILITY ' Informational Report of Ownership and Monetary Encumbrances (Ver. 20161024) I L `"2' %. c�r''G' S'V v 4@ 21 AC V 'a•. JJ 22 �jl °,55 j ,3a o G as°° !, i- 1 •10 ��� . =: = I S136DD O.t V.- ti't 19 ' 0 5 AC\� .,,�.� '':f:;‘.1. 800 18 ��gyp.. ...- ° ' w* .,, mv • c o ifr 4' 301 "(7).,'. �� �' �> `� 0,-,„--- \-\\ �+j?�r (p 301 M1 S. • O f §,^7",53 l�b� `• I ‘465O5 '{ • °�R © 310 . ` ,p,,,,, X$oM1 �$ 91 ,_, 2 3_8 1M15° -tsA,.. 1 1 1 40'.. 36'• 1 IN l 400 �1 t.te AC ¢`\ I 4` ( i 1300 ' 401 �w.0s 1, _- 1-.....\.\ ` 1 'e r :+ 3.23 AC. y 2.60 Ac ' J ' -.4 5 �� ri ..s6 ., A7t . ICS451 ` < <<` '' °9s I Nr:. )Xit}?Itl1bMlHWJJ-W 017,x(E}?;iflM!!+!•I M�IT'e .t +►w +. 4. .;;:SAUTHiitIGGfiGA6F}{3iGt1A3rPP n''F5,r::€}u}s:;:+ ettt}.t3}'??....— `3'� 1 1145.10) 1 b A 3,y A° 5/5 i __14f.14 ..- .. • 5,. ,2477 - --- 1 ?: I I I I I I I I THIS MAP IS MADE SOLELY FOR THE PURPOSE OF ASSISTING IN LOCATING SAID PREMISES,AND THE COMPANY ASSUMES NO LIABILITY FOR VARIATIONS.IF ANY,IN DIMENSIONS,AREAS,AND LOCATIONS ASCERTAINED BY ACTUAL SURVEY. I 4 _,i. I Washington County,Oregon 2008-01 9225 4 03104/2008 04:10:08 PM 14 � D-DW Cnt=1 Stn=4 K BARNETT J/ $40.00$5.00$11.00-Total=$56.00 ` I IIIIIIUIMIUIU 1111111 I 1111111 I I1IIU `�, 01223708200800192250080084 I,Richard Hobemlcht.Director of Assessment and fi" Taxation and Es-Officio County Clerk for Washington " �`+., SPECIAL WARRANTY DEED County.°repo",do hereby certifythat the within -�... . " ,�1 Instrumentof writing was received and recorded In the ,Z,44.. . ;'j' t book of records of said cou� .f" After Recording Return To: -^>;•4,. •',%.M1. Richard Hobernicht,Director of Assessment ande4 ` Taxation.Ex-Officio County Clerk Name: PacWest Energy,LLC Address: 3450 Commercial Court f\\ l\ SVC)`-ov 1��\S ` - °, Meridian,ID 83642 ` This Instrument Was Prepared By: PQ� w2--g- N ` Beverly J.Klug 3q0 C_J , m�C'_\k\ ��� as Agent for EQUILON ENTERPRISES LLC (� ��i-Z 12700 Northborough,Suite 130 Me��6,CNCRx` \ , LS) ' c - ` Houston,TX 77067 Tax Parcel ID No.:R458178 I This Special Warranty Deed, dated to be effective as of the 3rd day of March, 2008 ("Effective Date"), is by and between Jacksons Food Stores, Inc., a Nevada corporation with oammercial C , , 42 ("Grantor") West Energyffices , LLClocated, a t Delaware3450Colimited liability ourtcompanyMeridianwith Idaho offices836located at 3450 Commercial I Court, Meridian, Idaho 83642 ("Grantee"), pursuant to that certain Contribution Agreement ill M dated as of the 3rd day of March, 2008("Agreement"), by and between Grantor and Grantee. ` J WITNESSETH: t L1 For and in consideration of the sum of $ 758,000.00, and the mutual covenants set forth in the Agreement, the receipt and sufficiency of which are hereby acknowledged, Grantor does I hereby GRANT, BARGAIN, SELL, CONVEY, CONFIRM and RELEASE unto Grantee, its successors and assigns forever, all of Grantor's right, title and interest, if any, in and to the Premises more particularly described in Exhibit"A" attached hereto and made a part hereof (the"Premises"),together with any buildings, fixtures and improvements owned by Grantor and I w I located thereon. Together with all right,title and interest, if any, of Grantor in and to any streets and roads Z abutting the Premises to the center lines thereof, plus all the estate and rights of Grantor in and to any easements, rights, privileges, appurtenances and other hereditaments appurtenant to the ►- Premises; Grantor expressly SAVES, RETAINS, RESERVES and EXCEPTS from this conveyance unto itself and its successors and assigns, all right, title and interest, if any, in and to any oil, gas, and other minerals (including, without limitation, helium, lignite, sulfur, phosphate and other solid, liquid and gaseous substances), regardless of the nature thereof and whether similar or dissimilar but only to the extent any of the foregoing is in its natural state and natural location and not subject to the dominion and control of any person, and, upon thirty (30) days prior written notice to Grantee, the right to explore for, develop and produce same, as well as the • right to lease such portion of the Premises hereby reserved for such purposes, and all mineral and royalty rights whatsoever in, on, under and pertaining to the Premises; but Grantor, its successors and assigns, shall have no right to use,or right of ingress to or egress from any part of the surface of the Premises for exploration and producing purposes, except with respect to (i) current activities at and any existing contractual or leasehold rights granted to third parties and (ii) any additional activities which have been consented to in writing by Grantee, whose consent shall not be unreasonably withheld. Except as set forth in the preceding sentence, any ;___ Cost Center:#120535 Address:11834 SW Pacific Hwy.,Tigard,Oregon oil and gas drilling operations, shall be conducted by means of wells, the surface locations of which are on other lands and which may be drilled into and bottomed in or under the Premises. Grantor shall exercise its rights under the foregoing mineral, oil and gas reservation so as not to disturb any improvements, installations, petroleum or other products contained in such improvements or installments or surface activities on the Premises. Grantor is to receive and retain all bonuses, rentals and royalties payable under any such mineral, oil and gas lease or leases. Grantor may assign, transfer, sell or convey such oil, gas and mineral reservation to any person, corporation, partnership or other entity. This conveyance is made by Grantor and accepted by Grantee SUBJECT TO all reservations, exceptions, restrictions, easements, encumbrances, rights of way, ad valorem taxes, zoning regulations, other matters of record as of the date of this Special Warranty Deed affecting same and the items set forth on "Exhibit B", to the extent that the same are currently valid and enforceable against the Premises. TO HAVE AND TO HOLD the Premises unto Grantee, its successors and assigns in fee simple forever; but: IN ADDITION TO THE FOREGOING, Grantor grants the Premises to Grantee subject to the following covenants and restrictions: 1. From and after the Effective Date until March 3, 2023, or a market withdrawal by Grantor affecting the Premises, as defined by the Petroleum Marketing Practices Act, 15 U.S.C. § 2802(b)(2)(E), whichever is earlier ("Termination Date"), if motor fuel is stored, advertised or sold at or from the Premises,the motor fuel stored, advertised or sold shall be sold under the "Shell" trademark ("Brand Covenant"), all as more fully set forth in that certain Branding and Product Purchase Commitment Agreement dated as of the Effective Date, by and between Grantor and Grantee ("Branding Agreement"). The Brand Covenant shall expire automatically on the Termination Date without need for filing a release, or other action of either Grantor or Grantee. The Premises and every portion thereof shall be improved, held, used, occupied, leased, sold, hypothecated, encumbered and conveyed subject to the Brand Covenant. The Brand Covenant and the remedies for breach thereof, as provided in the Branding Agreement, shall run with the land, and pass with each and every portion of the Premises, and shall apply to and bind the respective successors, assigns and transferees and subsequent owners in interest thereof. The Brand Covenant is imposed upon the entire Premises. Breach of the Brand Covenant shall not divest Grantee or any successor or assign of Grantee from title to the Premises. Unless the Premises is a "Released Premises" as defined in the Branding Agreement, Grantee agrees to include the Brand Covenant in any conveyance or assignment of the Premises to a successor grantee prior to the Termination Date and, as a condition of any conveyance of the Premises, to require successor grantees to enter into an agreement assuming all obligations of Grantee under the Branding Agreement. 2. Until the Termination Date, Grantor retains a right of first refusal to purchase the Premises, pursuant to the terms of the Branding Agreement ("Right of First Refusal"). The Right of First Refusal shall expire automatically on the Termination Date, without need for filing a release, or other action of either Grantor or Grantee. The terms of the Right of First Refusal are set forth on "Exhibit C". -2- 3. Grantee has granted a right of access to Grantor pursuant to the terms of an Access Agreement dated as of the Effective Date, which is being recorded on the same day as this instrument. 4. Grantee covenants and agrees that it shall not install and Grantee shall prevent its subsequent purchaser or permitted assignee of the Premises from installing, any well or other tank, pump or related equipment for the use or storage of potable water at the Premises. Grantee further covenants and agrees that it shall not improve or use, and Grantee shall prohibit its subsequent purchaser or assignee of the Premises from using or improving,the Premises for residential purposes. Each of these covenants shall run with the Premises, and pass with each and every portion of the Premises, and shall apply to and bind Grantee's s subsequent purchaser or permitted assignee. Nothing herein shall prevent the use or supply of any state, county, or municipal water used, applied or consumed at the Premises. 5. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, GRANTEE ACKNOWLEDGES, UNDERSTANDS AND AGREES THAT GRANTEE HAS BEEN GIVEN THE OPPORTUNITY TO MAKE FULL AND COMPLETE INSPECTIONS OF THE PREMISES TO GRANTEE'S SATISFACTION PRIOR TO THE DATE HEREOF AND THAT,AS OF THE DATE HEREOF, GRANTEE IS RELYING SOLELY ON GRANTEE'S OWN INVESTIGATIONS OF THE PREMISES AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, OR ANY AGENT, REPRESENTATIVE OR OTHER PARTY ACTING ON BEHALF OF GRANTOR. IT IS THE UNDERSTANDING AND INTENTION OF THE PARTIES THAT THE SALE OF THE PREMISES FROM GRANTOR TO GRANTEE IS MADE ON AN "AS IS, WHERE IS" BASIS AND WITH ALL FAULTS. GRANTEE ACKNOWLEDGES THAT, EXCEPT AS SET FORTH HEREIN, GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, AGREEMENTS OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, RELATING TO, CONCERNING OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR PRESENT OR FUTURE CONDITION OF THE ASSETS, INCLUDING WITHOUT LIMITATION THE PREMISES, (B) THE COMPLIANCE OF, OR BY, THE PREMISES WITH ANY LAWS OF ANY APPLICABLE GOVERNMENTAL ENTITY, (C) THE LIABILITY, MERCHANTABILITY, MARKETABILITY, OR PROFITABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE OF THE PREMISES, INCLUDING WITHOUT LIMITATION THE ASSETS THEREON, OR (D) ANY OTHER MATTER WITH RESPECT TO THE ASSETS. GRANTEE REPRESENTS TO GRANTOR THAT GRANTEE IS RELYING, HAS RELIED AND SHALL IN THE FUTURE RELY SOLELY UPON ITS OWN INVESTIGATIONS, INSPECTIONS AND STUDIES OF THE PREMISES, AND NOT ON ANY INFORMATION PROVIDED OR TO BE PROVIDED BY GRANTOR, GRANTOR'S AGENTS OR CONTRACTORS OR OTHERWISE GENERATED FROM THIRD PARTY SOURCES. GRANTOR SHALL NOT BE LIABLE OR BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENT, REPRESENTATION OR INFORMATION PERTAINING TO THE PREMISES OR THE OPERATION THEREOF FURNISHED BY ANY PARTY PURPORTING TO ACT ON BEHALF OF GRANTOR, INCLUDING, WITHOUT LIMITATION, ANY AGENT, BROKER OR SALESPERSON. GRANTEE ACKNOWLEDGES THAT THE PURCHASE PRICE HAS BEEN SPECIFICALLY NEGOTIATED AND ADJUSTED TO TAKE INTO ACCOUNT THE AS-IS NATURE OF THIS SALE AND THE DISCLAIMERS AND WAIVER OF REPRESENTATIONS AND WARRANTIES AS STATED HEREIN. SUBJECT to the foregoing, Grantor covenants with Grantee that Grantor will warrant specially the Premises herein conveyed and defend title to the Premises against the lawful -3- , claims of all persons claiming by, through, or under Grantor, but not otherwise, provided, that this conveyance and the special warranty made by Grantor contained herein are subject to the matters contained herein and any and all matters of record as of the date of recording. The preceding sentence is for the benefit of Grantee and the parties now or hereafter constituting Grantee and may not be relied on or enforced by any other entity, including, without limitation, any direct or remote successor in title to Grantee or any title insurer of Grantee or its direct or remote successors in title, by way of subrogation or otherwise. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 197.352 IN WITNESS WHEREOF, Grantor has caused this Special Warranty Deed to be duly executed on the day and year first above written. "GRANTOR" JACKS FOOD STORES, INC. John D.Jackson, President STATE OF IDAHO ) Atifrab. a ss. County of Ada ) Jr On this z.&—day of February, 2008, before me, Timothy W. Tyree, a Notary Public in and for said State, personally appeared John D. Jackson, known or identified to me to be the President of Jacksons Food Stores, Inc., the corporation that executed the within instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and�egi4n.t#�i�certificate first above writt . V . iii! : A. i -OTARr ota blic for I.. • S. �•� 2 ,t c Resit • at • 6 ► SUB t�G My commission expires t1114/w3 a '''nn..u••+•• -4- li_ EXHIBIT A LEGAL DESCRIPTION The property described as shown hereon is the same property granted to Texaco Refining and Marketing Inc. in the Vesting Deed recorded on 1/26/1999 and record as Fee No. 99- 09899 in Washington County Deed Records. A parcel of land in Lot 1,TIGARD ROAD GARDENS, in the City of Tigard, County of Washington and State of Oregon: (The Southwest one-quarter of Section 36,Township 1 South,Range I West Willamette Meridian): BEGINNING at a point in the Easterly line of and South 20°18'10" East 47.8 feet from the Northeasterly corner of said Lot 1 and running thence along said Easterly line South 20°18'10" East 125.00 feet; thence South 62°57' West 201.48 feet to a point 10 feet Easterly of the West line of Lot 1 when measured at right angles; thence North 20°18'10" West parallel to and 10 feet Easterly from the Westerly line of said Lot 1, a distance of 150.0 feet to the Southerly line of the Pacific Highway; thence along said line North 62°57'East 151.48 feet;thence South 89°14'10" East 53.21 feet to the point of beginning. EXCEPTING those portions acquired by the State of Oregon by Deed recorded in Book 185, Page 1,Deed Records and in Final Judgment enter in Suit No.26-698 for roads. ALSO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the above described Point of Beginning; thence South 20°09'00" East a distance of 125.19 feet; thence South 63°00'00" West a distance of 201.24 feet; thence North 20°09'00" West a distance of 150.00 feet; thence North 63°00'00" East a distance of 151.48 feet; thence South 89°14'10"East a distance of 52.89 feet; which is the POINT OF BEGINNING,having an area of 29,358 square feet(0.67 acres),more or less. CC 120535 11834 SWPacific Hwy. Tigard, Oregon • Exhibit B Permitted Encumbrances CC# 120522 11465 SW Pacific Hwy Tigard, OR 97223-8627 1. The lien for real property taxes for the year 2008, and any liens for special assessments which as of the date hereof, are not due and payable. Ad Valorem Taxes for calendar year 2007, due and payable in 2008, have been paid. 2. The premises herein described are within and subject to the statutory powers including the power of assessment of Clean Water Services. I 3. Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin Valley Water District. 4. An easement created by instrument, including terms and provisions thereof. Recorded on January 28, 1959 in Book: 413 at Page: 751. In favor of the Portland General Electric Company for Utility Lines and appurtenances. Affects: The Northerly portion. 5. Reservation of mineral rights in deed. Recorded on June 29, 1998 as Recorder's Fee No.: 98-069862. From Texaco Refining and Marketing, Inc., a Delaware corporation, to Equilon Enterprises LLC, a Delaware limited liability company. 6. Matters set forth on survey dated July 15, 2007 by surveyor Gary W. Hickman as Survey No. 31363 as follows: a. The 19.5 foot high Shell sign encroaches into SW Pacific Highway right of way by 12.5 feet midway along the front of the site. b. The 5 foot high Shell sign encroaches into SW Pacific Highway right of way by 7.6 feet midway along the front of the site. EXHIBIT C Right of First Refusal If at any time during the Brand Covenant Period, Buyer or any Premises Owner (i) receives an acceptable bona fide offer to purchase or lease from a ready, willing, and able purchaser or lessee which Buyer or any Premises Owner desires to accept, or(ii) makes a bona fide offer to sell, lease or otherwise transfer to such a purchaser or lessee, all of Buyer's or any Premises Owner's right, title and interest in and to the Premises or any particular Premises, or any interest therein ("Offer"), Buyer or such Premises Owner shall provide written notice to SOPUS, specifying the name and address of the buyer or lessee and the price and complete terms of the Offer,accompanied by Buyer's or any Premises Owner's affidavit that the proposed sale or lease transaction described in the Offer is in good faith. SOPUS will then have the prior option to purchase or lease any of such Premises at the price and on the terms of the Offer, but subject to the terms provided below("Right of First Refusal"). (b) SOPUS shall provide written notice to Buyer or such Premises Owner, as applicable, of SOPUS's election to exercise its Right of First Refusal within 30 days after SOPUS receives such Person's written notice of the Offer. Within 20 days after the date of the notice provided to such Person of SOPUS's election to exercise its Right of First Refusal, SOPUS shall company designate a title and provide written notice to such Person of the same. 9 P Y Such Person shall deposit with the title company a recordable special warranty deed or lease, as applicable, to SOPUS, in form satisfactory to SOPUS or as set forth in the Offer, for the applicable Premises. SOPUS shall deposit with the title company any earnest money required by the Offer. Promptly thereafter, such Person shall (or SOPUS may), at SOPUS's expense, order from the title company a report on title to(or leasehold interest in)the applicable Premises and a commitment for an owner's or lessee's (as applicable) policy of title insurance. Upon written notice from SOPUS to such Person and the title company that title is acceptable, which notice shall not be later than the time set forth in the Offer, the title company shall deliver to SOPUS the deed or lease executed by such Person, together with the owner's or lessee's (as applicable) policy of title insurance, against payment by SOPUS of the purchase price (which shall include payment of any costs, fees, expenses, documentary, transfer and like taxes required to paid by SOPUS), less any earnest money, as such allocation of costs, fees and expenses may be set forth in the Offer. Thereafter, the title company shall deliver to such Person the purchase price required by the Offer less the amount of any liens accepted by SOPUS and less the amount of any and all costs, fees, expenses, documentary, transfer and like taxes required to paid by such Person as set forth in the Offer. Taxes and rent will be prorated as of the date of delivery of the deed (or the assignment of lease, as applicable) from the title company to the SOPUS. Upon receipt from SOPUS of written notice that the title is not acceptable, Buyer or such Premises Owner, as applicable, shall use commercially reasonable efforts to cure such title objections by the closing, including, without limitation, insuring against or providing a bond or suitable escrow for, any lien or other encumbrance that represents a liquidated amount or sum of money. If such Person is unable to cure the title to SOPUS's satisfaction, SOPUS may elect not to purchase the applicable Premises, in which case the title company shall return the deed (or assignment of lease) to such Person, and the earnest money to SOPUS. If SOPUS elects to not exercise its Right of First Refusal for any reason, Buyer or such Premises Owner, as applicable, may sell the applicable Premises under the terms described in the notice of the Offer provided to SOPUS. Any proposed sale of any Premises under materially different terms than those described in such notice of the Offer is subject to the Right of First Refusal provisions described herein. For purposes of the preceding sentence, an extension of the closing date by not more than ninety (90) days, or a reduction in the purchase price by not more than three percent (3%) are examples of non-material changes to the Terms of the Offer. (c) The Right of First Refusal is not limited by any other rights SOPUS has under this Agreement or elsewhere, if any, to acquire the Premises. The Right of First Refusal runs with the land or leasehold interest, inures to the benefit of, and binds the respective successors in interest and assigns thereof. SOPUS's failure to exercise its Right of First Refusal on any Premises is not a waiver of its right to a Right of First Refusal for any other Premises. The Right of First Refusal survives the Closing and will appear in the deed or lease assignment, as applicable, conveying the Premises from SOPUS to Buyer or a Premises Owner. The failure of SOPUS to exercise the Right of First Refusal as to a Premises shall release that Premises from the Right of First Refusal from and after its conveyance. (d) The Right of First Refusal shall not apply to transfer of Premises by operation of a partition action under the Limited Liability Company Agreement of PacWest Energy, LLC (the"LLC Agreement"). RECEIVED MAR 0 4 2019 CITY OF I IGAilD PLANNING/ENGINEERING Narrative Proposal Description and Zoning Analysis Jacksons Food Stores 11834 Southwest Pacific Highway Tigard, Oregon Loc. No. 519 Prepared by Barghausen Consulting Engineers, Inc. S a ' - S..rro 2 ,,,v,SH 61N�b¢. 18215 - 72nd Avenue South Kent, Washington 98032 Our Job No. 17856 Date: February 28, 2019 Table of Contents 1.0 PROJECT DESCRIPTION 1 2.0 CHAPTER 18.740.050- CONDITIONAL USE MINOR MODIFICATION CRITERIA 1 3.0 CONCLUSION 2 17856.001.docx 1.0 PROJECT DESCRIPTION The redevelopment project of Jacksons Store No. 519 includes the modification to the parking lot and retaining wall, tree removal, and new plantings. The existing convenience store, fueling canopy, fuel dispensers, and underground storage tanks will remain. 2.0 CHAPTER 18.740.050- CONDITIONAL USE MINOR MODIFICATION CRITERIA Pursuant to Chapter 18.765.060D of the City of Tigard Development Code, the redeveloped Jacksons Store No. 519 conforms to the following list of standards and conditions of approval: 1. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060A; Response: Subsection 18.765.060A identifies the following characteristics of a minor modification as: "1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities;and 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 project is the modification of a portion of the parking lot, retaining wall, and landscaping of an existing gas station and convenience store. The current configuration of gas station and convenience store were previously approved under MMD1999-00008 and are allowed uses. The site will remain in conformance with the applicable development standards related to this modification: Standard Requirement Response Parking Stalls Vehicle Fuel Sales The existing site provides fifteen establishments require a (15) parking stalls. The parking minimum of three (3) parking modification will continue to stalls with two (2) parking stalls provide fifteen (15) parking stalls. per service bay and a maximum The existing convenience store is of four(4) stalls with 2.5 stalls per approximately 1,876 square feet. service bay. The minimum parking requirement Sales-Oriented Retail is six (6) stalls, and the maximum. establishments require three (3) Parking requirement is eleven (11) parking stalls per 1,000 square stalls. feet of gross floor area and a The overall site has a parking maximum of 6.2 stalls per 1,000 minimum of nine (9) stalls and a square feet of gross floor area. parking maximum of fifteen (15) Sites located in the Mixed Use stalls. Community Business District The MU-CBD zone allows a (MU CBD) zone are allowed 75 minimum of seven (7) stalls and a percent of the standard minimum maximum of eleven (11) stalls. and maximum requirement. The site was previously approved to have fifteen (15) stalls per Minor Modification Permit #MMD1999- 00008. The number of parking - 1 - 17856.001.docx Standard Requirement Response stalls is not being modified, and will continue to meet City parking regulations. Accessible Parking Stalls ORS 447.233 requires one (1) There is an existing accessible parking stall for parking lots that parking stall east of the provide one(1)to twenty-five(25) convenience store, and is in parking stalls. compliance with City and State regulations. Parking Design Parking stalls at 90 degrees must The proposed parking spaces are be a minimum of 8-feet 6-inches 9-feet by 18-feet 6-inches. by 16-feet. The proposed aisle width is 25-feet The minimum width of a two-way 6-inches. aisle is 20-feet. Vision Clearance Areas Vision Clearance Requirements Not applicable; site is located are not required in the Mixed Use within the Mixed Use - Central - Central Business District zone. Business District zone. Landscaping The minimum required The overall site will provide landscaping is 10% of the overall approximately 9,689 square feet of site area. landscaping, or 34% landscaping. Trees One (1)tree must be provided for A minimum of 16 trees required. every 600 square feet of total The proposed site modification will required landscape area. remove nine (9) trees and propose seventeen (17) existing trees to remain. The site will continue to be in compliance. 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 Response: The original condition of approval from MMD1999-00008 was to obtain building permits and Oregon Department of Transportation permits; this proposal does not involve the modification of a condition of approval. 3.0 CONCLUSION The proposed redevelopment of the Jacksons No. 519 meets the Conditional Use Permit Minor Modification criteria set forth in Chapter 18.765.060D of the City of Tigard Development Code. The proposal shall be developed within the existing site, which will create minimal impact to the surrounding natural environment. The proposed on-site landscaping will meet or exceed current development standard. As demonstrated above, the development will meet the intent of the Minor Modification review giving regard to the natural environment and the elements of conserving and enhancing the appearance of the City. -2- 17856.001.docx IN TIGARD City of Tigard g March 20, 2019 Charles Moseley Barghausen Consulting Engineers, Inc. 18215 72nd Avenue South Kent,WA 98032 Project: Jacksons No. 519 Site: 11834 SW Pacific Highway Land Use Files: MMD2019-00006 Dear Mr. Moseley: The city received your application on March 4,2019 for a modification to the existing parking lot for Jacksons No.519 gas station and convenience store. Staff evaluated your application for completeness against Tigard's submittal requirements and determined that additional information is required. This letter is to inform you that the above referenced application has been deemed incomplete pursuant to Chapter 18.710 and Oregon Revised Statutes 227.178.The time period in which the City must take final action is suspended pending resolution of the items listed in Section I below. I. Completeness Items The following items need to be submitted in order for your applications to be deemed complete: 1. All required land use application forms and fees. a. Downtown Design Review-Track 1. Fee is $133. This property is in the MU-CBD zone and the Tigard Downtown Plan District;therefore,a DDR is required instead of a modification (MMD). The MMD fee will be refunded and case voided upon receipt of the items in this letter. 2. Narrative. a. Sections 18.650.070 and 18.650.080. Address applicable sections. b. Section 18.420.060. Provide urban forestry plan. II. Re-submittal Requirements You must submit all of the following items concurrently: 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov Determination of Completeness Page 2 Land Use File MN1D2019-00006 1. 3 copies of your revised land use application submittal and 2. Fee of$133. III. Completeness Options This letter contains the completeness review from all relevant City Departments. Please be advised that no further action will be taken on your application until one of the following events occurs: (1) you submit all completeness items, (2) you submit some completeness items and request that the City deem your application complete, or (3) you submit no completeness items and request that the City deem your application complete. Once your application is deemed complete, staff will review your application for approvability. IV. When Your Application Becomes Void Per ORS 227.178,your application will be void if one of the three actions listed above is not taken within 180 days of the date you submitted your application. The date on which your application would become void is September 1,2019. Please be aware that application fees are non-refundable. If an application becomes void, the City may retain some or all of the related application deposits. If you feel that I have made an error in my assessment of completeness,please notify me immediately so that we may resolve the issue. If you have any questions or concerns,please contact me at 503-718-2429 or AgnesL@tigard-or.gov. Sincerely, Agnes Lindor Associate Planner Copy: MMD2019-00006 PacWest Energy,LLC • TIGARD City of Tigard June 24, 2019 Charles Moseley 10340 SW 52"d Ave. Portland, OR 97219 Re: Permit No. MMD2019-00006 Dear Applicant: The City of Tigard has canceled the above referenced permit(s) and encloses a refund for the following: Site Address: 11834 SW Pacific Hwy Project Name: Jackson's Food Stores Job No.: N/A Refund Method: ® Check#232421 in the amount of$325.00. ❑ Credit card "return"receipt in the amount of$ Note: Please allow 2-5 days for this refund transaction to be credited to your account by the company that issued your card. ❑ Trust account"deposit"receipt in the amount of$ Comment(s): Refund 100% of application fees as minor modification was not required and DDR2019-00002 was applied for. If you have any questions please contact me at 503.718.2430. Sincerely, Dianna Howse Building Division Services Supervisor Enc. 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard-or.gov • City of Tigard T[GARD Accela Refund Request This form is used for refund requests of land use, development engineering and building permit application fees. Receipts, documentation and the Request for Permit Action form (if applicable)must be attached to this request form. Refund requests are due to Accela System Administrator by each Wednesday at 5:00 PM. Please allow up to 3 weeks for processing of refunds. Accounts Payable will route refund checks to Accela System Administrator for distribution to applicant. PAYABLE TO: Charles Moseley DATE: 6/17/2019 10340 SW 52nd Ave Portland, OR 97219 REQUESTED BY: Dianna Howse TRANSACTION INFORMATION: Receipt#: 421870 Case#: MMD2019-00006 Date: 3/4/2019 Address/Parcel: 11834 SW Pacific Hwy Pay Method: • CreditCard Project Name: Jackson's Food Stores EXPLANATION: Refund 100%of application fees as minor modification was not needed and DDR2019- 00002 was applied for per Agnes Lindor. REFUND INFORMATION: Fee Description From Receipt Revenue Account No. Refund Example: Building Permit Fee Example: 2300000-43104 $Amount Minor Modification- Type I 100-0000-43116 $325.00 TO TAL REFUND: $325.00 APPROVALS: SIGNATURES/DATE: If under$5,000 Professional Staff If under$12,500 Division Manager If under$25,000 Department Manager If under$100,000 City Manager If over$50,000 Local Contract Review Board FOR ACCELA SYSTEM ADMINISTRATION USE ONLY Case Refund Processed: Date: I:\Building\Refunds\RefundRequest.doc x 09/01/2010 CITY OF TIGARD1111 RECEIPT e 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 TIGARD Project Name: Jackson's Food Stores Site Address: 11834 SW PACIFIC HWY Receipt Number: 434462 - 05/21/2021 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2019-00006 $-325.00 Total: $-325.00 PAYMENT METHOD CHECK# AUTH CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 232421 DHOWSE 05/21/2021 $-325.00 Payor: Charles Moseley Total Payments: $-325.00 Balance Due: $0.00 Page 1 of 1 CITY OF TIGARD RECEIPT j 13125 SW Hall Blvd.,Tigard OR 97223 503.639.4171 T Project Name: Jackson's Food Stores Site Address: 11834 SW PACIFIC HWY 1I Receipt Number: 421870 - 03/04/2019 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2019-00006 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 Credit Card 06336C SWARREN 03/04/2019 $325.00 Payor: Charles Moseley Total Payments: $325.00 Balance Due: $0.00 • Page 1of1 City of Tigard • COMMUNITY DEVELOPMENT DEPARTMENT v R A = Request for Permit Action ,e7l,a T I G A R D 13125 SW Hall Blvd. •Tigard,Oregon 97223 • 503-718-2439 • www.tigard-or.gov " TO: CITY OF TIGARD Building Division 13125 SW Hall Blvd.,Tigard,OR 97223 Phone: 503-718-2439 Fax: 503-598-1960 TigardBuildingPemrits@tigard-or.gov FROM: ❑ Owner ❑ Applicant ❑ Contractor elECity Staff Check(✓)one REFUND OR Name: ni' ' INVOICE TO: (Business or Individual) C1 1L/I .L.&r VIA-CAV Mailing Address: �1r 7\vr— City/State/Zip: PQ'f , 6;r7 G c3 Phone No.: 4-2S' . CQ✓ P • 7140t.Q PLEASE TAKE ACTION FOR THE ITEM(S) CHECKED (1): CANCEL/VOID PERMIT APPLICATION. REFUND PERMIT FEES (attach copy of original receipt and provide explanation below). ❑ INVOICE FOR FEES DUE (attachA case fee schedule and provide explanation below). Permit#: OM v1 D w �/t -(0(0 l ) Site Address or Parcel#: l M SW V �I I36t�'6( G Project Name: �a�� s Sthz N o g I Subdivision Name: Lot#: EXPLANATION: Dv& Ir1 c* nepok M lv�l�. N ee,�R ' Dog-- A-pp I l.eo( ulncC. p 2- - z Signature: Date: ti'1 o/l 9 Print Name: tAII-1.3 (-VI 01--- Refund Policy 1. The city's Community Development Director,Building Official or City Engineer may authorize the refund of: • Any fee which was erroneously paid or collected. • Not more than 80%of the application or plan review fee when an application is withdrawn or canceled before review effort has been expended. • Not more than 80%of the application or permit fee for issued permits prior to any inspection requests. 2. All refunds will be returned to the original payer in the form of a check via US postal service. 3. Please allow 3-4 weeks for processing refund requests. FOR OFFICE USE ONLY Route to Sys Admin: Date By Route to Records: DateS;/,,?, /;'- By 4)fl Refund Processed: Date c/r 7// Invoice Processed: Date By Permit Canceled: Date 6 z, /fir Byir#7 Parcel Tag Added: Date By I:\Building\Forms\RegPcnnitAction_1/L051§,oc r