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MMD2019-00023 APPROVED MMD2O19 - 00023 TIGARD TOWNE SQUARE- SUITE G1 NOTICE OF TYPE I DECISION MINOR MODIFICATION MMD2019-00023 111 0.1 TIGARD TOWNE SQUARE- SUITE G1 TIGARD 120 DAYS =JANUARY 16TH, 2020 SECTION I. APPLICATION SUMMARY FILE NAME: Tigard Town Square-Suite G1 CASE NO.: Minor Modification (MMD) MMD2019-00023 PROPOSAL: The applicant is proposing to partition 16200 SW Pacific Highway,Suite G1 (3,250 square feet)into two tenant spaces.The proposed tenant space on the west will have 1,751 square feet, and the tenant space on the east will have 1,495 square feet. The applicant is proposing to replace existing windows with a new door and new windows for the new tenant. APPLICANT: Woodblock Architecture Attn: Tyler Miller 827 SW 2nd Ave #300 Portland, OR 97204 OWNER: SN Properties Partnership Atm:Mark Piscitelli 1121 SW Salmon St. Portland, OR 97205 LOCATION: 16200 SW Pacific Highway, Suite G1 WCTM 2S115AB01900 ZONING DESIGNATION: C-G: General Commercial zone. The C-G zone is designed to accommodate a full range of retail, office,and civic uses with a citywide and even regional trade area. Except where nonconforming, residential uses are limited to mixed-use developments. A wide range of uses,including but not limited to adult entertainment, automotive equipment repair and storage,mini-warehouses, utilities,heliports,medical centers, major event entertainment, and gasoline stations, are allowed conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code (CDC) Chapters 18.320, 18.410,and 18.765 MMD2019-00023 Tigard Towne Square-Suite G1 Page 1 of 5 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request, subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. CONDITIONS OF APPROVAL PRIOR TO BUILDING PERMIT SUBMITTAL THE FOLLOWING CONDITIONS MUST BE SATISFIED: 1. Prior to building permit submittal,the applicant must submit an address and commercial suite application and then receive confirmation that a new address has been created at 16200 SW Pacific Highway for the newly created tenant space. SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located at 16200 SW Pacific Highway Suite G1,which is located in the Tigard Towne Square Shopping Center. The property is zoned general commercial (C-G). The site is located south of SW Durham Road, west of SW 113t Avenue, north of SW Gabriel Street, and east of SW Pacific Highway/ OR-99W. Properties to the north and east are zoned medium-high density (R-25),properties to the south are zoned medium-density (R-7), and properties to the west are zoned general commercial (C-G). The southern portion of the site contains steep slopes and Goal 5 Significant Habitat layers, and the eastern side of the lot contains a CWS Vegetated Corridor. The project scope of work does not include work in any sensitive land areas. There are no additional overlay zones. Proposal: The applicant is proposing to partition 16200 SW Pacific Highway,Suite G1 (3,250 square feet) into two tenant spaces. The proposed tenant space on the west will have 1,751 square feet, and the tenant space on the east will have 1,495 square feet.The applicant is proposing to replace existing windows with a new door and new windows for the new tenant. The previous tenant in Suite G1 was Cardsmart (sales-oriented retail use). The proposed tenant on the west is unknown and the proposed tenant for the new suite is Bliss Nail and Spa (personal services use). The minimum parking requirement decreases from a sales-oriented retail use to a personal services use; therefore, a parking count is not required. No changes to the parking,landscaping, or building footprint are proposed. MMD2019-00023 Tigard Towne Square-Suite G1 Page 2 of 5 SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS Findings for only the applicable code sections are found below: 18.765 Modifications: 18.765.020 Applicability 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. The applicant is proposing to modify an existing development that was not subject to city approval when developed but would be subject to city approval through a Site Development Review (SDR). Therefore, a minor modification is required. 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; The applicant is proposing exterior building modifications to 16200 SW Pacific Highway, Suite G1. Specifically, the applicant proposes to replace existing windows with a new door and windows. The proposed modification qualifies as a minor modification as defined in Subsection 18.765.060.A, as discussed below: A. Definition.A minor modification has the following characteristics: 1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities; and The applicant's proposal to replace windows with a new door and windows has minimal impacts on surrounding properties, sensitive lands, or public facilities. This criterion is met. 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 applicant's proposal to replace windows with a new door and windows does not cause the development to go out of conformance with any applicable standard or further out of conformance if already nonconforming,as described in the following section.This criterion is met. 18.320 Commercial Zone Development Standards 18.320.050 Design Standards A. Entrances. MMD2019-00023 Tigard Towne Square-Suite G1 Page 3 of 5 1. A minimum of one entrance per building, or tenant space within a building without internal building access, must be visible and accessible from a public street. Additional entrances may face drive aisles,parking areas, or service areas. The proposed entrance for the new tenant space is visible and accessible from SW Durham Road,which is a City of Tigard public street. This standard is met. 2. A required building entrance must be at an angle that is no more than 45 degrees from the street that it faces. The proposed entrance is parallel to SW Durham Road,which is the street that the entrance faces. This standard is met. 3. A required building entrance must be covered, recessed, or treated with a permanent architectural feature that provides weather protection for pedestrians. The required weather protection must be at least as wide as the entrance, a maximum of 6 feet above the top of the entrance, and a minimum of 3 feet in depth. The required weather protection may project into the minimum front setback. As stated in the applicant's submittal, the entrance to the new tenant space is covered by an existing awning that is greater than 3 feet in depth and is a maximum of 6 feet above the top of the entrance.This standard is met. B. Windows. Buildings or tenant spaces designed for ground floor use by Eating and Drinking Establishments,Sales-Oriented Retail,Repair-Oriented Retail,Personal Services,and Office uses must include a minimum of 50 percent window area on all ground floor street-facing facades. (Ord. 18-28 §1) The applicant's submittal demonstrates that the current window area for Suite G1 is at 34% window coverage for the street-facing facade. The proposed window area for Suite G1 and the proposed future tenant space is also at 34% window coverage, because the applicant is proposing to replace 190 square feet of windows with 190 square feet of windows and a glass door.The window area calculation in CDC 18.40.140.B states that clear glass within doors may count towards meeting a window area standard.The proposed window coverage is less than the minimum 50 percent requirement, however there is no net decrease in the proposed window area. The proposal does not take the window area requirement any further out of conformance. This standard is met. CONCLUSION: The proposal is a minor modification to an existing development and is in compliance with the applicable requirements of this Title. MMD2019-00023 Tigard Towne Square-Suite G1 Page 4 of 5 SECTION V. PROCEDURE AND APPEAL INFORMATION 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 OCTOBER 3RD, 2019, AND BECOMES EFFECTIVE ON OCTOBER 3RD, 2019. Questions: If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelC(2 tigard-or.gov. leaymittt cerimL October 3rd,2019 APPROVED BY: Samuel Copelan Assistant Planner MMD2019-00023 Tigard Towne Square-Suite Gl Page 5 of 5 A201-q-oOCJZ3 16 azvMuiltA/Y4I RECEIVE • 3'-r ,r-ave• SEP 2 6 2019 RO / EXISTING GAS METERS I CL--— 10, _ ',�1D3 CITY OF TIGARD II r \ PLANNING/ENGINEERIN II I \ F--- �,/ \-NEW EXIT DOOR woOmLaeANt ` AYHAlauR tm \\ ® I r——___ k 1 `105j b I \I roenua,oRIrAtI aw.�.mr LL-- L n \` - :- b / ii II \ NEW 2X4 MTL STUD WALL,I 001 I J MATCH HEIGHT OF ADJACENT BATHROOMWALL. �/t : R 3.- 20•-111? 18'-6114' 17-3° Ct FOF I DEMO(E)WALL AND DOOR IN ENTIRETY I I L` I II DEMO(E)WALL D DOOR IN ENTIRETY - \ y AND 12-31/4 4': 45-01/r 4' NEW IHR WALL TO B.O.DECK. UL ASSEMBLY U419. SEE DETAIL 3/A002 le (FUTURE) (FUTURE) g TFNANT1 TENANT2 1757 SF 1495 SF l TIGARD TOWNE SQUARE 16200 SW PACIFIC HWY SURE G, TIGARD,OR 97224 0 Project#18-121q� s� 40,* 1 HR RATED MULLION TRIM MEGA, . CAP.UL ASSEMBLY WW-S-1039. �L ° (4/- SEE DETAIL 4/A002 - C_ iAj OF�, DEMO EXISTING STOREFRONT FOR NEW STOREFRONT WITH . JONATHAN A H.DUNN, DOORMATCH EXISTING. ENTRY DOOR NEW STOREFRONT WITH ENTRY F n MINOR MODIFICATION 1g .... I:�� .=..—:�. ____—_ al _ .—,n,,,.n- .,;: „m,— « ,a,,..s., 100 m., a; _� _. I ___.__ e 102 s _.. ,,,—m.„—, ....— N.,. .,e,., 1005...„,..,1,—„,..„-----,,,," - _... my ®arae ME 08.18.19 FOF g A200 A200 i4 EXISITING FLOOR PLAN+DEMO 2 FLOOR PLAN E SCALE I/W=1,01 SCALE Ilir=1-0• SS I GENERAL NOTES: NEW FULL HEIGHT DEMISING WALL TO BE 2 X 6 MTL STUD.19.O.C., }i t� SEE DETAIL 3/A100 .I�Y OF gf�� ALL OTHER NEW WALLS TO BE 2 X 4 MTL STUD 16.O.C.15.17 AFF. DEMO ALL FLOOR FINISHES TO SMOOTH CONCRETE THROUGHOUT �p D n POUR BACK SLAB TO FLUSH AT DEMOD RESTROOM Approved by 3 � IIOnInC t n ALL INTERIORTE WALL SURFACES WEPATTO LEVELND4 DRYEACH CO FINISH 0 m JOB E O BE BROOM SWEPT AT END OF4 EACH CONSTRUCTION 1 H °g w DAY �tl-(,-1 O �atS• l� FLOOR PLANS Initials: SK ° RECEIVED �. SEP 2 6 2019 .--fl\-\\ - SW DURHAM RD. �, r CITY OF TIGARD _ PLANNING/ENGINEERING /+/�' ..��.. --__ 428._8. / v e �..��.. woourrsoNDen 0rzcrtme xc. �.. .. ..... ......7 �"awv ��.. .4.... .. a _..,71.._.._______________.._.._ PORTIA .art�I MN I a 103MOW� / .000.1.21N•11.1 I O J Ia t �, I O 63 4 Pill ' ..priryYlUb • t., O .. F-,, ,1II F r:_i . t 10,1 ® 1ii" AillUm is, ,,,,,,011i iF _ ...„, i � 5 VISUAL CLEARANCE '�? ®� ® I LÀ: II ® ® ® ® ® ® ®. ® ®' ® ® ®' o :4 : ' . Dill 0 1 ' )15141.u CLEARANCE /i ii, a tti, W. Q G °° • s e_ i Y 0 %p - r—-- _ . 0-'61 I f as 6.s as. CO y/ QI- Q ♦ I' ' '' /� ° �. %//%. _I . [ Ti-sem .•MIS L T i', I I I ° 1 -2" /:/..... _i 7 iI Q� : / .;I 1 p�\\�\\��; ,90.4 u OM ' _ _ ` L / 1..�—.. -,°� TIGARD TOWNE CO 7 ; SQUARE /el • 62W SW PACIFIC HWY ° �/. ° cam' L....M._J Lam- J U L__- -! TIGARDSUI .TE 1OR 97224 I 1 _ jl I . �// _Ci \ \ \\\\� 6'HIGH FENCE .._..� ' GAIN,no saMr -J� mat ••r1 ( II tl[IiOlMmv.a[ DumFRmplY6 MO WOW wYO i COLIC WALx `7 n 4'NIDE CONC WALK \ �// O '‘firc .1--- ,,--*.S,.......,..„„„„„,,,,,,,,, ,:�W „� t R' ;, / L 24.7. a ”" I Project#18,121 y 28.52' I/ AREA OF WORK ,` 4% 1'y , 1 ‘..\. / 0 , ,, \\:\\\: \\\ ‘: SON - •••P ( ARCH TECTH.DUNN. P. Q �%Rr,% E 233.70' �i+v `- + r a I MINOR MODIFICATION / Ji' (E)TRASH d4i F:�• - 0Rev 9.18.199eswrvrq.. can `\ ' FNDL �I --• =I lei`�` • TIGARD y f/ % 7�7/ SS \\ �y4 I6�fi 11113.0 2�.7, App aved by Pianning / LOADING I , _ Date: -1' y I. CLEARANCE _%/,e ,, I �_ _, �C I, `, , ''.......10111.11 ,/////•.: .. -_ ■I///////// . Initials: I J/ /M91AL CIFAFAW p��,,� HIGH ifllCE/ - 26'EWER I( 4 I - .% _ ___.__...�... .. — �..�—..__.._._..— _—_ — I-- _ �► A100 1 sCAEe IP1�• i W`o• i SITE PLAN FOR REFERENCE ONLY I I t ,-r -T-.—r 1 T 11 II T I '' 1•• 1a I I I I I, IIII I I I I I I 1 I III I I I I I I I I I I I I I I I I 111,1 11'1 '1 1';, �; � � 1 I I ' ,; ,�� ;;;; I II 1 1 1 1 1 1 1 1 1 III 1 'I'' ' I I I I I I A 1 ' ' _1_1 \fill 1111 _1_1_1_J'L J_1_1_1_1_ SEP 3 0 2019 CITYOF i iGARD •2/.111•3/W """`"` PLANNING/ENGINEERING 10/1.10.OR l..1.1011114•11111•4 EXISTING AWNING TO REMAIN 1 ' ' ' ' ' ' ' ' I 1 1 T.O.STOREFRONT 1 1 1 1 1 1 , 1 I I I I 1 I IVI I I I - -- .-----� 1 1 111 1111 111111111 ( �� I �- I I II i1 I.� � I---� M 1I 11 / 11111 �� I 1 o— ,� -- EXISTING STOREFRONT -- a -- TO REMAIN • 11 . 1111 1 1 i 11 • 1 1 I1 14 ' M�� 111111111 ( 1 I 1 -- 1 I 1 I I PU I I 1111 1 1 111 1111111. 111 1 111 11 ' ,. �I'-1 1_1_1_1, �'L-L_1 ' BASE LEVEL G - DEMO STOREFRONT FOR NEW STOREFRONT V WITH ENTRY DOOR. MATCH EXISTING. . EXISTING NORTH ELEVATION - SCALE I me'•1•a 1 1 1 I JTT - I _--J 1'1 1 ' 1`1 I'1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 l I 1 1 1 1 I I 1 1 1 1 1 1 I I 1 I 1 1 1 1' 1 1 1 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 I I 1 1 1 1 1 1 I I 1 1 1 1 1 1 I l 1 1 1 1 1 I I I I I I I I I I 11 I I I I I I I I I III 1 1 1 1 1 L 11 J... I 1... 1 1-J...._JJ._l. 1 .LL.....-.1. I..- 1 1..I...1.. I 1 1 1 1 1 1 1 11_1 I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 TIGARD TOWNE SQUARE 16200 SW PACIFIC HWY ' SUITE �r' TIGARD / 01 OR 97224 - ANY SIGNAGE WORK UNDER SEPARATE PERMIT . EXISTING AWNING TO REMAIN • Project#18-121 I I 1 1 1 1 1 1 1 1 1 1 I I I I I 1 1 I 1 1 I I 1 1 I 1 I I._J�- i 1�.�- i 1-u_ 1 ,y..1 I� I 1 1 1 [ _ _ T.O.STOREFRONTAL MMIEM MIM MEI _--_- ---- 1 , 11 •i',',, -== = = 4,of __ 8 == ====- ; ;' 1 MINOR MODIFICATION MIIM�� —_ oE.te.1.�.a OWE --IMMiMMINIIMM t _• ��—• • III 111 '1111111 ' aS ----- T T IIIMMEIIIMI ---- • 11 1 111 •1=11•1•111.1111111•11M - -- \\---7 --_ — — — — LSI— �1 i u I_ I _ BASE LEVEL e NEW STOREFRONT WITH ENTRY DOOR. d8 MATCH EXISTING. ;IT'Yr r�LPARD►lanning I 2 NORTH ELEVATION Approved by SCALEI3/16•1.e' �o � I A Date: S A200 Initials. ENTRY ELEVATIONS APPLICANT MATERIALS RECEIVED Case #:/14/1/14N26/q— City ti/fG2 2Diq--- City of Tigard SEP 1 8 2019 D23 �r COMMUNITY DEVELOPMENTcPf, $ ! TT PLANN G/EN NEERING TIGARD® Master Land Use App cation LAND USE APPLICATION TYPE ❑ Accessory Dwelling Unit(ADL)) 0 Modification: X Type I O Type II O Adjustment 0 Planned Development: ❑ Annexation 0 Consolidated Plan O Comprehensive Plan Map Amendment U Concept Plan ❑ Conditional Use 0 Detailed Plan O Downtown Design Review: 0 Sensitive Lands Review: 0 Track 1 0 Track 2 U Track 3 0 Type I U Type II 0 Type III 0 Home Occupation—Type II 0 Site Development Review: 0 Type I ( 1 Type II O Land Partition 0 Subdivision 0 Lot Line Adjustment/Lot Consolidation 0 Temporary Use Permit 0 Marijuana Facility Permit 0 Urban Forestry Plan: 0 Miscellaneous: U Modification ( I Discretionary Review U Type II U Type III 0 Zoning Map Amendment PROJECT INFORMATION Project name: Tigard Towne Square - Suite G1 Brief description of project: Demising of an existing 3250 SF retail tenant space into 2 tenant spaces. Shell work only, future tenant improvement work under separate permits. New storefront with entry door to match existing. SITE INFORMATION Location (address if available): 16200 SW Pacfic Hwy - Suite G1 Tax map and tax lot number(s): W249281, R2037719 Site size: 3250 SF Zone: C-G General Commercial APPLICANT INFORMATION Name: Tyler Miller - Woodblock Architecture Mailing address: 827 SW 2nd Avenue #300City/State: Portland, OR Zip: 97204 Phone: 503.889.0604 Email: tyler@wblock.com Applicant's representative: Phone: Email: v,.«ndA.:r„N ivn .k:.::ff&Fni'oi'F+JE W - .,2uo.`utz'.t ..i 4�.#L&...,*=lf..l(sS„,v..i,v,# �rf,A x=:",3s.:>w-.h�_.,r•3..,.n,,,,{ e :u-#'�,.>.2a.ro-,.,i-..'n.sL..m� ...:�c.....2�..i✓.ar.Y-t., .lYv8Ai«�-.vl3Y,sr �,a�rNx-...s: ",e. City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of2 PROPERTY OWNER INFORMATION 0 Same as applicant // (Attach list for additional owners) ,,' �.. k5 G e f! Name: N ?ie5TN►Gi't/ re C�-S LIL , . ,•Cc..c.A--vr f /Z h / Ze LYt Mailing address: /12/ SW 'Salm ON 'SI .5)1e-- S• ° City/State:`=3/-4Jd-11 ' Zip: Q 7 Z o S Phone: 5-0-3 9-73 02S`t Email: / T -kr 0 Aa-rs(./i _ Cory) 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 tigardplannerondutv(htig rd-or,ppv. 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 an• •ccurate. 1......Ze• �i$-L t '1/it ill App App• nes signature* Print name / /�/ Date t /11/1 CI 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.: AAa �!� .9 1�' C� k� lication fee: / Received by Date: al.117/, Related Case(s): Determined complete by: _ _ Date: q12 1q City 0/Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 2of2 ' • _.dngton County,Oregon 2002 051985 05/01/2002 02:44:53 PM D•DW Cnta1 Stna10 K GLADDEN $45.00$0.00$11.00 •Tote1002.00 RECEIVE SEP 18 Z019JerryHanso000840212002000irector519960090095 R� and Taxation ; „ and Ex-Officio County Clerk for Washington County, CITY OF TIGAG do hereby certify that the within Instrument of writing • PLANN1NC'� G�NEER�N was received and recorded In the boys of ds of " 7: EN add county. 11_.. 4 Jerry R.Hanson,Director asesament and Taxation,• . Exdfflcl o County Clerk STATE OF OREGON SS SPECIAL WARRANTY DEED ,ounty of Washington r I, J: ... �r z•:C of Assess- that ment an. � 4 1.. Clerk for��1,��,�t�*��'�'"��`�' .' ° County GRANTOR'S NAME AND ADDRESS: , � ` e�ceived the with07 .�.r:.x and re' a e.' n�`,�`` . ,... , ; , f said count �-'; * *�,- ' BIT Holdings Twelve, Inc. 1\16y1t a R " 4 a l:o� Attention: Mr. David C. Schenning l� ,,# uc , ., `* 4,1-IN Vice President �y� �* ,.S' ,�` �*;� Two Hopkins Plaza Suite 804 \ r x � . �� *;� '�� erector of Baltimore, Maryland 21201 ; , ..e, : r5..-axation,Ex- t Off `L• .=.: Cle `�' GRANTEE'S NAME AND ADDRESS: Doc : 2000088325 Recti: 265972 13232. 00 SN Properties Partnership 10/31/2000 U8:28:50am VAttention: Mr. Edward P. Borst Senior Vice President,Acquisitions 1121 SW Salmon Street k\ Portland,Oregon 97205 � WASHINGTON COUNTY After recording, return to: q vimREAL PROPERTY TRANSFER TAX ) sI3I7soQ /0 - 3/-00 K.L. Bork �. /. Ticor Title Insurance Company \ ` FEE PAID DATE 1000 SW Broadway, #1555 LitI Portland, OR 97205 ;:" Until requested otherwise,send all tax CC statements to: 0 SN Properties Partnership �.. Attention: Mr. Ted Malaska, ist Vice President,Taxation CO 1121 SW Salmon Street '® Portland,Oregon 97205 GP '� SPECIAL WARANTY DEED—STATUTORY FORM V (CORPORATE GRANTOR) CC BIT HOLDINGS TWELVE, INC., a corporation duly organized and existing under the laws of the State of Maryland*Grantor, conveys and specially warrants to SN PROPERTIES PARTNERSHIP, an Oregon general partnership, Grantee, the real property described on Rider 1 attached hereto, free of encumbrances created or suffered by Grantor, except as set forth on Rider 2 attached hereto, situated in Washington County, Oregon. *who took title as BIT HOLDINGS LIMITED PARTNERSHIP, a Maryland limited partnership CO The property is free of all encumbrances created or suffered by Grantor, except as rr^ set forth on Rider 2 attached hereto. (J The true consideration paid for this conveyance is an amount equal to Thirteen Million One Hundred Seventy-Five Thousand Dollars ($13,175,000).** **Which is paid by a Qualified Intermediary as part of an IRS Section 1031 deferred exchange. This deed is being re—recorded to clarify the Grantor's name. Previously recorded as document no. 2000088325 1 .28 1111111 Ell 111 2002-51985 Done by order uI Grantor's board of directors with its corporate seal, if any, affixed on October 26, 2000. THIS INSTRUMENT WILL NOT ALLOW BIT HOLDINGS TWELVE, INC. USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND By: � to , Vice President • REGULATIONS. BEFORE SIGNING OR David chenning ACCEPTING THIS INSTRUMENT, THE PERSON QCQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE ,p , �*!� , .I � ,/ APPROPRIATE CITY OR COUNTY i 'd� '��10LW ililai"-'�'a�"� �► ^% 'o• PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN OREGON 30.930. STATE OF MARYLAND, CITY OF BALTIMORE) ss. This instrument was acknowledged before me on October 26, 2000 by David C. Schenning, as vice president of BIT Holdings Twelve, Inc. c * �. Notary Public AMY= My commission expires: 4 I a-" °Z °O0 INSUCVNIEOF NY COMMON ENNIINNLIONS ti 'ti'• Lys it/ • ,,.). ' ; ' 2 BA3:154966.3 2 111111111 111111 2002-51985 I II 111111111 1 11 111 11 ' RIDER 1 TO DEED LEGAL DESCRIPTION 2002-51985 PARCEL 1: Parcels 1 and 2, PARTITION PLAT NO. 1994-028, in the City of Tigard, County of Washington and State of Oregon; EXCEPTING THEREFROM that portion of Parcel 2 conveyed to Albertsons, Inc., by Deed recorded July 9, 1999 as Recorder's Fee No. 99082159 and described as follows: Beginning at the Southwest corner of said Parcel 2, PARTITION PLAT NO. 1994-028; thence along the Westerly line of said Parcel 2 North 00° 02' 39" West, 144.43 feet; thence South 89°57' 21" West, 7.00 feet; thence North 00° 02' 39" West, 345.83 feet; thence North 89° 57'21" East,44.30 feet;thence leaving said Westerly line South 00°02' 39" East, 345.85 feet; thence North 89° 57' 21" East, 7.00 feet; thence South 00° 02' 39" East, 144.46 feet to the Southerly line of said Parcel 2; thence along said Southerly line North 89° 58'42" West, 44.30 feet to the point of beginning. PARCEL 2: That portion of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point on the East line of the Northwest quarter of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon, which point bears South 00°08' 50" East 645.17 feet from the quarter corner on the North line of said Section; thence South 00° 08' 50" East along the East line of the Northwest quarter of said section, a distance of 383.17 feet to a point which is 20.00 feet North 00°08' 50" West from the Southeast corner of that tract of land conveyed to Mountain Park Health Care Facilities, Inc. by Real Estate Contract recorded in Book 1121 page 125, Deed Records for Washington County, Oregon; thence South 88° 19' 48" West 650.21 feet to an iron rod on the Easterly right of way line of SW Pacific Highway and marking the Southwest corner of said Mountain Park Health Care Facilities Tract; thence Northeasterly along said right of way line on the arc of a 3769.72 foot radius curve to the right (the chord of which bears North 14° 35' 31" East 400.72 feet) a distance of 400.91 feet to an iron rod opposite Engineers Station Ln 212+45.73 P.S.C.;thence Northeasterly continuing along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 17° 46' 13" East 1.13 feet)a distance of 1.13 feet to a point on the South line of that tract of land conveyed to Herbert W. Dayson and Betty Jean Dayson by deed recorded in Book 479 page 136, Deed Records of Washington County, Oregon; thence North 89° 50' 18" West along said South line, a distance of 10.49 feet to a point marking an angle point in said Highway right of way line; thence Northeasterly along said right of way line on the arc of a 3779.72 foot radius curve to the right (the chord of which bears North 17° 37' 24" East 2.02 feet) a distance of 2.02 feet to a point opposite Engineers Station Ln 212+45.73 P.S.C.; thence Northeasterly along said right of way line on the arc of a spiral curve to the right (the chord of which bears North 19° 31' 45" East 372.85 feet) a distance of 372.89 feet to an iron rod opposite Engineers Station Ln 208+70.73 P.S.; thence North 20° 34' 58" East continuing 3 BA3 154966.3 3 along said right of way erne, a distance of 362.67 feet to an iron rod; thence North 65° 27' 40" East 28.16 feet to an iron rod on the Southerly right of way of the relocated portion of Durham Road; thence South 69° 30' 00" East along the Southerly right of way line of said Durham Road, a distance of 135.49 feet; thence South 00° 02' 39" East 362.38 feet; thence North 89° 57' 21" East 29.18 feet; thence South 00° 02' 39" East 137.33 feet; thence South 89° 57' 21" West 7.00 feet; thence South 00° 02' 39" East 144.12 feet; thence South 89° 58' 42" East 130.18 feet to the point of beginning; EXCEPTING THEREFROM that portion thereof conveyed to System Capital Real Property Corporation by Deed recorded May 17, 1999 as Recorder's Fee No. 99059949 and described as follows: Beginning at a point that is South 0° 08' 50" East, 59.00 feet along the East line of the Northwest one-quarter of said Section 15, and North 89° 55' 20" West, 179.96 feet from the North one-quarter corner of said Section 15; thence South 0° 04' 40" West, 200.00 feet; thence North 89° 55' 20" West, 200.00 feet; thence North 0° 04' 40" East, 89.97 feet to a point on the Easterly right-of-way line of S.W. Pacific Highway; thence along said Easterly right-of-way,North 20° 34' 58" East, 117.47 feet; thence South 89° 55' 20" East, 158.85 feet to the point of beginning. PARCEL 3: Beginning at the Southwest corner of Parcel III as described in a Real Estate Contract to William Brownson II and Judith M. Brownson, recorded September 16, 1980, as Recorder's Fee No. 80032465, which point bears South 00° 08' 50" East 695.17 feet from the one-quarter corner on the North line of Section 15, Township 2 South, Range 1 West of the Willamette Meridian, in the County of Washington and State of Oregon; thence North 00° 08' 50" West along the East line of the Northwest one-quarter of said Section 15, a distance of 50.00 feet; thence South 89° 58' 42" East parallel with the South line of said Brownsen tract, 629.86 feet to a point on the West line of S.W. 113th Avenue; thence South 00° 09' 02" East along the West line of said street, 50.00 feet to a point on the South line of said Brownson tract; thence North 89° 58' 42" West along said South line, a distance of 629.86 feet to the point of beginning. PARCEL 4: An easement for parking, ingress and egress, over the land described therein pursuant to the terms and provisions thereof as granted in that certain Declaration of Restrictions and Grant of Easements recorded June 12, 1987 as Recorder's Fee No. 87030100, as amended by instrument recorded July 9, 1999 as Fee No. 99082160, Records of Washington County,Oregon. 4 I3 A3 154966.3 2002-51985 L c-• 1_,-II . 2002-51985 RIDER 2' TO DEED 1. Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded: May 10, 1952 Book: 332 Page: 387, as amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 2. Access Restrictions, including the terms and provisions thereof, contained in Deed, To: State of Oregon, by and through its State Highway Commission Recorded: June 24, 1952 • Book: 334 Page: 98, as amended by instrument recorded June 26, 1972 in Book 874, Page 100 and further amended by instrument recorded February 5, 1988, Fee No. 88-05090 Records of Washington County, Oregon. 3. Easement(s) as created in instrument, including the terms and provisions thereof, To: adjacent property owners Recorded: October 28, 1963 Book: 499 Page: 220 Records of Washington County, Oregon. For: roadway purposes , 4. Easement(s) as created in instrument, including the terms and provisions thereof, To: Portland General Electric Company, an Oregon corporation Dated: November 1, 1972 Recorded: October 28, 1963 Book:, 910 Page: 221 Records of Washington County, Oregon. For: power lines 5, Easement(s) as created in instrument, including the terms and provisions thereof, To: Tualatin-Franklin, a joint venture of Tualatin Development Co., Inc., an Oregon corporation and Franklin Service Corporation, an Oregon corporation Dated: August 29, 1974 • Recorded: September 30, 1974 Book: 990 Page: 944 Records of Washington County, Oregon. For: sewer pressure line 6. Easements for existing public utilities in vacated sheet area and the conditions imposed thereby. Ordinance No.: 75 29 5 • ////0 c•cun'i 1111111111111 I 1111111 11%.•• ami I ...,, .. 2002-51985 70 Easement(s) as created in instrument, including the terms and provisions thereof, To: City of Tigard Recorded: June 12, 1987 Fee: 87030098, re-recorded October 14, 1987, Fee No. 87052056 Records of Washington County, Oregon. For: sanitary sewer 8. Declaration of Restrictions and Grant of Easements, including the terms and provisions thereof, By and Between: Westwood Corporation, an Oregon corporation and Albertson's Inc., a Delaware corporation Dated: June 8, 1987 Recorded: June 12, 1987 Fee No,: 87030100, as amended by instrument recorded July 9, 1999 as Fee No. 99082160 9. Common Area Maintenance Agreement, including the terms and provisions thereof, Between: Westwood Corporation, an Oregon corporation; and Albertson's Inc., a Delaware corporation Dated: June 8, 1987 Recorded: June 12, 1987 Fee: 87030101, as amended by instrument recorded July 9, 1999 as Fee No. 99082161 Records of Washington County, Oregon, 10. Easement(s) as created in instrument, including the terms and provisions thereof, To: City of Tigard I Recorded: June 12, 1987 Fee; 87030780, re-recorded October 14, 1987, Fee No. 87052055 Records of Washington County, Oregon. For: , storm drainage 11. Boundary Line Agreement, including the terms and provisions thereof, Between: William Wessinger and Frederic Wessinger doing business as W & F Properties and Westwood Corporation, Developers and Contractors, an Oregon corporation Dated: February 10, 1988 Recorded: February 26, 1988 Fee: , 88,07836 Records of Washington County, Oregon. III IIIIIIIIII III 11111 s 2002-51985 00/ 12. a. Covenant Not To Compete, including the terms and provisions thereof, Between: Westwood Corporation, Developers and Contractors And: McDonalds Corporation Recorded: December 8, 1988 Fee: 88-54663 Records of Washington County, Oregon. b, Restrictive Covenant, including the terms and provisions thereof, Executed by: BIT Holdings Twelve, Inc., a Maryland corporation, as successor in interest to Westwood Corporation In favor of; System Capital Real Property Corporation, a Delaware corporation Recorded: May 17, 1999 Fee: 99059950 Records of Washington County, Oregon. 13. Conditions and Restrictions contained in Memorandum of Lease, including the terms and provisions thereof, Between: Westwood Holding Corporation and Pay Less Drug Stores Northwest, Inc. Recorded: April 14, 1989 Fee No.: 89-16522 Records of Washington County, Oregon. 14, Easement, as shown on the recorded Partition Plat No. 1994-28 For: private access easement for Parcel 1, Partition Plat No. 1994-28 Records of Washington County, Oregon. Affects: a 24 foot wide strip across Parcel 2, Partition Plat No. 1994-28 lying adjacent to the South line of Parcel 1, Partition Plat No, 1994-28 and the Easterly extension thereof 15. Conditions and restrictions, including the terms and provisions thereof, as set forth and as disclosed by Section 6 of Memorandum of Lease Between: BIT Holding Twelve, Inc,, a Maryland corporation and Marshalls of MA, Inc., a Massachusetts corporation Recorded: April 10, 1998 Fee; 98036774 Records of Washington County, Oregon. 7 Gui I'' I II 111111111 I 1111111 ( Ltd, • ze 2002-51985 16. Subject to the rights of party or parties in possession, as tenants only, in accordance with any leases affecting portions of said land for the term and upon the terms, covenants, conditions and provisions therein contained, limited to those leases listed in the Rent Roll delivered by Grantor to Grantee concurrently with the Deed. 17. Any rights, interest or claims which may exist or arise by reason of the following facts shown on survey by Clarence E. Barker of said land dated June 19, 1989, last revised May 30, 2000, Job No. 00036, .a) Traffic sign post in Northwest corner of Parcel 1 b) Guy and anchors along East line of Parcel 1 • APPLICANT MATERIALS WOOD BLOCK RECEII/ED ARCHITECTURE SEP 182019 CITY503 889 0604 PLANNIN OF TIGARD 827 SW 2ND AVENUE #300 G/ENGINEERING PORTLAND OREGON 9304 W .0C K.COM September 18, 2019 RE: Tigard Towne Square - Minor Modification Narrative 16200 SW Pacific Hwy, Suite Gi Tigard, OR 97224 Project Location The project site is located at Tigard Towne Square - 16200 SW Pacific Hwy, Suite Gi, Tigard, OR. The site is identified as Tax Lot R2o37719 and property ID W249281. Site Characteristics The site is zoned C-G and is a 3250 SF existing tenant space in the Tigard Towne Square shopping center. Project Details This project adds a demising wall to divide an existing retail space into 2 future retail tenant spaces. They will be cold dark shells with future tenant improvement work being done under separate permits. New storefront with an entry door will replace the existing storefront and a new rear egress door will be added. Both to match existing systems in place. Any future signage to be under separate permits Approval Criteria for a Development Review Application 1. Commercial Zone Development Standards of the base zone C-G: 18.320.020 A. Base zone development standards: Project proposes no change to existing lot size, width, setbacks, height, coverage, landscape area, or FAR. B. Landscaping and screening: Project proposes no change to the landscape area, screening, or tree canopy. ■ w C. Pedestrian access: All existing pedestrian paths are unaltered and meet requirements for safe convenient access between buildings. D. Utilities and service areas: Project proposed no change to utility facilities or service areas. E. Lighting: Project proposes no changes to the existing illumination levels or light shielding throughout the shopping center. 2. Design Standards: 18.320.050 A. Entrances. 1. Project proposes a new storefront with entry door to match existing adjacent storefront systems. This will provide the required one entrance per building, visible and accessible from a public street. 2. New entrance faces the street 3. Entrance is covered by an existing canopy greater than 3 ft in depth and less than 6 ft above the entrance. B. Windows: The tenant 1 space has 82% ground floor windows and the tenant 2 space has 81% ground floor windows. This meets the minimum requirement of 5o% window area on all ground floor facades. 3. Additional Standards: 18.320.060 A. C-N and C-C zones: The project is in the C-G zone so this section does not apply. B. C-G zone within the Tigard Triangle: The project is in not within the Tigard Triangle, so this section does not apply. Tyler Miller- Woodblock Architecture tyler(awblock.com - 971.420.0990 PAGE L. RECEIVED WOOD SEP 2 6 2019 CITY OF TIGARD BLOC K PLANNING/ENGINEERING ARCHITECTURE 503.882.0604 827 SW 2ND AVENUE #300 PORTLAND, OREGON 97204 WBLOCK.COM September 26, 2019 RE: Tigard Towne Square - Minor Modification Narrative 16200 SW Pacific Hwy, Suite G1 Tigard, OR 97224 Project Location The project site is located at Tigard Towne Square - 16200 SW Pacific Hwy, Suite Gi, Tigard, OR. The site is identified as Tax Lot R2o37719 and property ID W249281. Site Characteristics The site is zoned C-G and is a 325o SF existing tenant space in the Tigard Towne Square shopping center. Project Details This project adds a demising wall to divide an existing retail space into 2 future retail tenant spaces of 1751 SF (tenant 1) and 1495 SF (tenant 2). The previous tenant was Cardworks which sold greeting cards and stationary. At this time future tenant 1 is unknown and tenant 2 will be Bliss Nail and Spa which is relocating from another space in the same building. They will be cold dark shells with future tenant improvement work being done under separate permits. New storefront with an entry door will replace the existing storefront and a new rear egress door will be added. Both to match existing systems in place. Any future signage to be under separate permits Approval Criteria for a Development Review Application 1. Commercial Zone Development Standards of the base zone C-G: 18.320.020 A. Base zone development standards: Project proposes no change to existing lot size, width, setbacks, height, coverage, landscape area, or FAR. B. Landscaping and screening: Project proposes no change to the landscape area, screening, or tree canopy. C. Pedestrian access: All existing pedestrian paths are unaltered and meet requirements for safe convenient access between buildings. D. Utilities and service areas: Project proposed no change to utility facilities or service areas. E. Lighting: Project proposes no changes to the existing illumination levels or light shielding throughout the shopping center. 2. Design Standards: 18.320.050 A. Entrances. 1. Project proposes a new storefront with tempered glass entry door to match existing adjacent storefront systems. This will provide the required one entrance per buili-s-ibTe and accessible from a public street. 2. New entrance faces the street 3. Entrance is covered by an existing canopy greater than 3 ft in depth and less than 6 ft above the entrance. B. Windows: The tenant 1 space has 82% ground floor windows and the tenant 2 space has 81% ground floor windows. This meets the minimum requirement of 5o% window area on all ground floor facades. 3. Additional Standards: 18.320.060 A. C-N and C-C zones: The project is in the C-G zone so this section does not apply. B. C-G zone within the Tigard Triangle: The project is in not within the Tigard Triangle, so this section does not apply. Tyler Miller- Woodblock Architecture tyler(awblock.com - 971.420.0990 PAGE 2 AAA f0 20 9- .AL3 RECEIVED TIGARDTOWNE SQUARE SEP 2 6 2019 16200-16230 SW Pacific Hwy,Tigard,Oregon,97224 CITY OF TIGARD rr NNING/ENGINEERING Four Way Signal X SW DURHAM ROAD \ •"�, � �/ uinnnnninu • Bank of Chase r 1--, e P P PP pr _ The West Bank F_-- lia . NAP McDonald's , " PPP ; / _ 1--- AO A100 = a1 = t/1 panda U\\\\\\\\0 ` EkPreSS lin -, Illi I I IIIIIl1I1Nlllllll c<<rrte ` 1: NAP `u_ o `_',`_ a y aesa�s S `�.. u, „c.U .~o'�j m Anytime peR�R _ �a��aNoy Uc a=m'y Fitness yS VACANT a ` »��m ' , grsCuits n\\\\\\\c = Gentle 'A FORMER I r "^. (�\ - Dental GROCER Rite Aid �l\ \\\V - Unit it6 / \ \ ,L vA 0) ar 2,C67Sf ,\\` Dotty's \ V (`1\\1\\\\\\\\\\\\� = Subway `.. Dog Spa \ • \I Co W44(:) &\\\\\\\\\\\\\\ l Ma v it \\\\11.21 . 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