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MIS1998-00024
• • •T a;;. 3NOTICE OF ECISION„> :'-‘ ';;W: 'z r.- -.�'�'�J r�=• .Sn.2}cfrK.% `' z .rA s ;: .: ::r�_ i. Y36; «; LOT LINE ADJUSTMENT(1111$198=0024'. ;= \���''•�;"'y4"4 �;�,;;.y�w•.,,.^',�y,z - - ;:z^; MF���°'r',:. _ a'?a-;;;! :.� ., i --- --” ...� =DALBE't LOT LINE ADJUSTMENT ?'.P i ' ' w:-:°Comm ry c'0,4 pment �. `", : .SFia A;�etter Community,,° 120 DAYS = 5/6/99 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: DALBEY LOT LINE ADJUSTMENT Lot Line Adjustment (MIS) 98-0024 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between two (2) parcels under common ownership. APPLICANT/ Kurt Dalbey OWNER OWNER - 7125 SW Hampton Street PARCEL 2: Same PARCEL 1: Tigard, OR 97223 LOCATIONS: The parcels are located on SW 68th Avenue, south of SW Franklin Street and north of SW Hampton Street. PARCEL 1: 12670 SW 68th Avenue; WCTM 2S101AD, Tax Lot 01700. PARCEL 2: 12550 SW 68th Avenue; WCTM 2S101AD, Tax Lot 00800. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment; MUE. ZONING DESIGNATION: MUE; Mixed Use Employment. The purpose of the MUE zoning district is to create a mixed use employment district to provide opportunities for employment and for new business and professional services in close proximity to retail centers and major transportation facilities, to provide for major retail goods and services accessible to the general public and minor retail goods and services accessible to the public which works and lives within the MUE district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520. SECTION II. DECISION au�-. ,.`s'.: , :sew.:'; .`,`t'-z 7° ._ Notice is#ierebyy ggiver thaf the SCE pf j ardiCorr muii ,=Develo p meat=Director's•desi noeP = has APPROVED`the above request subject to°'ce tain conditidnsof a "'r"oval: 'yg Thefndinggs andIconclusions:on#which-:th9 d ecisiontis'ba"sed;are.hoted;�in Section I�/: *�'"�: '=•-,.,. �:'a`;•rfr."a .s ..,,.'2r;., '�i;;f:,d;"ac�u?1,'<::3;.IFT� .. r'"l.�v' sr';:. :^� ". ., •=Sl�•;: , >,,; ,,r.r,'�sa:�s:%� i:: ` NOTICE OF DECISION MIS 98-0024-DALBEY LOT LINE ADJUSTMENT PAGE 1 OF 4 • • CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE;LOT LINE,ADJUSTMENT,THE FOLLOWING CONDITIONS SHALL BE SATISFIED UNLESS OTHERWISE.NOTED,-THE STAFF CONTACT SHALL BE BRIAN RAGER IN THE ENGINEERING DEPARTMENT(503);039-4171. 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. 2. A reciprocal easement which will ensure access and maintenance rights shall be reviewed and approved by the City prior to being recorded with the approved Lot Line Adjustment map. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS =FROM THE EFFECTIVE DATE OF THIS DECISION SECTION III. BACKGROUND INFORMATION Site Information: The site received Site Development Review approval in 1997 (SDR 97-0003) as the Gonzaga Business Park. The site is comprised of two (2) parcels of land, Tax Lot 00800 and Tax Lot 01700. The approved Business Park remains undeveloped at the present time. The project will include two (2) flex-space buildings and associated parking. Proposal Description: Under the existing parcel configuration, one (1) of the Business Park buildings would have straddled a property line. A condition of approval of the Site Development Review (SDR) required that the lots be consolidated in order to remove this condition. The current property owner proposes instead, to adjust the common property line so that each building sits on a separate lot. Staff agrees that this approach will meet the intent of the aforementioned Condition of the Approval. The applicant proposes to adjust the common property line between the subject parcels as shown on the Lot Line Adjustment map. Tax Lot 00800 currently contains approximately 1.30 acres and Tax Lot 01700 contains approximately 0.30 acres. The adjustment would move the common boundary line from its current north-south orientation to an east-west orientation as shown on the Site Plan exhibit map. The adjustment would result in a transfer of approximately 0.60 acres from Tax Lot 00800 to Tax Lot 01700. Final parcel sizes after the proposed adjustment would be approximately 0.67 acres (Tax Lot 00800) and approximately 0.90 acres (Tax Lot 01700). NOTICE OF DECISION MIS 98-0024-DALBEY LOT LINE ADJUSTMENT PAGE 2 OF 4 • • SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT -APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: 18.410.040 -Approval Criteria. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The underlying zoning is MUE, which has no minimum lot size for commercial uses (TMC 18.520.2). Therefore, this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The proposed Lot Line Adjustment would reduce the size of Tax Lot 00800 and increase the size of Tax Lot 01700. This standard, therefore, applies only to Tax Lot 00800. As noted above, there is no minimum lot size in the MUE zone for commercial uses. The minimum lot width is 50 feet, however, the proposed lot line adjustment would not affect the width of either Tax Lot. Furthermore, the MUE zone requires no setbacks except where residential zoning abuts a commercial use. Since the site is surrounded by property under MUE zoning, no setbacks are required. The lot line adjustment will not affect the approved site coverage or landscaping. The MUE zone also requires a maximum Floor Area Ratio of 0.40 that the proposed Lot 800 does not meet. According to the applicant's information and detailed site plan, the adjusted Lot 800 would have an area of 29,250 square feet and a building size of 11,700 square feet. This equates to a Floor Area Ratio of exactly 0.40. Based on the above analysis, therefore, this standard is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: A. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; B. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; C. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and D. Setbacks shall be as required by the applicable zoning district. As noted above, the underlying MUE zoning district has no setback or minimum lot size requirements. Therefore, a., b. and d., above do not apply. With regard to c., above,.a partition is not proposed at this time; however, both lots have 130 feet of frontage on a public street (SW 68th Avenue) which is in excess of the 50-foot minimum. Therefore, the above standards are either satisfied outright or do not apply. NOTICE OF DECISION MIS 98-0024-DALBEY LOT LINE ADJUSTMENT PAGE 3 OF 4 • • With regard to flag lots: A. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. B. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Neither lot is a flag lot, therefore, this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. No access way is being created or altered; therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The site plan indicates that a 30-foot access easement is proposed to provide access to the two parcels. After the proposed Lot Line Adjustment, this easement would be centered on the common property line. Condition of Approval #2 requires that a reciprocal easement which will ensure access and maintenance rights shall be reviewed and approved by the City and then recorded with the approved Lot Line Adjustment map. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. The access way was reviewed and approved as part of the original Site Development Review. The proposed Lot Line Adjustment will not alter the access way, therefore, this standard does not apply. SECTION V. PROCEDURE AND APPEAL INFORMATION A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. - THIS DECISION IS FINAL AS CW JAN-UARYI6, 1999:;_,F, THE EFFECTIVE DATE OF THIS DECISION SHALL BE JANUARY 27, 1999. I Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Bo lev. d, Tigard, Oregon at (503) 639-4171. r / '� January 26. 1999 PREPARED BY: Mark J. Roberts DATE •ssocia e Planner - January 26. 1999 APPROV D BY: Richard Bewer :o• DATE Planning Maria. -r is\cu rpl n\mjr\mis\mis98-24.IIa NOTICE OF DECISION MIS 98-0024—DALBEY LOT LINE ADJUSTMENT PAGE 4 OF 4 I • 5'-DEDICATION PER SITE DESIGN REVIEW. I I N89'57'00"E 230.00' 5.00' TAX LOT 800 o ORIGINAL SIZE = 1.30AC o NEW SIZE = 0.67AC rn PROPOSED BUILDING o ENVELOPE Pi W P L o PROPOSED ACCESS Z Q z EASEMENT 30' i W 00 pl l ". M E 00 NEW PROPERTY LINE l'''(0 N89'5700"E 100.00' [ N89'57'00"E 130.00' N LL. ----7-- Cl. w • W Z o J O G o >- M H M TAX LOT 1700 w Z ORIGINAL SIZE = 0.30AC 2 Z NEW SIZE = 0.90AC 0- W o W J O W Z o o Z o PROPOSED BUILDING o Q o EE Z ENVELOPE 00 J o a! z z CL L 30' IX N89.57'00"E 100.00' EXISTING 30'---„..j z ACCESS EASE. Q 1 0 o TL 1600 0 Nam o f EXISTING 60' UTILITY EASE._ 60' V'- APPLICANT/OWNER: o O 0 KURT DALBEY 7125 SW HAMPTON ST. Nass7'oo'E 130.00' PORTLAND, OR 97223 (503)670-3000 TL 1000 V LEGAL: 2S-1W-SECTION 1(AD) I i I TAX LOTS 800, 1700 SW HAMPTON STREET (map is not to scale) SITE PLAN T DALBEY LOT LINE ADJUSTMENT MIS 98-0024 EXHIBIT MAP N CITY of TIGARD GEOGRAPHIC INFORMATION 6YCTEM 2 J FRANKLIN VICINITY MAP • a co DALBEY ST W LOT LINE ADJUSTMENT TWO (2) SUBJECT BEVELAND ST • PARCELS MIS 98-0024 , ..k e'''‘°\...\,'N\ ' \N\NI GONZAGA ST _ CO C.0 0 -____________ -_.___________. . SW N / `\-" HAMPTON ST 0 100 200 300 Feet 1"■245 feet . A City;of Tigard Information on this map is for general location only and c should be verified With the Development Services Division. Q 13125 SW Hall Blvd Ni Tigard,OR 97223 (503)639-4171 http://www.ci.tipard,or.us •Plot date:Jan 14, 1999;C:Unagic\MAGICO2.APR Community Development • • January 25, 1999 ( crry OF TI OREGON Mr. David Bissett David Bissett & Associates 322 NW 5th Avenue Portland, OR 97209 RE: Dalbey Lot Line Adjustment (MIS) 98-0024 Dear Mr. Bissett: I have received your detailed site plan and Floor Area Ratio figures. Thank you for your prompt response. Based on that information, I was able to complete the approval of the Lot Line Adjustment (Staff Report enclosed). At this time, therefore, the first two phases of the program we originally outlined are complete — namely, you have demonstrated compliance with Condition of Approval #11-A through 11-N of your previous land use approval (SDR 97-0003). The Tree Mitigation calculations dated 12/22/98 are sufficient to satisfy Condition #11-K. The approved Lot Line Adjustment satisfies the intent of Condition of Approval #10 as previously discussed. At this point, therefore, you can proceed with a Minor Modification application. Please submit 2 copies of your proposed site plan with a cover letter addressing the modification criteria under TMC 18.360.050 — 060. If you have any questions or wish to discuss your application prior to submittal, please feel free to call me at (503) 639-4171 x315. Sincerely, ' Mark J. Ro•erts Associate Planner is\curpin\mjr\sdr\bisset2.1et Enclosure (1): MIS 98-0024 Notice Of Decision c: SDR 97-0003 Land use file MIS 98-0024 Land use file 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD(503)684-2772 4 JAN-19-1999 16:08 1ENERABLE - BISSETT 503 224 2311 P.01/04 A ■ /A1 DAVID BISSETT&ASSOCIATES ARCHITECTURE• PLANNING. INTERIORS • MEMORANDUM Postdr ax • e 7671 ' iritr 1 To:Mark Roberts ToilArA �� �f Co./Dept. Go. City of Tigard From:David Bissett O"e Phone e Fax* Fax# Re:Lot Line Adjustment Gonzaga Business Park SDR 97-0003 To follow up on our phone conversation today,please note that the"FAR"is.40 max.for each of the two parcels being created by this lot line adjustment application.Based on the smaller of the two parcels (tax lot 800),the FAR is calculated as follows: 225.0 ft.x 130.00 ft.=29,250 sq.R. (TL 800 gross area/0.67 AC is approx,) 29,250 x.40=11,700 sq.ft.(max.bldg.Fir.Area) The gross floor area for each of(2)matching buildings for TL 800(Bldg. `A')&TL 1700(Bldg. `B') is 11,700 sq.ft.to meet the FAR.requirement.Attached is a copy of the proposed site plan indicating the building area. Also attached is a copy of the revised lot line adjustment plan,dated 12/30/98 as submitted to the city for approval. I understand that this memo/clarification completes the pending approval of the application. Your final written confirmation will be greatly appreciated. . Thank • Mir: A. B - - • ,trARBNI cc:Mr. Kurt Dalbey Sisul Engineering project file • 322 NW 5th Avenue • Portland,Oregon 97209 - (503)226-6785 • FAX(503)224-2311 ' • "JAN-19-1999 16 06 VENERABLE - BISSETT • 503 224 2311 P.02/04 5" DEDICATION PER SITE DESIGN REVIEW. I k •� N 957'00 230.00' I — • 5.00' { • . TAX LOT 800 { { b. - ORIGINAL SIZE = 1.30AC• 0 0 NEW SIZE = 0.67AC . • ' PROPOSED BUILDING { • { ENVELOPE i . S • • Q S PROPOSED 30CESS EASEMENT { $ N89'57'00'E 95:00' NEW PROPERTY LINE T- ( N- N89'5700"E 100.00' �1 N89'57'00"E 130.00' Cn W Z n . J pp S - n Sj 0_ TAX LOT 1700 tee. •-IGINAL SIZE .= 0.30AC 2 NEW SIZE = 0.90AC - S W tg z i PROPOSED BUILDING v 5 ENVELOPE 8 z O z • lN8917'00'E 95.00' •� N5917'00'E ,00.00' --') EXISTING 30' -r 30' § ACCESS EASE. 7L 1800 g g i EXISTING 60' UTILITY EASE' �� 60' APPLICANT/OWNER: _ r:Q... KURT DALBEY 7125 SW HAMPTON ST. N8937'00 E 130.00 PORTLAND, OR 97223 (503)670-3000. TL 1000 LEGAL: 2S-1W—SECTION 1(AD) I TAX LOTS 800, 1700 . ii • N . • i1 12/30198 ADDED DEDICA110N•Pt. DI1A CP. SISUL ENGINEERING NO. WE 8ESCRl71GN f 8! 976 PO REVISION BOX (eea - eveaciall 9ZOa7 SCALE: 1''.50' JAN-19-199_9_ 16:09 VENERABLE - B I SSETT 503 224 2311 P.03/04 A Division of Simi! Enterpri!Inc Lg L5 l ° wg UlfLAL 375 Portland Avenue GLADSTONE, OR 97027-2450 DATE JOB NO (503) 657-0188 1Z t30)q8 a,-CO3- FAX(503)657=57.79 ATTENTION Plavtrkiwick 54A0G RE: TO oG tic ark Govmar But.ive s Pe►.1L G14.‘ Fite Oa.: • +Sc►g-oozu Lok L,v+e sd�.is�vwe+r+� • WE ARE SENDING YOU ft Attached ❑ Under separate cover via the following items: >, ❑ Shop drawings El Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION io 1z/3o145, Rt ti9et:I Loo L►we A,1)us}w,er+t- Ptav+. tv.dtcakes divArAslov.S UA4■ %hew) dedwca4 ev. 01041 SW 1o5+10 A..'s, • • THESE ARE TRANSMITTED as checked below: CM For approval ❑ Approved as submitted 0 Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US -REMARKS you avm ques4-Coss Please Veet r-wee (-e CAM4.acA. .is- Cw4- Pelt*-Z - S►64.11 f adii {eevwi3 los7-04 se._ • • • • COPY TO ba,.artcl eoiybc44 JsSsodc►4es SIGNED: Gas s As /b �r enclosures are not as noted kindly notify us at once. r----------------------- REAR DRYEWAY ------------------------------------7 ' NORTHEAST PARKING AREA SOUTHEAST PARKING AREA r MAW 1'A'i.�I'L'Ib . .�ia'f►._a�'-_ EMP_aSURE . I. a 4111 r At.: 1. Ai 1G Gj`'�mad A / .-����-``�; U 4 RV"731111` I lilir ge.o... [4 / 4 .- I y 1.--,:`��i 5 4 OKdP. ■ i i I, r �* 'i� s®6YIAi1(R1rPJ RETENTION I I 1 ; r • 411... . u NPR■■■81111111 i ► 1I1-T" . . '�; a 0l 1111■ �.■ 1 C i 1- 1-i - -r-- z U . I _ .. i.11�11.11■_ I 'H-1-1-•I1--'•-• I T S\1l►, a. .-/��i= 1 ■■11■■ 1111■ .r . 1111■■/1111■■11®!■■ • . t. ! ;-I- ,��p•- Irs,' e' 1` H.■■I� ■111111■e■. i K-'-j -r1-.j-t -i--1- 0• •'• Il• .....■ii.■■.a■. = . 1_, _ 1 11c •I /■111111■. ■11/{■�/■■. BIKE BE I T.^ -.� _ ��- ..1_rl i ~ �1111.■■■.■Nii.1 i. t aa + T- _1.....,__.,I �--- - ' I - PARKING W PARKING I ---.-- �••--, :--' O11 ■11p■■. , 1 . , ¢ 1 I. ._ LANDSCAPING —� 1 frl M 1111/.■■■• ,-.;-'-r ; - - a _ _j —,— �_ ' a - �I m ," ' W .�■■•H I - t °- .:1k4ik a API. -r_-1.----,.-_ 1 . 1 / • I 1 111/. 1111■. r' �ri�i z Lti'�• _ _:-1 .-. ' C-'— . . . --- m I - 1 D .�t,,� 1111111•111111111•1 - _ ��!`�i1`: "-1'Ow : i-L r-- -I - 3� •�r-��.A�i. I1 IM r. ■Q� 111111 71 i d ■ --=_t.....r-T---t- -�-�-^-,• . 9_ • 1 `� ' _'J ■ : BUIL•• Na_A , I' . a ( BRAY -- BUILDING B — �'=i• T-T-r IT W — r- r-•I__.._ 4�t/i�� to r,�l /.■11■■■■■ :�' r I Z •---r_��1--r i ,_-_LLLL 4!. , �1`,' ; ■11.�■■■■■■■ tir��_ W .411:1' - I , i 1 . - iY`Gr cn -1'I "n1g11.ii■MENNINNIM • ' ..1-'I`r `-- ` T~ f I 1 H `40" PROJECT INFORMATION: 1! ■■.■1111■11M■■■■■ �1.• Ali I I roil; x.400 9.I=. ' .1 ■11111111■.■u11■11■■■: I--•-' -: r - _L1 1 I ■ ' TOTAL BUILDING AREA 1.23A00 1111//■■■■/ ■/■■� !-. 1 1 ___1..; 1 1 1 T_ !_:- i.__. AFI AS EACH SUILDNGI ■1111.11■■ ■■11 ■.11■ _ ,1 I q. 1111■11 ■11 ■1111■ -j - F r '- - GROSS BUILDING AAEAr ttTOO Of. �,,/_ 1111 11■ ■11u.�11 i 1 rT _ _ - -Ti ' 1,111. GROSS LEASABLE AREA. 9,571 S.F. 15511 :w r�1■■�■■ ■■W.= I I • I I _ •• . , jilt RE9TROOI4/MECHI 598 SF. !1�� ■/111111■■ ■■ .a. • -. 1 -� '-Fs!I•'- o ��> I 1 -- 1 \I' LOBBY 6 CORRIOOR9 1,145 SF. 1 • ■/.1111■■ 11/H11.■111 t- I. • I I I . �, 1111 11.�N � 1 ' r i --t I- I PARKINar 54 STANDARD _ 1 1 '-'1-1-1-t-j 14 COMPACT I,, ,+r f...��11■.■.�■■ ' ' ' _ _ �} ,'` 4 HANDICAP • 4`/ A�Cr■■.■■■■ f� - iii:l; • :71_]-1�_.�II T''-�� `rl4. TOTAL PARKNG• 72 SPACES �i1►•` SIGH III t . Q 1 1 SIGN �1�' *R. I� r. I �I1 I.� MAIN ! . ��, . 1 •, AV 1 )1 .+ '`, .1 , m L.��I iarl..���0;.`I1 _,Akit r _ . ENTRANCE �11I�i4 •�v� ;��pw..a�`tt,...4p W ilia%. . . 700 A' ►�i��A7rJ l�vle\�: -- -- - ••V���.`LiO/ ��'r"rd'� AVAl/~o►``N;i®��; --- -— IN a 4 10 0 SITE PLAN (: NORTH 4 • 1] T1 J GONZ6t1k ,DAVID BISSETT & ASSOCIATES ;fequity o ® 1 ARGNITEGTURE•PLANNING RdINIG.INTERIORS BUSINESS PARK ` 377 MU 5th Avenue Portland,Oregon 91209 ' Group,in,...,. CALL LE670 30000 A 1503)226-6� fAX F503)224-7311 SW 68TH AVE. TIGARD, OREGON _,_ .. . 0 e RECEIVED PLANNING L O a` JAN 1 4 2000 David Bissett & Associates CITY OF TIGARD ARCHITECTURE• PLANNING•INTERIORS TRANSMITTAL . To ib rI �,� I Date I ,Z-- Attn. 40 LA V, ., RE i Y kl e"3 .1 8 "_n_o 24 Project no. We are sending you ❑ change order ❑ shop drawings ❑ prints documents ❑ specifications ❑ catalogs ❑ copy of letter ❑ tracings ❑ • copies date item _i_ligr -------, , • y1liir- ' 4.1 ,62.KGrgr) Remarks . <-----...,...--1.-- r0-17Z-. 4r0k)12— ril.- -P—AiGsP--19 • a* ' ■ I. G1. E� • 40 -,'11 ANC) . • pc545- te:1.... '1Acri '. 1�Ut)9I ` Distribution r' . • 402.1 ,-.... 322 NW 5th Avenue • Portland,Oregon 97209 • (503)226-6785 • " FAX(503)224-2311 • • • P1Li Q . DAVID BISSETT & ASSOCIATES ARCHITECTURE• PLANNING• INTERIORS • MEMORANDUM December 9, 1999(HAND DELIVERED) To: Julia Hajduk/City of Tigard From: David Bissett/Project Architect Re: GONZAGA BUSINESS PARK MIS 98-0024 To follow up on our conversation last week, please find enclosed a copy of the deeds and survey as submitted to Washington Co. for the lot line adjustment on this project. My understanding is that they are backed up and should be returning the recorded documents sometime this month. This also clarifies Jeanne Temple's letter of 11-24-99. The lot line adjustment supercedes the tax lot consolidation originally contemplated. Hopefully this will satisfy any of your needs so that the Certificate of Occupancy can be issued immediately. Please call me if there is anything else you need. Thank •u ! i r-idBi ett/ • A/ •"ARB Cc: Joseph Hughes Const. Equity Fund LLC Project File • • 32.2 \';1 =th Avenue • Portland. Oregon 97209 • (.5031 226-6785 - FAX (503) 224-2311 • • 'GRENLEY, ROTENBE1PG, Fii LE EVANS,BRAGG & BODIE,P.C. ATTORNEYS AT LAW SUITE 2121 PACWEST CENTER 1211 S.W.FIFTH AVENUE • PORTLAND,OREGON 97204-3721 TELEPHONE (503)241-0570 FACSnAILE (503)241-0914 KELLY MELTZER • E-MAn.. kmelrzer©grebb.com January 4, 2000 ` Mr. David Bissett • David Bissett &Associates 322 NW 5th Ave. Portland, OR 97209 Re: Reciprocal Easement Agreement & Declaration Gonzaga Property Our File No.: 6262-002 Dear Ms. Atkins: I enclose copies of the Reciprocal Easement Agreement and Declaration and Quitclaim Deeds recorded with the Washington County Recorder's Office. If you have any questions, please call. Very truly yours, GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE, P.C. ,// /'/ A /l' - itzer KM:bh Enclosures \\Kelly\c\MyFiles\6262-2\BISSETT LTR.wpd GRENLEY, ROTENBEQ, • EVANS,BRAGG & BODIE, P.C. ATTORNEYS AT LAW SUITE 2121 PACwFSr CENTER 1211 S.W.Fu:n[AVENUE PORTLAND,OREGON 97204-3721 TELEPHONE (503)241-0570 FACSIMILE (503)241-0914 KELLY MELTZER - E-MAu. kmeluer@grebb.com January 4, 2000 Certified Mail Ms. Karen Atkins do Equity Group 7125 SW Hampton St. Portland, OR 97223 Re: Reciprocal Easement Agreement & Declaration Gonzaga Property Our File No.: 6262-002 Dear Ms. Atkins: • I enclose the original Reciprocal Easement Agreement and Declaration and Quitclaim Deeds recorded with the Washington County Recorder's Office. If you have any questions, please call. Very truly yours, GRENLEY, ROTEN:ERG, EVANS, BRAGG & BODIE, P.C. a�! ,J , ,I7/,�-w Kelly M-Itzer KM:bh Enclosures cc: Mr. David Bissett \KeltylcWlyFiles16262-21CLIENT4 LTR.wpd • ► STATE OF OREGON ; ':• my of Washington- ;-< ss , + • I,Jerry MW V', of Assess- , ment an• }• • • io County Clerk fo - t .s t•- •' rtify that rtl!alseF` thewi ,} ire ��� +� =' =calved , �'1I1Fj.Y•dfiI of said coun and re �I fir • dun _ -• =o•: "(rector of -= --~ _ -axation,Ex- • t • . � `lark • Doc 99113815':f4-14A-t-':"=i Rect: 241306 ;r :;: :x;:`41.00 10/05/1999 02:22 44pm • • 3 FORM No.970-QUITCLAIM DEED-STATUTORY FORM(Corporate Grantor). grEVENSNESS LAW ruOUSeNQ Co.roartaNO.OM 97504 ;'; �!• QUITCLAIM DEED—STATUTORY FORM. ; �. CORPORATE GRANTOR (o Equity Group Fund I, L.L.C., a limited liability company a corporation duly organized and existing under the laws of the State of. OREGON ,Grantor, releases and quitclaims to..Equi.ty...Groin) Fllnd I, L,L. C.i a limited liability company duly organized and___e Ciatiug_•unde; the laws of the State of Oregon , Grantee,all right, title and interest in and to the following described real property, situated in Washington County,Oregon, to-wit: SEE ATTACHED EXHIBIT "A" (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The true consideration for this conveyance is$ 10.00 (Here comply with the requirements of ORS 93.030) and other good consideration. Done by order of the grantor's board of directors with its corporate seal,if any,affixed on &pi"" 1.67 ,19 121 THIS INSTRUMENT WILL 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 B -_,-Presider TTLE T TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY Y, "'"" Sole Member PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY • LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN Bar ,'Beereterr- ORS 30.930 ,,,,��,,,,��/I STATE OF OREGON,County of_-.&h( ei ) ss. This instrument was acknowledged before me on ' ?:f /L ,199°x__, by Wtf- 1-4-. j)611-beAl as MCM_-b ►'- of ecf3.LA.L t r/ C3tO.L _FLAA&A-_ 7 f l--L.- C , 1'�1'�'`111•�1"`-`11.11111-`11.11`. f .!" ,� OFFICIAL SEAL f ^/■A/ '- - - 't KARIN J ATKINS / ` v f -‘:404.,,, NOTARY PUBLIC-OREGON r Notary Public for Oregon " COMMISSION NO.30&272 ( ' / My commission expires__ -74._ •2702 ... f MY COMMISSION EXPIRES JAN 07. 2002 4 - .ti1ti11111....:\1 11_-1-�1-`1-•`ly Equity Group Fund I; L.L.C. STATE OF OREGON, 7125 SW Hampton St. County of-___—___ - }ss- Portland, OR 97223 •_ /certify that the within instrument Grantor's Name and Address was received for record on the _day Equity Group Fund I, L.L.C. _-__,19..._...,at Attn: Kurt H. Dalbey 7125 SW Hampton St. � - _______......o'clock_�.M.,and recorded in _. book/reel/volume No—_.:-_...__on page Portland, YrDOrel9� and Address SPACE RESERVED FOR _- and/or as fee/file/instru- After recording return to(Name,Address,Zip): RECORDER'S USE ---___«..«—_.__ Lawrence Evans, Est. went/microfilm/reception No._._.... ,• 1211 SW Fifth Ave., Ste. 2121 Record of Deeds of said County. Portland, my OR 97204«.._.__......___..._.�.__....._....«...._.___.... Witness m hand and seal of Until requested otherwise mad all tax statements to(Name,Address,ZIp)t County affixed. sa Equity Group Fund I, L.L.C., Grants= Attn: Kurt H. Dalbey NAME TmTUC 7125 SW Hampton S t. By.....__--..__-__..._—.___....___,Deputy - . • • • • • EXHIBIT , A • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West attic Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 20-26 and a portion of Lot 19 and vacated SW Gouzaga Street and vacated SW'67t Avenue, Block 28, "West Portland Heights", being more particularly described as follows: Beginning at a point on the north line of said Lot l9 that bears N 89°57'00" E 5.00 feet from the • northwest corner there f;thence N 89°57'00" E along the north line of said Lots 19-26,Block 28 and the easterly extension thereo& 225.00 feet to.the centerline of vacated SW 67* Avenue;thence S 00°00'00"E along said centerline, 129.91 feet to the centerline of vacated SW Gonzaga Street;thence S 89°57'00"W along said centerline, 225.00 feet;thence N 00°00'00".E parallel with and:5.00 feet east when.=Leisured .. at right angles to the east right of way line of SW 68th Avenue, 129.91 feet to the Point of Beginning.. Containing 29,229 square feet. • • • • • �.3 t • S1 OF OREGON SS County of Washington I,Jerry ,%O ►i'-• of Assess- ment an• '. -?. . ..• a •L io County Clerk fo = ''� ,'�'*"*^: ', •=rtify that the wit i•�',;(al r--, :J,eceived and reeV. � j� dfa of said coun � C� i _ `ry f q o '+'rector of -411 =,(. axation,Ex- s`t .:,'w,r Jerk Doc : 99113814 Rect: 241306 41.00 10/05/1999 02:22:44pm 1 1 FORM No.970-OUITCLAIM DEED-STATUTORY FORM(Corporate Grantor). _ _ _.____-__ srevENSNEss tww 7uaUSMNa 9oyroaruNAOA ena. 'NA CAS, j• : • . • QUITCLAIM DEED—STATUTORY FORM • CORPORATE GRANTOR I ;- Equity Group Fund I, L.L.C. , a limited liability company Y` a-oerpore ien duly organized and existing under the laws of the State of QREGON ,Grantor, ii releases and quitclaims to_.Eq.ui.t y..Graug--Fund..1.T•.L_L_.C...,_..a__limited..liabili_ty.__company.._ciu7_y or-gani-zed--and--existing--under___the___laws-__of___the_-Stata__of__Dragon , Grantee, all right, title and interest in and to the following described real property, 14situated in Washington County,Oregon, to-wit: „) SEE ATTACHED EXHIBIT "A" (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The true consideration for this conveyance is$ lD._0.0 (Here comply with the requirements of ORS 93.030) and__other__gnod__considera tion. Done by order of the grantor's board of directors with its corporate seal,if any,affixed on `$.f'r /tv ,19 91 THIS INSTRUMENT WILL 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 By S� Pte*(}i/("r47)TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY Sole Member PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN g3L--^°^-^--.,., "s--"'^°'''•°.-•°°")•Sec"tar ORS 30.930. STATE OF OREGON,County of sh," t t'o/1 ) ss. This instrument was acknowledged before me on jO7"- 14. ,19..9 , by 11 .11ef F-1- • Da4`b•¢•`y as Ina L?pit of F4_I&1T_h a Fi 4 =j I-1.- d_ 4 ill, OFFICIAL SEAL / �� •-•- . �°: KARIN J ATKINS f Notary Public for Oregon ` NOTARY POI3LIC-OREGON My commission expires � - -` aoo 1- f ` . � COMMISSION r � • COA.A:,SSIOV:�:C+.308?_72 / MY COMMISSIOti :X?'�".g.)AN 07 P002 �1ti�. - •S�frri= *S444 .Equity...Gnnup.._Euad_.I,_.L L..C.. STATE OF OREGON, _2125._S14_1Lamptan_._St. County of ss. .Pnrtland,_..OR__9.2223 I certify that the within instrument Grantor's Name and Address was received for record on the__._____day Equity Group Fund I, L.L.C. Attn: Kurt H. Dalbey of , 19 ,at 7125 SW Hampton l�?cf St. o'clock_____.M.,and recorded in Portland, Oitan3 2 &•and Address SPACE RESERVED book/reel/volume1Vo on page FOR ______ and/or as fee/file/instru- ARer recording return to(Name,Address,Zip): RECORDER'8 USE °--""-----"-"" Lawrence Evans, Esq. ment/microfilm/reception No , 1211 SW Fifth Ave., Ste. 2121 Record of Deeds of said County. Portland, OR 97204 Witness my hand and seal of Until requested otherwise send all tax statements to(Name,Address,Zip): County affixed. Equity Group Fund I, L.L.C. Grantee Attn: Kurt H. Dalbey ._-_______..........______.....__________________________. NAME TITLE 7125 SW Hampton St. By ,Deputy • • • EXHIBIT • • • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, a portion of Lots 1-4 and vacated SW Gonzaga Street and vacated SW 67`h Avenue, Block 33. "West Portland Heights", being more particularly described as follows: t Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said • Lot 34 and the easterly extension thereof, 130.00 feet to the centerline of vacated SW 67th Avenue;thence N 00°00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street; thence S 89°57'00"W along said centerline,225.00 feet to a point which bears N 89°57'00" E 5.00 feet from the east right•of way line of SW 68th Avenue; thence S 00°00'00" E parallel with and 5.00 feet east when measured at right angles to•said east right of way line of SW 68x`Avenue, 129.91 feet to the south line of Lot 1, Bloc 33;thence N 89°57'00"E along the south line of said Lots 1-4 a distance of 95.00 feet to the northwest corner of Lot 36, Block 33; thence S 00°00'00" E along the west line of Lots 36,35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 38,972 square feet. • f' ST OF OREGON SS -i Con of Washington �g .• : of Assess- I,Jerry 'ti'bng i . Assess- ment an• •___•z•• :'t io County Clerk fo ' �,�,r+;;�• °:• P• ���° •,:rtify that %�,el. . ` `, . =�.eceived the wit „ i d } of said and re.s.* • r ; �'0 * coup * -•.T;A= drmryyr Ti) \ler,.Z.A., ., ' - /P 0� , -o +,rector of •- ` axation Ex- e?CI•";''''r;' Jerk Doc : 99113813. 1 Rect: 241306 71.00 10/05/1999 02:22:44Pm 1 - • x . , P • • c C'° RECIPROCAL EASEMENT AGREEMENT AND DECLARATION AL SEPTEMBER 2 DATE: , 1999 i) PARTIES: Equity Group Fund I, L.L.C. ("Owner") 7125 SW Hampton Street ff� Portland, OR 97223 /11) Facsimile (503) 670-1138 RECITALS A. Owner owns that certain parcel of real property located in the County of Washington and State of Oregon, a particular description of which real property is attached hereto and incorporated herein as Exhibit 1 (said parcel being hereinafter referred to as "Parcel 1"). B. Owner also owns that certain parcel of real property located in the County of Washington and State of Oregon, a particular description of which real property is attached hereto and incorporated herein as Exhibit 2 (said parcel being hereinafter referred to as "Parcel 2"). C. Owner desires to enter into this Reciprocal Easement Agreement and Declaration ("Easement")for the joint use of walking, parking, and driving in certain areas in Parcel 1 and Parcel 2; and for the joint rights of access to such areas.- • AGREEMENT AND DECLARATION Now, therefore, in consideration of the mutual benefits to be realized by the above- described joint use of parcels, in further consideration of the present and future benefits realized and to be realized by Owner, tenants, all subsequent owners, and tenants of Parcel 1 and/or Parcel 2, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby agree and declare as follows: 1. Easements.. (a) Owner, with respect to Parcel 1, does hereby establish, give, grant, declare and convey to Owner, its respective successors, successors-in-title, and assigns, and the tenants, customers, employees, and invites of such parties, with respect to Parcel 2, a ' perpetual, non-exclusive easement appurtenant to Parcel 2 for passage and use for the purpose of ingress and egress to and from Parcel 2 over Parcel 1 from 68th Avenue and from vacated 67th Avenue; for the purpose of walking upon and driving and parking vehicles upon and across all those sidewalks, entrances, drives, lanes, and parking areas Page 1 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd 02, • • in Parcel 1 which are now or may hereafter from time to time be used for pedestrian and vehicular traffic and parking; and for the purpose of access to the trash receptacle which is for the use and benefit of both parcels, as it is presently located and as it may be located in the future. (b) Owner, with respect to Parcel 2, does hereby establish, give, grant, declare and convey to Owner, its respective successors, successors-in-title, and assigns, and the tenants, customers, employees, and invites of such parties, with respect to Parcel 1, a perpetual, non-exclusive easement appurtenant to Parcel 1 for passage and use for the purpose of ingress and egress to and from Parcel 1 over Parcel 2 from 68th Avenue and from vacated 67th Avenue; for the purpose of walking upon and driving and parking vehicles upon and across all those sidewalks, entrances, drives, lanes, and parking areas in Parcel 2 which are now or may hereafter from time to time be used for pedestrian and vehicular traffic and parking; and for the purpose of access to the trash receptacle which is for the use and benefit of both parcels, as it is presently located and as it may be located in the future. (c) In particular, an easement for a common driveway in favor of Parcel 1 is created over the strip of land 15 feet in width along the southern boundary line of Parcel 2, and an easement for a common driveway is created in favor of Parcel 2 over the strip of 15 feet in width along the northern boundary of Parcel 1 for the purpose of creating a common driveway 30 feet in width for the benefit of both parcels. 2. - No Interference.-No party hereto shall, at any time prior to the termination of the easements herein granted, erect or construct, or cause to be erected or constructed, any fence, wall, curb, or other barrier between Parcel 1 and Parcel 2, or in any manner interfere with or restrict the full and complete use and enjoyment by any party of the easements herein granted, except only with the prior written consent of Owner, or if Owner should at the relevant time not own both Parcel 1 and Parcel 2, then with the prior written consent of the other owner(s) of Parcel 1 and Parcel 2. 3. Maintenance. The parking lot, sidewalks, driveways, and lighting located on Parcel 1 and Parcel 2 shall be maintained in good order and repaired by the respective owners of said parcels at all times during the term of this Easement, including striping, snow, ice, and trash removal. Except as otherwise provided herein, the cost of all routine maintenance and repair shall be borne initially by each respective owner, and shall, within thirty (30) days of the end of the calendar year, be shared equally by said owners based on a mutual accounting of such annual costs and reimbursement necessary to equalize said costs. The costs of all extraordinary maintenance and repair,which shall be defined as any item of extraordinary maintenance and repair costing $2,500 or more, shall be shared as incurred if the maintenance and/or repair is reasonably necessary and beneficial to the mutual easement rights established herein. Notwithstanding the foregoing, each owner shall be solely responsible for the repair of any damage to either parcel which is caused by the act(s) of that owner and/or its customers, visitors, and invitees. Page 2 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd 3 • . 4. Indemnity; Liability Insurance. The owners of Parcel 1 and Parcel 2 shall indemnify, defend and hold each other, their successors and assigns harmless from any liability, damage, expense (including attorney fees), causes of action, suits, claims or judgments arising from the use of the Easement by said owners, their successors and assigns, and their customers, visitors and invitees, except where such claim arises out of the gross negligence or willful misconduct of the owner who is seeking indemnity pursuant to this provision. Each owner shall, at all times during the term of this Easement, maintain in full force and effect comprehensive public liability insurance covering its use of the Easement with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage • insurance, each in an amount not less than $1,000,000 combined single limit coverage. Each owner's liability insurance policy shall name the other owner as an additional named insured. The insurance policy shall also include a provision which requires the insurance carrier to give the other owner not less than 30 days-written notice prior to any cancellation or modification of coverage. From time to time upon reasonable request, each owner shall deliver to the other owner a certificate evidencing the insurance required by this Section 4. 5. Duration and Continuing Effect of Easements. The easements, restrictions, and agreements provided for herein shall be effective upon execution of this Easement by Owner, and their terms shall be perpetual. The easements provided for herein shall run with the land and shall constitute a use for reciprocal benefits to and burdens upon Parcel 1 and Parcel 2. The easements provided for herein shall inure to the • benefit of and be binding upon the respective successors, successors-in-title, assigns, heirs, and tenants of Owner and the customers, employees, and invitees of Owner and its - successors and assigns, and shall remain in full force and effect and shall be unaffected by any change in ownership of Parcel 1 or Parcel 2, or any of them, or by any change of use, demolition, reconstruction, expansion, or other circumstances, except as specified herein. This Easement and the undertakings set forth herein shall be enforceable by action for a specific performance, it being agreed and declared that an action for damages would not be an adequate remedy for a breach hereof. 6. Recording. This Easement shall be recorded in the public records of Washington County, Oregon and shall be prior in title to any deed of trust which is now or may hereafter be placed upon either Parcel 1 or Parcel 2. 7. Notices. All notices, requests and other communications hereunder ("Notices") shall be in writing and shall be deemed to have been duly given if directed to the applicable party(ies) at his/its respective addresses set forth above,which Notice shall be effective at the time indicated if given in the following manner: -• 1. When delivered, if personally delivered by hand; Page 3 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd • . • 2. Upon actual receipt by the addressee if transmitted bva::= to an office of the addressee and marked in prominent lettering "r= - a facsimile number for such party has been designated Belo _ibsequently designated in the same manner as a notice of addr_s --e would be provided as described below); 3. 72 hours after mailing if mailed postage prepaid, bye=:== or certified mail, return receipt requested, with an additions =: -lied to the addressee by regular mail; or 4. At 5:00 p.m. (in the applicable time zone) on the cr --e Notice is mailed to the addressee by a nationally recognized mail service which guarantees next day delivery and provides a_: -arvices with respect to such delivery. The addresses for all Notice purposes under this Easement : _: designated on Page 1 of this Easement. However, if any party shall have des 7-.:- the manner provided above a different address by Notice to the others, then NCCE _. :s to the last address so designated. 8. Amendments. This Easement may be amended or) : _ -:strument in writing executed by all the parties. . 9.. . Construction. The captions- used in this Easer-: :rovided for convenience only and shall not affect the meaning or interpretatior. - :vision of this Easement. All references in this Easement to "Section" or "Secti:s - it additional identification refer to the Section or Sections of this Easement. used in this - Easement shall be construed to be of such gender or number : -- _:zumstances require. Whenever the words include or including are used in this_==-t, they shall be deemed to be followed by the words without limitation. 10. Governing Law. This Easement shall be governE : ; - :onstrued in accordance with the laws of the State of Oregon, without rec- :nflict-of-laws principles. 11. Attorney Fees. If any suit or action is instituted to - enforce the provisions of this Easement, to rescind this Easement, or otherwe --=spect to the - subject matter of this Easement, the prevailing party shall be -:_ recover with respect to such issue, in addition to costs, reasonable attorney fees c_: preparation or in prosecution or defense of such suit or action as determined ; : court, and if • any appeal is taken from such decision, reasonable attorney s. _-termined on appeal. The "prevailing party" issue shall be determined by the co: --_nal based on the totality of the issues and circumstances involved. Page 4 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EA`iAENT.wpd 12. Venue. Any action or proceeding seeking to enforce any provision of, or based on any right arising out of, this Easement shall be brought against any of the parties in Washington County Circuit Court of the State of Oregon, or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue. - - 13. Severability. If any provision of this Easement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Easement shall not be in any way impaired. 14. Entire Agreement. This Easement(including the Exhibits, documents, and other instruments referred to in this Easement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Easement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter. EQUI GROUP FUND I, LLC: -41 , Kurt H. Dalbey, ole Member Subscribed and sworn to before me this 2 day of jE`or w%e, 1999. . / g SEAL ; Nota 'ublic 8 JOAN Z,z,, 4 NOTARY PUBLIC-OREGON I/ My Commission Expires: M/3/.Z r `•.n% COMMISSION NO.309806 MY COMMISSION EXPIRES FEB 23,2002 Page 5 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd 6 • • • • D(UIBIT . • • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, a portion of Lots 14 and vacated SW Gonzaga Street and vacated SW 67th Avenue, Block 33. "West Portland • Heights", being more particularly described as follows: : Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said Lot 34 and the easterly extension thereof; 130.00 feet to the centerline of vacated SW 6741 Avenue;thence N 00°00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street;*thence S 89°57'00" W along said centerline,225.00 feet to a point which bears N 89°57'00" E 5.00 feet from the east right of way line of SW'68t' Avenue; thence S 00°00'00" E�parallel with and 5.00 feet east when . measured at right angles to said east right of way line of SW 68th Avenue, 129.91 feet to the south line of Lot 1, Bloc 33; thence N 89°57'00"E along the south line of said Lots 1-4 a distance of 95.00 feet to the northwest corner of Lot 36, Block 33; thence S 00°00'00" E along the west line of Lots 36, 35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 38,972 square feet. "7 J , . • • • EXHIBIT A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard. Washington County, Oregon, being lots 20-26 and a portion of Lot 19 and vacated SW Goazaga Street and vacated SW 67th Avenue, Block 28, "West Portland Heights", being more particularly described as follows: Beginning at a point on the north line of said. Lot 19 that bears N 89°57'00" E 5.00 feet 8fam the northwest corner thereof; thence N 89°57'00" E along the north line of said Lots 19-26, easterly extension thereof, 225.00 feet to the centerline of vacated SW 671` Avenue;thence S 00°00'00" E along said centerline, 129.91 feet to the centerline of vacated SW Gonzaga Street; thence S 89°57'00"W along said centerline, 225.00 feet; thence N 00°00'00" E parallel with and 5.00 feet east when measured at right angles to the east right of way line of SW 68th Avenue, 129.91 feet to the Point of Beginning. Containing 29,229 square feet. • • • • . . ",1 ''�. •i r i ir ' .t iiF..f.fg'a;` ? l` ' 0 yg • 0_ ::.i , ° _w. RECORD OF SURVEY • - :i^; - :r :s. -iS1 '. 5./.8 7.R. W%1PC ST.4MPE0 • 4,-- n" - - . `\ 1 F IN t S.N. 245;.1FLU NOT RED S1J .;s --`•r_�- ...._ - - e TIED IN 7lIS SURVEY A. „C.-7-,.--41..1,,,,-..=?,,, .: BEING LOTS 19-26, BLOCK 28 AND LOTS i-8 & �T FRANKLIN ST. 34-36, BLOCK 33 AND VACATED SW GONZAGA ST.• s '=:="==` = AND SW 67TH AVE., "WEST PORTLAND HEIGHTS" • `'�j/ ` I IN THE NE 1/4 SEC. 1, T.2S., R 1W, W.M. : 'tip ;'�.. ._ ': ? _•' - CITY OF TIGARD•t '°' L w WASHINGTON COUNTY, OREGON - 0 Q I MARCH 31, 1999 SCALE 1 60' s1 CITY OF TIGARD CASE FILE (MIS) 98-0024 •'+� 5_/8%R. W/PC srAAIPED `' £ e o :piC"K - O / WR Naas d:ASSOC.. INC.OG� O •'�".- N 197J't0"E 0.10' ^°� ( BE1 5/a..IR. W/YPC STAMPED OWNER/APPLICANT --z-- Z �� . "OR HELLS d: ASSOC, INC." KURT OALBEY a"�^:' _ - FLUSH -- 17ED SPIN HOLE S 4!:10'57"E 0.OB' 7125 SW HAMPTON STREET "t{ - N 89'5700” E 230.00' 10"'. ' 11CAR0, OR 97223 < J I I I. 1 225.00' I 1 I9 20 21 22 23 24 25 26 a +Rr rrt°_1) o 5.00' WIDE ROAD—-- Y OEOICAfON TRACT 2 w m Gr 2�• ►,299 SO. Fr. • ET, 29,229 S.F. .. 8 o I , �0 a o� PROPOSED ACCESS & a o 0 o m °-' UTIUIY EASEMENT PROPOSED ADJUSfFO c c.3 30.00' P4DE PROPERTY LINE 0 L., . • N _L ± ± _ 1. 1 I J = (_ • • • VACATED DOC. 93101917_ NARRATIVE: 'o 1�_ SW _ GONZAGA u+ I C r• THE PURPOSE OF Dos SURVEY WAS TO SHOW THE'LOCATION OF A PROPOSED - �\- - PROPER T LINE ADJUSTAfEN T BETWEEN Iwo TRACTS OF LAND DESCRIBED IN DOCUMENT -- S 89'5700' w 2 25.0 o' to I \l' No.'S: 96088718 AND 96102J2J PER CITY OF TIGARD PLANNING FILE NO. (MIS) 98-0024. ^O w — — — — — — — -- -• ` THE BOUNDARIES OF BLOCKS 28 AND JJ HAD PREVIOUSLY BEEN CALCULATED IN 5. 9•1R. W/1PC STAMPED '. •1"• SURVEYS BY ANDY PARIS dr ASSOCIATES AS RECORDED IN SURVEY NO.'S. 22089 AND o - -1 l:R 14E1.LS Jr ASSOC, INCA ,', o T �' T T T T I I I .• 24573 AND AGREED TO IN SURVEY NO. 270TJ, BETNC A SURVEY/N BLOCK JJ.• _ Q :J5'54'30"E 0./J' • I HELD M£PROPORTIONS FROM SAID SURVEY TO ESTABLISH THE NORTHINGS OF P TRACT I I THE SUBJECT PROPERTIES AND RECORD DATA PER PLAT AND ABOVE MENTIONED S EXIS r:G-- SURVEYS FOR DIE EAST AND WEST LINES AS SHOWN. z ,°fy PROPERTY LINE 38,972 ,J.F. J- ..._- F- THE' BASIS OF BEARINGS IS DIE FOUND MONUMENTS HELD FOR THE CEP,TfRLIFIE r:. •. • 1::!t.(G .1H . :?14,18',,. I t` ) 71M/P.T!?Y STREET.AS(Y 6y:it7OD:'h P£R S4RYF>s`Nlin l57+ 8�?k u.c;:•44.. • ...� • • l0 .4l •iii ,,, s_._��....-..`: 1Tr OPYTROOWNG EC£M£NTS OF RECORD: ''WEST PORTLAND- EIGHTS!• SURVEY NO.'S:. CO S/821t. WjYP(:STAMPED I n •L £tIS1/NG UTIUIY EASEMENT • • 22089. 24577. ?7027. AND 27129. • I4g5TLAKE CVSULTANtS' ° m 1 LV VA CArEO STREES(D (SN. 27024 COWN 0.8' m I o 60' 1410E . S 40'07'10' W 0.18' i . 30.00' _• I 95.00' I • 1 1 J_ • _ 14 89'57'00" E . - 1 9 w 36 I ;',I t (; •-EXISTING JO' WIDE I I ACCF SS EASEMENT o. , 10 °o ° 35 (.1 (� LEGEND: 5%81.P. W,'rPC STANP£0// S. _I k - ._ may,f•c • 14fSRAkf CONY/L(ANTS u I �'o \,(� J O 5/B'X JO"IRON ROD 4NTH YELLOW PLASTIC 7-21- CAP ST.;sr,� • • HELD(S.N. 770277 FLUSH 11 U' 31 oo OG\' PARIS d:ASSOC. PLS 2264' SET ON 7-21-99. '� C4 I I '%�� L �� V • MONUMENT FOUND AS NOTED N N 89'57'00'"E 130.00" 1 o cn N 12 a 33 1 io I LR. IRON ROD f O 13 ! 32 I rL w/)PC INIH YELLOW PLASTIC CAP 5/87.R. W/DESTROYED N 8957'00' F. 130.00' - � ^^ YELLOW PLASTIC CAP— Ham--V - --- S.N. SURVEY NUMBER, WASHINGTON COUNTY SURVEY RECORDS. . Inn HELD(S.N. 22089] r ^n 31 I 'S,82R. 14,"»C RECORD DA TA 14 -- _I 7LCEnBCE"IELD ( ) 15 30 m (s.rl. ,45737 ( J PROBABLE ORIGIN OF MONUMENT • • - a-- - 30' 30' -- --I ^' P. PLAT "WEST PORTLAND HEIGHTS" .t':.•t' . 3 I- -477•-•-; ?CL E 'BLE"!all` ' m (S... 24573,- - ;� �k?-_ 17 28 10 1 .°"ate.:,.:': `::.M o0 o REOISTERE[ ;. . ;r $. ' i°p -T- 77 — T T T 1 .1_ l o o PROFESSION `,--,.---••,,-,,-.:.,-.-:...,,, _ BOCK 33 ti . LA,ND):U.RVF .. ,. :,- t _.,. 19 20 21 22 23 24 25 26 ti t/ I OREGON I J 1., JOLD a iS HAROLD P. SA1•Y x204 '',:...".....*7.5:-..,-,:" s•2.- -I-__L—L• -- --- EXPIRES: JUNE 30, - 1 I I I I I 1 • - - 5/87.R. 0044N 0.2' 8ASI5 OF BEARINGS (280.00' .°.+ / RECEIVED: SURVEYED BY: !N MONUMENT BO.0 7 N 895700" E 280.00'• — — — — �- ACCEPTED ANDY PARIS AND ASSOCIAT - — l I i/2-1.R. DOR I..+' 15962 8OOtrES FERRY kOAl7•z SW HAhptON ^ N MONUMErrI Irl jT FOR RUNG: LAKE OSWECJ, OREGir, 970.15-4: Hf.(U NS• r)r'a WASHINGTON COUt+TY SURoEYORYS OFFICE pH: 636-3341 SS_9 8-GivoRs6 • • DAVID BISSETT & ASSOCIATES ARCHITECTURE• PLANNING• INTERIORS MEMORANDUM December 9, 1999(HAND DELIVERED) To: Julia Hajduk/City of Tigard From:David Bissett/Project Architect Re: GONZAGA BUSINESS PARK OPESVBACU To follow up on our conversation last week, please find enclosed a copy of the deeds and survey as submitted to Washington Co. for the lot line adjustment on this project.My understanding is that they are backed up and should be returning the recorded documents sometime this month. This also clarifies Jeanne Temple's letter of 11-24-99. The lot line adjustment supercedes the tax lot consolidation originally contemplated. Hopefully this will satisfy any of your needs so that the Certificate of Occupancy can be issued immediately. Please call me if there is anything else you need. Thank •u ! 1• ridBi ett/ •:A/ 'ARB Cc: Joseph Hughes Const. Equity Fund LLC Project File 322 NW 5th Avenue • Portland, Oregon 97209 • (503) 226-6785 • FAX(503) 224-2311 • GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE,P.C. ATTORNEYS AT LAW SUITE 2121 PACWEST CENTER 1211 S.W.FIFTH AVENUE PORTLAND,OREGON 97204-3721 TELEPHONE (503)241-0570 FACSIMILE (503)241-0914 KELLY MELTZER E-MAIL kmeltzer®grebb.com December 3, 1999 Mr. David Bissett David Bissett & Associates 322 NW 5th Avenue Portland, OR 97209 Re: Gonzaga Property Matter Our File No. 6262002 Dear Mr. Bissett: Per your request via telephone today, I enclose copies of all materials sent to the Washington County Recorder's Office on October 4, 1999. Please let me know if you need anything further. Very truly yours, GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE, P.C. /_ i "'1 PH/ r l(%i,74 tzer KM:bh Encs. cc: Kurt Dalbey \\Sandy\sandy files\LE\6262-1\BISSETT LTR.wpd n GRENLEY, ROTENBERf • EVANS, BRAGG & BODIE, P.C. ATTORNEYS AT LAW SUITE 2121 PACWEST CENTER 1211 S.W.FIFTH AVENUE PORTLAND,OREGON 97204-3721 TELEPHONE (503)241-0570 FACSIMILE (503)241-0914 KELLY MELTZER E-MAIL kmeltzeregrebb.com October 4, 1999 Washington County Recorder's Office 155 N. First Ave., Ste. 130, MS9 Hillsboro, OR 97124 Re: Quitclaim Deeds and Reciprocal Easement Agreement & Declaration Our File No. 6262-2 Dear Sir/Madam: I enclose two Quitclaim Deeds and a Reciprocal Easement Agreement & Declaration for recording, with two checks totaling $153.00 for the filing fee. Thank you for your attention to this matter and please telephone me if you have any questions. Very truly yours, GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE, P.C. ,J4 , 7 Kelly M_Itzer KM:bh Enclosures \\Sandpsandy files\6262-1\RECORDERS LTR.wpd • •- . • • . - • • 4•,,, ' •• .;.• • ,• jri „As!14-,„,„%s 'S i:,4!•••-• •• ,., •., • . . , •• • •••r; • ;,,,,•4471:-,,jiit'VY:Ltri.P,1.1Cir,121.1"f•11-kPT:igu•1114; 11_dliihFi.,,s7;•••:,0:117.4g77...,4:1_217C-11,PVIIF's 44-Crt-414q4C7' If.ALIFTS#114144F•4141'')4-4*IPIr"I'' ' •.a:. •.:t1111,..•=ra-wts • • ""'•4 .2diT'IP':.•-.'”ifF:;!Ilr-,7.1qi,;a1;)(:,1111,..4tr.B.144.,,,,ril,_49 ..„6, . „ rEer.L., : • 474:0: 4N/c1....FP "($4.4. r4' ;.?"7:=.,,V4!i1F-7-+4111HrgAW11,1411L,4-4,11. ' mikury:.11170ilig'J, 44 1:31'-.0)1!"7:9/!!**F-'"' •,• •• ttifddt It, .10 :,-14(44eiNir Ar ...g -4' - .wiRAINNINFr ESt. f' '.1010FIRERi0FI: 7 " Le 1.'•!! , - • rr•r„.: fr ,; ;..-',...,!;;;;;; ".4 ,;•!:sg;:_114!, TAO-1TP:=,:j'g'41f-R-'-'11cf4=415,_ 71'C-L.‘j)."-st-Irlijr"--. •.,;„.... 1000 8 •••_• •• .• MEMO - •.••,• .,.„; ,:!••;•• • • : • • •1";!!:-,"•!!'•'!;''•-•;,':!!','" :!,',.,: r`ii.:.!!!:""!-:: ••••• M, • •,:!,•••!.f••• : •" •• •• ' • '!' , ,!" •, •,: .• .• • • -. •, •••. : • • . . • • GRENLEY, ROTENBERG, EVANS, BRAGG & BODIE, P.C. • 3 7 • 6262-2: Washington County $10.00 - Recording Fee • • KM/bh - October 4, 1999 • • • • FORM No.970-QUITCLAIMDEED-STATUTORYFORM(CorporateGrantor). _ STEVENS-NESS LAW PUBLISHING CO,POlrruyD_OA 9294 , NA 2A 4111UITCLAIM DEED—STATUTORY FORM • CORPORATE GRANTOR i ' Equity Group Fund I, L.L.C. , a limited liability company 1 , a-oerporatien duly organized and existing under the laws of the State of OREGON ,Grantor, I■ releases and quitclaims to__Equity.-Crc ug-.Fu nd._1,___L..L_C...,__.a..limited__liabi ity___company___duly 1. i or_ga.nized__and___exis ting__un.der___the..lazzs.._of_..the__Rtata__of_.Dregon , Grantee,all right, title and interest in and to the following described real property, situated in Washington County,Oregon, to-wit: SEE ATTACHED EXHIBIT "A" OF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The true consideration for this conveyance is$ 1a_O0 (Here comply with the requirements of ORS 93.030) and-_o rher__gao_d__eon siderad.Qmx Done by order of the grantor's board of directors with its corporate seal,if any,affixed on 6 ,19 91_. THIS INSTRUMENT WILL 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 By _� TITLE 10 THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY Sole�Member PLANNING DEPARTMENT 10 VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN $3t•--'----------^--°"`°""'°'^—''a-"—'"Ser ORS 30.930. STATE OF OREGON,County of W1 h)" l t y) ) ss. This instrument was acknowledged before me on •....1(.041— 14• ` ,19.49, by it.titt l-I- . La,'t( as ! el.Y.1'? of -2.s�t._T__ki - `O_Ly di,-,�d x l [-t. C.._ r ti1�ti1�ti1ti�1�ti1ti���ti1ti��- f i . .t OrFICIAL SEAL / �� t '+� ►l KARIN J ATKINS Notary Public for Oregon f ® NOTARY PUBLIC-OREGON My commission expires cif- 1, act) 3-- 1 f 141 COMMISSION NO.308272 f MY COMMISSION :XP'R' .)AN 07. 2002 p I �.��.- Vim-. _Equity...Grrn .-Fund--Z,..L,.1,-C. STATE OF OREGON, I .1125...S1ai_.Hampt __St. County of ss. .Thartland,_._OR__9.7223 I certify that the within instrument Grantor's Name and Address was received for record on the day _Equity Group Fund I. L.L.C. ' Attn: Kurt H. Dalbey of ,19 ,at 7125 SW Hampton St. o'clock M.,and recorded in Portland, Oiitar9?'?ga3w and Address SPACE RESERVED book/reel/volume No on page FOR and/or as fee/file/instru- Atter recording return to(Name,Address,Zip): RECORDER'S USE Lawrence Evans, Esq. ment/microfilm/reception No , 1211 SW Fifth Ave., Ste. 2121 Record of Deeds of said County. Portland, OR 97204 n Witness my hand and seal of Until requested otherwise send all tax statements to(Name,Address,Zip): County affixed. Equity Group Fund I, L.L.C. Grantee Attn: Kurt H. Dalbey NAME TITLE 7125 SW Hampton St. By ,Deputy • • -- ----- • • EXHIBITS A • • • • • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, a portion of Lots 1-4 and vacated SW Gonzaga Street and vacated SW 67`h Avenue, Block 33, "West Portland Heights",being more particularly described as follows: I, Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said • Lot 34 and the easterly extension thereof 130.00 feet to the centerline of vacated SW 674' Avenue;thence N 00°00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street;•thence S 89°57'00"W along said centerline,225.00 feet to a point which bears N 89°57'00"E 5.00 feet from the east right-of way line of SW 68th Avenue; thence S 00°00'00" E parallel with and 5.00 feet east when measured at right angles to-said east right of way line of SW 68°i Avenue, 129.91 feet to the south line of Lot 1, Bloc 33;thence N 89°5T00"E along the south line of said Lots 1-4 a"distance of 95.00 feet to the northwest corner of Lot 36, Block 33; thence S 00°00'00" E along the west line of Lots 36,35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 38,972 square feet. FORM No.970-QUITCLAIM DEED-STATUTORY FORM(Corporate Grantor). _ _srever+s-Hess-LAW PUBLISHING co.Poar�nN oa 97204 NA Ash 1 41111tUITCLAIM DEED—STATUTORY FORM 110 . • CORPORATE GRANTOR I': Equity Group Fund I, L.L.C., a limited liability company ' I !I a corporation duly organized and existing under the laws of the State of OREGON ,Grantor, 1 releases and quitclaims to..Equi_ty Group Fund I,. L.L. C.,. a limited liability company duly Ii o ganl..ed and existing under the laws of the State of Oregon il , Grantee, all right, title and interest in and to the following described real property, situated in Washington County,Oregon, to-wit: SEE ATTACHED EXHIBIT "A" (IF SPACE INSUFFICIENT, CONTINUE DESCRIPTION ON REVERSE SIDE) The true consideration for this conveyance is$ 10.00 (Here comply with the requirements of ORS 93.030) and other good consideration. Ala Done by order of the grantor's board of directors with its corporate seal,if any,affixed on I tP ,19 71 THIS INSTRUMENT WILL 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 B , dei TITLE 10 THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY y, """" Sole Member PLANNING DEPARTMENT 10 VERIFY APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN By oSeeretery- ORS 30.930. STATE OF OREGON,County of-..W!r:11l1� !!1 ) ss. • This • strument was acknowledged before me on . t it., ,1993.., as er- of E2.(0Sd_Z'-V C .Q.(A F-Lt.t-kei Mt I -•L• G , t , OFFICIAL SEAL ^ '�, KARIN J ATKINS r C• f _ • NOTARY PUBLIC-OREGON // Notary Public for Oregon I COMMISSION NO.308272 / My commission expires_.,,. t4 i..._n?1:�Cla-. MY COMMISSION EXPIRES JAN 07. 2002 � `/ .-�-.�--.•.-...-... -- -' --:-�ti-.-.t-v Equity Group Fund 12 L.L.C. STATE OF OREGON, 7125 SW Hampton St. County of Is& Portland, OR 97223 I certify that the within instrument Grantor's Name and Address was received for record on the day Equity Group Fund I, L.L.C. Attn: Kurt H. Dalbey of ,19 , at 7125 SW Hampton St. o'clock M.,and recorded in Portland, ISM, 0220.2.2 and Address SPACE RESERVED book/reel/volume No on page FOR and/or as fee/file/instru- After recording return to(Name,Address,Zip): RECORDER'S USE Lawrence Evans, Esq. ment/microfilm/reception No , 1211 SW Fifth Ave. , Ste. 2121 Record of Deeds of said County. Portland, OR 97204 Witness my hand and seal of Until requested otherwise send all tax statements to(Name,Address,Zips County affixed. Equity Group Fund I, L.L.C. , Grante Attn: Kurt H. Dalbey NAME TITLE 7125 SW Hampton St. By ,Deputy ----- - - -9TH -223 _- —_._—-- — — — • • EXHIBIT A A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South,Range 1 West of the Willamette Meridian. City.of Tigard, Washington County, Oregon, being lots 20-26 and a portion of Lot 19 and vacated SW Gonzaga Street and vacated SW 676 Avenue, Block 28,-"West Portland Heights", being more particularly described as follows: Beginning at a point on the north line of said Lot 19 that bears N 89°57'00" E 5.00 are from the northwest corner thereof:thence N 89°57'00"89°57'00" E along the north line of said Lots 19-26, easterly extension thereof 225.00 feet to.the centerline of vacated SW 67d Avenue;thcace S 00°00'00" E along said centerline, 129.91, feet to the centerline of vacated SW Gonzaga Street;thence S 89°57'00"W along said centerline, 225.00 feet;thence N 00°00'00".E parallel with and 5.00 feet east when measured at right angles to the east right of way line of SW 68 Avenue, 129.91 feet to the Point of Beginning. Containing 29,229 square feet. . • . i • RECIPROCAL EASEMENT AGREEMENT AND DECLARATION DATE: SEPTEMBER 2 , 1999 PARTIES: Equity Group Fund I, L.L.C. ("Owner") 7125 SW Hampton Street Portland, OR 97223 Facsimile (503) 670-1138 RECITALS A. Owner owns that certain parcel of real property located in the County of Washington and State of Oregon, a particular description of which real property is attached hereto and incorporated herein as Exhibit 1 (said parcel being hereinafter referred to as "Parcel 1"). B. Owner also owns that certain parcel of real property located in the County of Washington and State of Oregon, a particular description of which real property is attached hereto and incorporated herein as Exhibit 2 (said parcel being hereinafter referred to as "Parcel 2"). C. Owner desires to enter into this Reciprocal Easement Agreement and Declaration ("Easement")for the joint use of walking, parking, and driving in certain areas in Parcel 1 and Parcel 2, and for the joint rights of access to such areas. AGREEMENT AND DECLARATION Now, therefore, in consideration of the mutual benefits to be realized by the above- described joint use of parcels, in further consideration of the present and future benefits realized and to be realized by Owner, tenants, all subsequent owners, and tenants of Parcel 1 and/or Parcel 2, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner does hereby agree and declare as follows: 1. Easements. (a) Owner, with respect to Parcel 1, does hereby establish, give, grant, declare and convey to Owner, its respective successors, successors-in-title, and assigns, and the tenants, customers, employees, and invites of such parties, with respect to Parcel 2, a perpetual, non-exclusive easement appurtenant to Parcel 2 for passage and use for the purpose of ingress and egress to and from Parcel 2 over Parcel 1 from 68th Avenue and from vacated 67th Avenue; for the purpose of walking upon and driving and parking vehicles upon and across all those sidewalks, entrances, drives, lanes, and parking areas Page 1 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd • • • in Parcel 1 which are now or may hereafter from time to time be used for pedestrian and vehicular traffic and parking; and for the purpose of access to the trash receptacle which is for the use and benefit of both parcels, as it is presently located and as it may be located in the future. (b) Owner, with respect to Parcel 2, does hereby establish, give, grant, declare and convey to Owner, its respective successors, successors-in-title, and assigns, and the tenants, customers, employees, and invites of such parties, with respect to Parcel 1, a perpetual, non-exclusive easement appurtenant to Parcel 1 for passage and use for the purpose of ingress and egress to and from Parcel 1 over Parcel 2 from 68th Avenue and from vacated 67th Avenue; for the purpose of walking upon and driving and parking vehicles upon and across all those sidewalks, entrances, drives, lanes, and parking areas in Parcel 2 which are now or may hereafter from time to time be used for pedestrian and vehicular traffic and parking; and for the purpose of access to the trash receptacle which is for the use and benefit of both parcels, as it is presently located and as it may be located in the future. (c) In particular, an easement for a common driveway in favor of Parcel 1 is created over the strip of land 15 feet in width along the southern boundary line of Parcel 2, and an easement for a common driveway is created in favor of Parcel 2 over the strip of 15 feet in width along the northern boundary of Parcel 1 for the purpose of creating a common driveway 30 feet in width for the benefit of both parcels. 2. No Interference. No party hereto shall, at any time prior to the termination of the easements herein granted,erect or construct,or cause to be erected or constructed, any fence, wall, curb, or other barrier between Parcel .1 and Parcel 2, or in any manner interfere with or restrict the full and complete use and enjoyment by any party of the easements herein granted,except only with the prior written consent of Owner, or if Owner should at the relevant time not own both Parcel 1 and Parcel 2, then with the prior written consent of the other owner(s) of Parcel 1 and Parcel 2. 3. Maintenance. The parking lot, sidewalks, driveways, and lighting located on Parcel 1 and Parcel 2 shall be maintained in good order and repaired by the respective owners of said parcels at all times during the term of this Easement, including striping, snow, ice, and trash removal. Except as otherwise provided herein,the cost of all routine maintenance and repair shall be borne initially by each respective owner, and shall,within thirty (30) days of the end of the calendar year, be shared equally by said owners based on a mutual accounting of such annual costs and reimbursement necessary to equalize said costs. The costs of all extraordinary maintenance and repair, which shall be defined as any item of extraordinary maintenance and repair costing $2,500 or more, shall be shared as incurred if the maintenance and/or repair is reasonably necessary and beneficial to the mutual easement rights established herein. Notwithstanding the foregoing, each owner shall be solely responsible for the repair of any damage to either parcel which is caused by the act(s) of that owner and/or its customers, visitors, and invitees. Page 2 Reciprocal Easement Agreement \\Sandy\sandy files\6262-1'RECIPROCAL EASEMENT AGREEMENT.wpd • • • 4. Indemnity; Liability Insurance. The owners of Parcel 1 and Parcel 2 shall indemnify, defend and hold each other, their successors and assigns harmless from any liability, damage, expense (including attorney fees), causes of action, suits, claims or judgments arising from the use of the Easement by said owners, their successors and assigns, and their customers, visitors and invitees, except where such claim arises out of the gross negligence or willful misconduct of the owner who is seeking indemnity pursuant to this provision. Each owner shall, at all times during the term of this Easement, maintain in full force and effect comprehensive public liability insurance covering its use of the Easement with a financially responsible insurance company or companies, including coverage for any accident resulting in bodily injury to or death of any person and consequential damages arising therefrom, and comprehensive property damage insurance, each in an amount not less than $1,000,000 combined single limit coverage. Each owner's liability insurance policy shall name the other owner as an additional named insured. The insurance policy shall also include a provision which requires the insurance carrier to give the other owner not less than 30 days written notice prior to any cancellation or modification of coverage. From time to time upon reasonable request, each owner shall deliver to the other owner a certificate evidencing the insurance required by this Section 4. 5. Duration and Continuing Effect of Easements. The easements, restrictions, and agreements provided for herein shall be effective upon execution of this Easement by Owner, and their terms shall be perpetual. The easements provided for herein shall run with the land and shall constitute a use for reciprocal benefits to and burdens upon Parcel 1 and Parcel 2. The easements provided for herein shall inure to the benefit of and be binding upon the respective successors, successors-in-title, assigns, heirs, and tenants of Owner and the customers, employees, and invitees of Owner and its successors and assigns, and shall remain in full force and effect and shall be unaffected by any change in ownership of Parcel 1 or Parcel 2, or any of them, or by any change of use, demolition, reconstruction, expansion, or other circumstances, except as specified herein. This Easement and the undertakings set forth herein shall be enforceable by action for a specific performance, it being agreed and declared that an action for damages would not be an adequate remedy for a breach hereof. 6. Recording. This Easement shall be recorded in the public records of Washington County, Oregon and shall be prior in title to any deed of trust which is now or may hereafter be placed upon either Parcel 1 or Parcel 2. 7. Notices. All notices, requests and other communications hereunder ("Notices") shall be in writing and shall be deemed to have been duly given if directed to the applicable party(ies)at his/its respective addresses set forth above,which Notice shall be effective at the time indicated if given in the following manner: 1. When delivered, if personally delivered by hand; Page 3 Reciprocal Easement Agreement \\Sandy\sandy files%262-1\RECIPROCAL EASEMENT AGREEMENT.wpd • 2. Upon actual receipt by the addressee if transmitted by facsimile to an office of the addressee and marked in prominent lettering "Urgent" (if a facsimile number for such party has been designated below or is subsequently designated in the same manner as a notice of address change would be provided as described below); 3. 72 hours after mailing if mailed postage prepaid, by registered or certified mail, return receipt requested, with an additional copy mailed to the addressee by regular mail; or 4. At 5:00 p.m. (in the applicable time zone) on the day after the Notice is mailed to the addressee by a nationally recognized overnight mail service which guarantees next day delivery and provides tracking services with respect to such delivery. The addresses for all Notice purposes under this Easement shall be as designated on Page 1 of this Easement. However, if any party shall have designated in the manner provided above a different address by Notice to the others, then Notice shall be to the last address so designated. 8. Amendments. This Easement may be amended only by an instrument in writing executed by all the parties. 9. Construction. The captions used in this Easement are provided for convenience only and shall not affect the meaning or interpretation of any provision of this Easement. All references in this Easement to "Section" or"Sections" without additional identification refer to the Section or Sections of this Easement. All words used in this Easement shall be construed to be of such gender or number as the circumstances require. Whenever the words include or including are used in this Easement, they shall be deemed to be followed by the words without limitation. 10. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to conflict-of-laws principles. 11. Attorney Fees. If any suit or action is instituted to interpret or enforce the provisions of this Easement, to rescind this Easement, or otherwise with respect to the subject matter of this Easement, the prevailing party shall be entitled to recover with respect to such issue, in addition to costs, reasonable attorney fees incurred in preparation or in prosecution or defense of such suit or action as determined by the trial court, and if any appeal is taken from such decision, reasonable attorney fees as determined on appeal. The"prevailing party" issue shall be determined by the court or tribunal based on the totality of the issues and circumstances involved. Page 4 Reciprocal Easement Agreement \\Sandy\sandy files'6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd • • • 12. Venue. Any action or proceeding seeking to enforce any provision of, or . based on any right arising out of, this Easement shall be brought against any of the parties in Washington County Circuit Court of the State of Oregon, or, subject to applicable jurisdictional requirements, in the United States District Court for the District of Oregon, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts) in any such action or proceeding and waives any objection to such venue. 13. Severability. If any provision of this Easement shall be invalid or unenforceable in any respect for any reason, the validity and enforceability of any such provision in any other respect and of the remaining provisions of this Easement shall not be in any way impaired. 14. Entire Agreement. This Easement(including the Exhibits, documents, and other instruments referred to in this Easement) constitutes the entire agreement and understanding of the parties with respect to the subject matter of this Easement and supersedes all prior understandings and agreements, whether written or oral, among the parties with respect to such subject matter. EQUI GROUP FUND I, LLC: Kurt H. Dalbey, ole Member Subscribed and sworn to before me this 2"'day of 4Jo>E,r6E-,p, 1999. . / g OFFICIAL SEAL % Nota -ublic s JOAN HAMRICK tk: NOTARY PUBLIC-OREGON (/ My Commission Expires: 4.Z,.�/.?i f `-. COMMISSION NO.309806 4 y p MY COMMISSION EXPIRES FEB 23,2002 J Page 5 Reciprocal Easement Agreement 1\Sandy\sandy files\6262-1\RECIPROCAL EASEMENT AGREEMENT.wpd • • • • D1BIT . J • • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, a portion of Lots 1-4 and vacated SW Gonzaga Street and vacated SW 67t12 Avenue, Block 33, "West Portland Heights", being more particularly descn'bed as follows: Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said • Lot 34 and the easterly extension thereof 130.00 feet to the centerline of vacated SW 676 Avenue;thence N 00°00'00" E along said. centerline, 204.85 feet to centerline of vacated SW Gonzaga Street;'thence S 89°57'00"W along said centerline,225.00 feet to a point which bears N 89°57'00" E 5.00 feet from the . east right of way line of SW 68th Avenue; thence S 00°00'00" E prallel with and 5.00 feet east when measured at right angles to said east right of way line of SW 68 Avenue, 129.91 feet to the south line of Lot 1, Bloc 33;thence N 89°57'00"E along the south line of said Lots 1-4 a distance of 95.00 feet to the northwest corner of Lot 36, Block 33; thence S 00°00'00" E along the west line of Lots 36, 35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 38,972 square feet. • • • • EXHIBIT 2 • • A tract of land situated in the Northeast one-quarter of Section 1,Township 2 South, Range 1 West of the Willamette Meridian. City of Tigard, Washington County, Oregon, being lots 20-26 and a portion of Lot 19 and vacated SW Gonzaga Street and vacated SW 676 Avenue, Block 28, "West Portland Heights", being more particularly described as follows: Beginning at a point on the north line of said Lot 19 that bears N 89°57'00" E 5.00 feet from the northwest corner thereof;thence N 89°57'00" E along the north line of said Lots 19-26,Block 28 and the easterly extension thereof,225.00 feet to the centerline of vacated SW 67th Avenue;thence S 00°00'00" E along said centerline, 129.91 feet to the centerline of vacated SW Gonzaga Street;thence S 89°57'00"W along said centerline, 225.00 feet; thence N 00°00'00" E parallel with and 5.00 feet cast when measured at right angles to the east right of way line of SW 68th Avenue, 129.91 feet to the Point of Beginning. Containing 29,229 square feet. • • •a,• •''• - ',:!•Flea;;•,;;. �1• :,iJ:.:• e••t.--:Pd,• i.r_,,{r, yai • ,_:, NL"t .4--_,. tN E1 i4; :c:: :! a`' a ,t _!v str,;,74.4.'=:..t. + `,.. t ). {ir !' a, -r �pp t. ,,• t>': lt::::.fii !, �w�f ,� ,c, hr.' ''"''" .J" i;i^?4412^kz:I a:; i. d., •I,J.. Y, i,'4 # i ,, ..1;' `r'� �;;"�j• f`'J� ,J!�i_. � 4..te..tl =: ,ls �;y,. t i, # .E x�! i I f,t�x._a.,r V,':.,:1 ;;.-1", 0~ tt Y L.'.ti°;' J. 4 4 r i+ •1'i°:-ail r"` t•.:.:. .. -'r' .r::• a ; ,' .'..S..t»':.nle„a. fr 0 n e #t....i.,f. .i r!:. r,....e•i:f :. .j it, A.. S'°BRAGG.&°BODIE,:.;PC':': :111 ':,a"":�. <- .. ,:,. r,.:., ,-�.t. .. w,, ..11.03:.. . . �EV N ..�, r� ,7.. T -t::;r;'`:as:!t s ••J#.•t�'�-'i1,`r' .L• �,[. -t3' 1.�...{t:.a,.'.. ,d.:. :4^12.4- f#�-:x.. _ Z0:• ;:i;;�. .=i:=`-;.1 �:;i',r, z �y.� t:«.t t-:n#�, .t _f"'�.:, ii• B..,.—— . • ...41-05. c } ! _i 41 p': '. _ ..,:�:. '';� r,:;i:;•. .,_, :-;, , a��i, ::Y. --�, .,.i,P•:,;- S,i �.� ..:tj� ; :w;ii. ' •T'•=ENTER� -� � ', :.ar;...,�,,,... -,•,-,... �. .�;.r, st't�..9 .t _ _ F?ACIIVES C , I�. r'.1,: r. .t w�lµ�4:+.y i(,,...4 ii;>•�t i�., . e h='�+' rc �i`•^ ,.:I •''"yi,�._..a:'. r, tt i ., ..,y7•,',•.'^ t L, t •^ '� >.r,.,, f'tt' l`- r'J.. r1 .S #.•� ,ki iF.�'',x'T jt i eJetY•. i~ 2 ' rtr",:;^7 :;,, .,. ":rut "rl.., ! .a ..a _at c F ni�.'. 121'.1 tSW'iFIFTH'tAVENUE.SUITE^21 1? `'t'..•.f;: I I Y �- -9 , �• Y '.� . t r, :�' :s'I taw. ':�, f �, r� i t. ''� (; .. ■ •, a.:t!v` a ti•• - i �Ii\1»'1 t F='i .�l r-a.tt.- - PORTLANDt-OREGON'972043.21:: ::,;,'at; r a��.aty'x { t,t. t' 1212 � iC"j'Y.. :. ' 9i. ,,,t f .,.�" �i�{ f Rf' L• . • ., "' „ .;i.� �- .. fi�+..,P:e_O ,T ..,,t ' :t .+1• ,,. `�- '! i 4,111;=-,vi'-i2:1,,)-",..7 fly �. � °t ,. `Se r a . ,,x. ���'Ni r •I. � Y 'F i� ,' i >, . 1 AY.TO'THE 3,.'' �'.. �� -��, tt 1'�.: • T�'j 12(12 •^,i 'y 9 i if J 1 t `1 a `t �, TO�N..GO;U�N.. ,:� r , - 1212}: ' , ^..F i J<�� 1 •b" ill � �•, ` -� :��• � -`.41, • i ' /1200 • ` , ,,^ . c- , . . fi • -., ' 1:,• . ;i, _ _".rte File No. 6262"-2• _ ; MEMO . �' _ ._ ._Recording,Fees. • ,_ ., :: :;;.„.._...:. ... .• _t• - , 3 ^- 1212c t• ;:t' % - - :. - _ ” - •' ': ':y k y.._'.�`!: t?:) , n^ 1212 'EI" . .,1; ; . . 1. , j <:i •...::r^r 1 ,,%, .. .1 i 'RENLEY; ROTENBERG;;EVANS, BRAGG,& BODIE •P C .3 2 • 6262=2` 'Weshington County • .. - .$,1;43.;00:-.Recording 'Fees. • .. .. ' • • . September 17, 1999 . • . KM/bh., • .. • • L5 ifs OOH• IS D L ENGINEERING A Division o f Sisul Enterprises, Inc.P 375 PORTLAND AVENUE, GLADSTONE, OREGON 97027 (503)657-0188 April 13, 1999 FAX (503)657-5779 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 ATTN: Mark Roberts RE: Gonzaga Business Park lot line adjustment; J.O. 97-003B City File#MIS98-0024 • Dear Mr. Roberts: Enclosed is a lot line adjustment map and legal descriptions, as furnished to us by Andy Paris & Associates, for this proposed lot line adjustment. Condition #1 of the Lot Line Adjustment's Conditions of Approval requires the map to be submitted to the Engineering Department. Please advise us if what has been submitted is acceptable to the City. Condition #2 references the need to submit to the City a Reciprocal Easement for Access and Maintenance Rights along the common lot line. This information will be submitted to the City separately, probably by the applicants title company. Should you have any questions, please feel free to give us a call. Sin -rely, Thomas J. is 1, P.E. A TJS/lae Enc. Please... ( RO UTING 11�TING & REQUEST pc: David Bissett, David Bissett& Associates ❑ Read Harry Salo, Andy Paris & Associates To: ntYW ❑ Handle O`s 1ift [ pprove r And... ❑ F and • afieturn ❑ Keep or Recycle ❑ Review with Me From: 'Atka( Post4t®7664©3111995 ) Date: (t C(91 • • ANDY PARIS & ASSOCIATES, INC. REGISTERED PROFESSIONAL LAND SURVEYORS 15962 BOONES FERRY ROAD LAKE OSWEGO,OREGON 97035 PH:(503)636-3341 FAX:(503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lot 800—Map 2S 1 lAD DATE: March 31, 1999 JOB NO.: 98217 NAME: Kurt Dalbey LOCATION: SW 68th Avenue City of Tigard Planning File No. (MIS)98-0024 -Portion of Tax Lot 800 to be conveyed to Tax Lot 1700 ********************************************************************************************* FOR USE ON LEGAL INSTRUMENT EXHIBIT "A" A tract of land situated in the Northeast one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, and a portion of vacated SW Gonzaga Street and vacated SW 67th Avenue, Block 33, "West Portland Heights", being more particularly described as follows: Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said Lot 34 and the easterly extension thereof, 130.00 feet to the centerline of vacated SW 67th Avenue; thence - N 00°00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street;"thence S 89°57'00" W along said centerline, 130.00 feet to the northerly extension of the west line of said Lot 5, Block 33, "West Portland Heights"; thence S 00°00'00" E along said northerly extension and the west line thereof, 129.91 feet to the northwest corner of said Lot 36; thence continuing S 00°00'00" E along the west line of said Lots 36, 35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 26,630 square feet. REGISTERED PROFESSIONAL • LA r- -URVEYO- � r OREGO • JANUARY 15,1987 HAROLD P. SALO 2264 • • ANDY PARIS & ASSOCIATES, INC. • REGISTERED_PROFESSIONAL LAND SURVEYORS • 15962 BOONES FERRY ROAD LAKE OSWEGO,OREGON 97035 PH:(503)636-3341 FAX:(503)636-0477 PROPERTY DESCRIPTION: Tax Lot 1700 and a Portion of Tax Lot 800 Map 2S 1 1AD . DATE: March 31, 1999 JOB NO.: 98217 NAME: Kurt Dalbey LOCATION: SW 68th Avenue Tract 1 —City of Tigard Planning File No. (MIS)98-0024 Property Line Adjustment ******************************************************************************************** FOR USE ON LEGAL INSTRUMENT EXHIBIT "A" A tract of land situated in the Northeast one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 5-8, 34-36, a portion of Lots 1-4. and vacated SW Gonzaga Street and vacated SW 67`h. Avenue, Block 33, "West Portland Heights", being more particularly described as follows: Beginning at the southwest corner of Lot 34, Block 33; thence N 89°57'00" E along the south line of said Lot 34 and the easterly extension thereof, 130.00 feet to the centerline of vacated SW 67th Avenue; thence N 00°00'00" E along said centerline, 204.85 feet to centerline of vacated SW Gonzaga Street; thence S 89°57'00" W along said centerline, 225.00 feet to a point which bears N 89°57'00" E 5.00 feet from the east-right of way line of SW 68th Avenue; thence S 00°00'00" E parallel with and 5.00 feet east when measured at right angles to said east right of way line of SW 68th Avenue, 129.91 feet to the south line of Lot 1, Bloc 33; thence N 89°57'00" E along the south line of said Lots 1-4 a distance of 95.00 feet to the northwest corner of Lot 36, Block 33; thence S 00°00'00" E along the west line of Lots 36, 35, and 34 a distance of 74.94 feet to the Point of Beginning. Containing 38,972 square feet. • REGISTERED • PROFESSIONAL LA • SURVEY• - • r1W, OREGO JANUARY 15.1997 • HAROLD P. SALO • 2264 • r A NDY PARIS & ASSOCIATES, INC. - REGISTERED PROFESSIONAL LAND SURVEYORS • 15962 BOONES FERRY ROAD LAKE OSWEGO,OREGON 97035 PH:(503)636-3341 FAX:(503)636-0477 PROPERTY DESCRIPTION: A Portion of Tax Lot 800—Map 2S 1 lAD DATE: March 31, 1999 JOB NO.: 98217 . NAME: Kurt Dalbey LOCATION: SW 68th Avenue Tract 2—City of Tigard Planning File No. (MIS)98-0024 Property Line Adjustment ******************************************************************************************** FOR USE ON LEGAL INSTRUMENT EXHIBIT "A" A tract of land situated in the Northeast one-quarter of Section 1, Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, being lots 20-26 and a portion of Lot 19 and vacated SW Gonzaga Street and vacated SW 67th Avenue, Block 28, "West Portland Heights", being more particularly described as follows: Beginning at a point on the north line of said Lot 19 that bears N 89°57'00" E 5.00 feet from the northwest corner thereof; thence N 89°57'00" E along the north line of said Lots 19-26, Block 28 and the easterly extension thereof, 225.00 feet to the centerline of vacated SW 67th Avenue; thence S 00°00'00" E along said centerline, 129.91 feet to the centerline of vacated SW Gonzaga Street; thence S 89°57'00" W along said centerline, 225.00 feet; thence N 00°00'00" E parallel with and 5.00 feet east when measured at right angles to the east right of way line of SW 68th Avenue, 129.91 feet to the Point of Beginning. Containing 29,229 square feet. • REGISTERED PROFESSIONAL LA,r URVEEYy- ,.//'`�' � OR %N . JANUARY 15,1987 HAROLZ6P. SALO A7 /39g - OOQ2 Lf- . . • , w RECORD OF SURVEY . 5/8 I.R. W/YPC STAMPED "WLMc #808" FLUSH, TIED IN S.N. 24573 -- NOT co TIED IN THIS SURVEY BEING LOTS 19-26, BLOCK 28 AND LOTS 1-8 & SW FRANKLIN ST. 34-36, BLOCK 33 AND VACATED SW GONZAGA ST. AND SW 67TH AVE., "WEST PORTLAND HEIGHTS" 30' 30' IN THE NE 1/4 SEC. 1, T.2S., R1W., W.M. CITY OF TIGARD WASHINGTON COUNTY, OREGON .. - w d MARCH 31, 1999 SCALE 1"= 60' CITY OF TIGARD CASE FILE (MIS) 98--0024 2 NO G� Ch o Ch el ° OWNER/APPLICANT it i \Y v in V KURT DALBEY 7125 SW HAMPTON STREET Q 0 N 89'57'00" E I 1225.0 230.00' I O N TIGARD, OR 97223 Y 14 t: 1 2~ (14 ZS c rn N o 5.00' WIDE ROAD "' - TRACT 2 °° 2l DEDICATION w v G`� 1,299 SQ. FT. 29,229 S.F. o o0 Q�` O o N PROPOSED ACCESS & N o o vV o N UTILITY EASEMENT PROPOSED ADJUSTED o H 03 _30.00 WIDE PROPERTY LINE ° v co"' I _L _!__ _L I , I J ? > vN VACATED DOC. 93101917 NARRA Tl VE: *0 S W re) GONZAGA '? ! ST. THE PURPOSE OF THIS SURVEY WAS TO SHOW THE LOCATION OF A PROPOSED O c( PROPERT LINE ADJUSTMENT BETWEEN TWO TRACTS OF LAND DESCRIBED IN DOCUMENT S 89'57'00" W 1 a 2 5.0 0 ►n NO.'S: 96088718 AND 96102323 PER CITY OF TIGARD PLANNING FILE NO. (MIS) 98-0024. o \ 71-1E BOUNDARIES OF BLOCKS 28 AND 33 HAD PREV/OUSL Y BEEN CALCULATED IN to w . SURVEYS BY ANDY PARIS & ASSOCIATES AS RECORDED IN SURVEY NO.'S:: 22089 AND 24573 AND AGREED TO IN SURVEY NO. 27023, BEING A SURVEY IN BLOCK 33. o- T T T 1 T T 1 I HELD THE PROPORTIONS FROM SAID SURVEY TO ESTABLISH THE NORTHINGS OF o Po - TRACT 1 I THE SUBJECT PROPERTIES AND RECORD DATA PER PLAT AND ABOVE MENTIONED o °, EXISTING ►- SURVEYS FOR THE EAST AND WEST LINES AS SHOWN. Z c0'v PROPERTY LINE `38,972 S.F. I THE BASIS OF BEARINGS IS THE FOUND MONUMENTS HELD FOR THE CENTERLINE a) OF SW HAMPTON STREET AS N 89'57'00" W PER SURVEY NO. 24573. 1 2 3 4 5 6 7 8 CONTROLLING ELEMENTS OF RECORD: "WEST PORTLAND HEIGHTS", SURVEY NO.'S: 00 5/8"1.R. W/YPC STAMPES j In EXISTING UTILITY EASEMENT 22089, 24573, 27023, AND 27129. (0 "WESTLAKE WESTLAKE CONSULTANTS oo I IN VACATED STREETS [S.N. 27023 DOWN 0.8' o 60' WIDE • S 40'07'10" W 0.18' " N I 030_.00' 1 95 i0O' 1 i-- __L. J_ __I_ ( E . N 89'57'00" E -j EXISTING 30' WIDE 9 w 36 il 115' 15' ACCESS EASEMENT H o rn P LEGEND: 10 0 4 35 AA_ 5/8"I.R. W/YPC STAMPED" o Hi N.�O^ I JK p 5/8" X 30" IRON ROD 1417H YELLOW PLASTIC CAP STAMPED "WESTLAKE CONSULTANTS NT_ 34 < co 0 "PARIS & ASSOC. PLS 2264 SET ON 11 > �o HELD [S.N. 27023] FLUSH E 0 r OG _ I 0n�n ( �� • MONUMENT FOUND AS NOTED o _ . N 89'57'00" E 130.00' O 1 • h. 12 d' 33 lo I.R. IRON ROD cv i 32 H I vi 13 I W/YPC WITH YELLOW PLASTIC CAP 5/8"/.R. W/DESTROYED N 89'57'00" E 130.00'1 S.N. SURVEY NUMBER, WASHINGTON COUNTY SURVEY RECORDS. r`' ^ -"YELLOW PLASTIC CAP M HELD (S.N. 22089] 31 5/8"I.R. W/YPC ( ) RECORD DATA 14 H ' I G73]] [ ] 15 30 rn (,S/) (S.N. 24 PROBABLE ORIGIN OF MONUMENT P. PLAT, "WEST PORTLAND HEIGHTS" — H t--30' 30' 16 100.00' 29 m"-------5/8"l.R. W/YPC I ILLEGIBLE HELD Li [S.N. 24573] CO 17 28 I0 ww 0 0 18 27 0 REGISTERED 0 p o f TT T T I 1 z PROFESSIONAL_ 0 0 I .1"•• LAN SUR Ye 00 I ..�CO Z BLOCK 33 ,11Arir _. 19 20 21 22 23 24 25 26 OREG•N JANUARY 18,1087 HAROLD P. SALO 2284 1 I 1 1 I EXPIRES: JUNE 30, 2000 5/8"I.R. DOWN 0.2' BASIS OF BEARINGS (260.00') ,°, RECEIVED: SURVEYED BY: IN MONUMENT BOX • N 89.57'00" E 260.00' .,' ACCEPTED ANDY PARIS AND ASSOCIATES, INC. 0 1/2"/.R DOWN 0.3' FOR FlL1NG. 15962 BOONES FERRY ROAD SW HAMPTON M IN MONUMENT BOX ST, LAKE OSWEGO, OREGON 97035-4351 Z HELD N-S, 0.13'W. WASHINGTON COUNTY SURVEYOR'S OFFICE PH: 636-3341 PROJECT: 98217 DRAWING: 98217LLA.D WG r ' i • A AFFIDAVIT OF MAILING `V'''' CITY OF TIOARD . Community Development Shaping Better Community STATL, of ougoN ) County of Washington )ss. City of Tigard ) I, Patricia L. Lunsford, being first duly sworn/affirm, on oath depose and say that I am an Administrative Specialist II for the City of Tigard, Washington County, Oregon and that I served the following: (Check Appropriate Box(s)tom) © NOTICE OF PENDING LAND USE APPLICATION FOR: MIS 98-0024/DALBEY LOT LINE ADJUSTMENT ❑ AMENDED NOTICE (File No/Name Reference) 0 City of Tigard Planning Director ❑ NOTICE OF DECISION FOR: ❑ AMENDED NOTICE (File No/Name Reference) ❑ City of Tigard Planning Director ❑ NOTICE OF PUBLIC HEARING FOR: / ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council ❑ NOTICE OF FINAL ORDER NO. FOR: ❑ AMENDED NOTICE (File No/Name Reference) (Date of Public Hearing) ❑ City of Tigard Planning Director ❑ Tigard Hearings Officer ❑ Tigard Planning Commission ❑ Tigard City Council u NOTICE OF: (Type/Kind of Notice) FOR: I (File No/Name Reference) (Date of Public Hearing.if applicable) A copy of the PUBLIC HEARING NOTICE/NOTICE OF DECISION/NOTICE OF FINAL ORDER/OTHER NOTICES) of which is attached, marked Exhibit "A", was mailed to each named person(s) at the address(s) shown on the attached list(s), marked Exhii6rB", on the 26th day of January,1999, and deposited in the United States Mail on the 26th day of January,1999, /postage prepaid. l AV — 4 INIPA,A,Ar,(/ (Perso hat-Rr4par;e4 No''-) Subscribed and sworn/affirmed b.- ore me on the day of At , , 19 ���, OFFICIAL SEAL I / , i//� � /� .f ` � ) DIANE M JELDERKS 1 ",; NOTARY PUBLIC-OREGON 1 t I ,i' t ' I : I I —4i t Y CO COMMISSION SEPTEMBER fat 93'fr My Commission Expire.: • • XHIBY'� NOTICE OF DECISION., a <a : - rt: r Al" - LOT LINE ADJUSTMENT(MIS)`90-0024; " I b I c CITY OF TIOARD I" DALBETLOT LINE ADJUSTMENT ` X Community q)eveCopment s: : . . " *Ping A Better Community 120 DAYS = 5/6/99 SECTION I. APPLICATION SUMMARY CASE: FILE NAME: DALBEY LOT LINE ADJUSTMENT Lot Line Adjustment (MIS) 98-0024 PROPOSAL: The applicant has requested Lot Line Adjustment approval to adjust the common property line between two (2) parcels under common ownership. APPLICANT/ Kurt Dalbey OWNER OWNER 7125 SW Hampton Street PARCEL 2: Same PARCEL 1: Tigard, OR 97223 LOCATIONS: The parcels are located on SW 68th Avenue, south of SW Franklin Street and north of SW Hampton Street. PARCEL 1: 12670 SW 68th Avenue; WCTM 2S101AD, Tax Lot 01700. PARCEL 2: 12550 SW 68th Avenue; WCTM 2S101AD, Tax Lot 00800. COMPREHENSIVE PLAN DESIGNATION: Mixed Use Employment; MUE. ZONING DESIGNATION: MUE; Mixed Use Employment. The purpose of the MUE zoning district is to create a mixed use employment district to provide opportunities for employment and for new business and professional services in close proximity to retail centers and major transportation facilities, to provide for major retail goods and services accessible to the general public and minor retail goods and services accessible to the public which works and lives within the MUE district. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.520. SECTION II. DECISION • ;!Notice is hereby - iven:that the.City of Tigard Community"Development::Director's designee ''haSKAPPROVED the above-request subject to certain conditions of approval.; The findings and conclusions on which the decision is based are noted in Section-.IV. NOTICE OF DECISION MIS 98-0024—DALBEY LOT LINE ADJUSTMENT PAGE 1 OF 4 • • CONDITIONS OF APPROVAL PRIOR TO THE RECORDING"OF THELOT LINEADJUSTMENT,THEtE,OLLOWING CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED,THE STAFF CONTACT SHALL BE"BRIAN,RAGER IN THE`ENGINEERING DEPARTMENT(503) 639-4171:<. 1. Prior to recording, a Lot Line Adjustment survey map and legal descriptions showing the existing and proposed lot lines shall be reviewed and approved by the Engineering Department. The survey map shall include all access and utility easements. 2. A reciprocal easement which will ensure access and maintenance rights shall be reviewed and approved by the City prior to being recorded with the approved Lot Line Adjustment map. Fria, ... THIS.-APPROVAL SHALL BE VALID,FOR,18 MONTHS, :FROM THE'EFFECTIVE DATE OFTHIS DEYCISION '. .,, SECTION III. BACKGROUND INFORMATION Site Information: The site received Site Development Review approval in 1997 (SDR 97-0003) as the Gonzaga Business Park. The site is comprised of two (2) parcels of land, Tax Lot 00800 and Tax Lot 01700. The approved Business Park remains undeveloped at the present time. The project will include two (2) flex-space buildings and associated parking. Proposal Description: Under the existing parcel configuration, one (1) of the Business Park buildings would have straddled a property line. A condition of approval of the Site Development Review (SDR) required that the lots be consolidated in order to remove this condition. The current property owner proposes instead, to adjust the common property line so that each building sits on a separate lot. Staff agrees that this approach will meet the intent of the aforementioned Condition of the Approval. The applicant proposes to adjust the common property line between the subject parcels as shown on the Lot Line Adjustment map. Tax Lot 00800 currently contains approximately 1.30 acres and Tax Lot 01700 contains approximately 0.30 acres. The adjustment would move the common boundary line from its current north-south orientation to an east-west orientation as shown on the Site Plan exhibit map. The adjustment would result in a transfer of approximately 0.60 acres from Tax Lot 00800 to Tax Lot 01700. Final parcel sizes after the proposed adjustment would be approximately 0.67 acres (Tax Lot 00800) and approximately 0.90 acres (Tax Lot 01700). NOTICE OF DECISION MIS 98-0024-DALBEY LOT LINE ADJUSTMENT PAGE 2 OF 4 • • SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: LOT LINE ADJUSTMENT -APPROVAL STANDARDS: Section 18.410.040 contains the following standards for approval of a Lot Line Adjustment request: 18.410.040 -Approval Criteria. The Director shall approve or deny a request for a lot line adjustment in writing based on findings that the following criteria are satisfied: An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; No new lots will be created as part of this adjustment; two (2) lots exist and two (2) lots will remain after the proposed adjustment. The underlying zoning is MUE, which has no minimum lot size for commercial uses (TMC 18.520.2). Therefore, this standard is satisfied. By reducing the lot size, the lot or structures(s) on the lot will not be in violation of the site development or zoning district regulations for that district; The proposed Lot Line Adjustment would reduce the size of Tax Lot 00800 and increase the size of Tax Lot 01700. This standard, therefore, applies only to Tax Lot 00800. As noted above, there is no minimum lot size in the MUE zone for commercial uses. The minimum lot width is 50 feet, however, the proposed lot line adjustment would not affect the width of either Tax Lot. Furthermore, the MUE zone requires no setbacks except where residential zoning abuts a commercial use. Since the site is surrounded by property under MUE zoning, no setbacks are required. The lot line adjustment will not affect the approved site coverage or landscaping. The MUE zone also requires a maximum Floor Area Ratio of 0.40 that the proposed Lot 800 does not meet. According to the applicant's information and detailed site plan, the adjusted Lot 800 would have an area of 29,250 square feet and a building size of 11,700 square feet. This equates to a Floor Area Ratio of exactly 0.40. Based on the above analysis, therefore, this standard is satisfied. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: A. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; B. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the access way may not be included in the lot area calculation; C. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; and D. Setbacks shall be as required by the applicable zoning district. As noted above, the underlying MUE zoning district has no setback or minimum lot size requirements. Therefore, a., b. and d., above do not apply. With regard to c., above, a partition is not proposed at this time; however, both lots have 130 feet of frontage on a public street (SW 68th Avenue) which is in excess of the 50-foot minimum. Therefore, the above standards are either satisfied outright or do not apply. NOTICE OF DECISION MIS 98-0024-DALBEY LOT LINE ADJUSTMENT PAGE 3 OF 4 • • With regard to flag lots: • A. When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side yard is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. B. A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. Neither lot is a flag lot, therefore, this standard does not apply. The fire district may require the installation of a fire hydrant where the length of an access way would have a detrimental effect on fire-fighting capabilities. No access way is being created or altered; therefore, this standard does not apply. Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approved partition map. The site plan indicates that a 30-foot access easement is proposed to provide access to the two parcels. After the proposed Lot Line Adjustment, this easement would be centered on the common property line. Condition of Approval #2 requires that a reciprocal easement which will ensure access and maintenance rights shall be reviewed and approved by the City and then recorded with the approved Lot Line Adjustment map. Any access way shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation. The access way was reviewed and approved as part of the original Site Development Review. The proposed Lot Line Adjustment will not alter the access way, therefore, this standard does not apply. SECTION V. PROCEDURE AND APPEAL INFORMATION A lot line adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS:FINAL AS OF JANUARY 26; 1999. -. -, ,-` ;. THE EFFECTIVE DATE OF THIS DECISION SHALL BE JANUARY 27, 1999. II Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Bowlev d, Tigard, Oregon at (503) 639-4171. 1. 8-4-At January 26. 1999 PREPARED BY: __Mark J. Roberts _ DATE (---- ---_ A ssocia - Planner / _ _.� °��� - January 26. 1999 APPROV D BY: Richard Bewer o• DATE Planning Mana• -r is\curpin\mjr\mis\mis98-24.I1a NOTICE OF DECISION MIS 98-0024—DALBEY LOT LINE ADJUSTMENT PAGE 4 OF 4 • • • .. 5'QDEDICATION PER SITE DESIGN REVIEW. I N89'57'00"E 230.00' 5.00' TAX LOT 800 1 o ORIGINAL SIZE = 1.30AC ' rn NEW SIZE = 0.67AC PROPOSED BUILDING P Id ENVELOPE—\ 00 0 Qo PROPOSED ACCESS Z Z EASEMENT 30' W 2 00 NEW PROPERTY LINE VD N89.57'00"E 100.00' N89'57'00"E 130.00' CZ Q. w W Z 0 0J 0 o )- M 0 d '- 0 TAX LOT 1700 a Z ORIGINAL SIZE = 0.30AC 2 Z 0 W NEW SIZE = 0.90AC - W J 0 W z o o z o PROPOSED BUILDING o • Q o 0 z ENVELOPE o Z Z Cl. L 30' 0 N89'57'OO'E 100.00' EXISTING 30'--,�I Cie o ACCESS EASE. Q 0 0 TL 1600 p sow f EXISTING 60' UTILITY EASE._,� 60' APPLICANT/OWNER: oo O KURT DALBEY 7125 SW HAMPTON ST. N89'57'00"E 130.00' PORTLAND, OR 97223 _ (503)670-3000 TL 1000 C� LEGAL: 2S-1W-SECTION 1(AD) -- I i I r TAX LOTS 800, 1700 z SW HAMPTON STREET (map Is not to scale) DALBEY LOT LINE ADJUSTMENT SITE PLAN • 11/4. MIS 98-0024 EXHIBIT MAP N • . _ • , _ , . CITY of TIGARD GEOGRAPHIC INFORMATION SYSTEM I I .., (,) > VICINITY MAP _ Q 2 ��, DALBEY T FRANKLIN ST - - LOT LINE ADJUSTMENT . J TWO (2) SUBJECT BEVELAND ST PARCELS MIS 98-0024'‘' ■ 1 lir GONZAGA ST _k\\\ ap • SW —_ . N HAMPTON ST 0 100 200 300 Feet 1"=245 feet 0) CO -I . - 2 1 City of,Tigard I Information on this map is for general location only and C _ should be verified with the Development Services Division.. \ Q 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 • http://www.ci.tigard.or.us Plot date:Jan 14, 1999;C:\magic\MAGICO2.APR Community Development MI.S.98-0024 DALBEY LOT LINE êUSTMENT (Page 1 of 1)• vu B KURT DALBEY 7125 SW HAMPTON STREET TIGARD OR 97223 • • • i ,. . LOT LINE ADJUSTMENT, A:-' APPLICATION CITY OF TIGARD :73725 SW Hall Blvd, Tigard, OR 97223(503)639-4171 FAX(503) 684-7297 • • GENERAL INFORMATION ; 04:i 1 D 'Andrea • PRE-APP.HELD WrH: . g_� DATE OF PRE-APP.: 1-2-97 ii \ Address(s): 12670 SW 68th Avenue . Property Address(s): . Tigard, OR • FOR STAFF U.ctE ONLY .. Tax Map &Tax Lot(a): 2S 1W Section 1 (AD) a^ 59? �n� Case No.(s): ,►' ` . Tax Lot 1700 Other Case No.(S)-•_ Property Owrier(s): Kurt Da l be y Receipt No.: i -31(.�i • Address: 7125 SW Hampton Phone: 670-3000 A p p l i c a t i o n Accepted 6y: ' ' • Date: / .e( e city: Portland, OR dip: 97223 .--- • ==---•°°�: Date Determined To Complete:. •• 12550 SW '68th Avenue Property Address(s): •. .. � • • .• • Tigard, OR Comp Plan/Zo a Designation: Tax Map &Tax Lot e( )_ 2S 1W Section 1(AD) Tax Lot 800 / . • ::: Kurt Da1be CITArea; •�' � ,.� '•:'� :''. .,;:�•''.. . Property Owner(s): y . •••••• y Date Recorded and Number_ "•,:•-•,• • Address: 7125 SW Hampton Phone: 670-3000 • • city: Portland, OR m..,.: 97223 Rev.841/96 E p,� _ • AppllcantiAgent: Same as owner Address: Phone: '� Cry. Trp: REQUIRED SUBMT'AL ELE�NIENTS `When the owner and the applicant are different people, the applicant Application Elements Submitted: must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) a Application Form • must sign this application in the space provided on the back of this ❑ Owner's SignatureiWritt;an Authorization form or submit a written authorization with this application. ❑ Tale Transfer instrument or Deed PROPOSAL$JJMMARY ❑ • Preliminary Map(6 copies) q Site/Plbt Plan(8 4`x 11' .. • The owners of record of the subject property request Lot Line p of copies.based on p app chedc ) Adjustment permission to adjust ❑ Applicant`s statement 2 ' *parcels of 1.30 acreald 0.30 acres (s of copies based on pre-pp chedc fist) • . (number) ; (acreage or square footage) ❑ Ring Fee 3270.00 • into 2 parcels of,0.67 acresand 0. 90 acres • _ ` - (number) (acreage or square footage) 1 • i • • List any VARIANCE, CONDITIONAL USE, SENSmVE LANDS, OR OTHER LAND USE ACTIONS to be considered as. part of this application: • • APPLICANTS: ' To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMEI a described on the front of this application in the"Required Submittal Elements" box. (Detailed Submittal Requirement Information-sheets can be obtained, upon request,for all types of Land Use Applications.) THE APPUCANT(S)SHALL.CERTIFY THAT: • I1 - .•V , _7 • •_: • • ,l ' l • zz• l'=�, !L! • , -A 1I -s a lam. 1 • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan, attachments, and exhibits transmitted herewith, are true: and the applicants so acknowledge that any permit issued, based on this application, may be revoked if it is found that any such statements are false. - • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. • stCNATUAES;of each owner of the subject property. DATED this 1 ( day of ,19 / (=I:2=449111 Owner's Signature Owner's Signature Owner's Signature Owner's Signature • 2 • /Am1p1111� �\ CITY OF TIGARD OREGON January 7, 1999 Mr. Kurt Dalbey 7125 SW Hampton Tigard, OR 97223 Re: Notice of Complete Application Submittal (MIS 98-0024) Dear Mr. Dalbey: This letter is to inform you that your application for a Lot Line Adjustment (City file reference: MIS 98-0024) is considered complete and has been accepted by the Planning Division. If,you have any questions concerning this information, please feel free to contact me at (503) 639-4171 ext. 315. Sincerely, yi4„' Mark J.'Roberts Associate Planner • is\curpin\mjr\mis\mis98-24.cmp c: L MIS-98=0024 Land"use file: - 13125 SW Hall Blvd., Tigard, OR 97223 (503)639-4171 TDD (503)684-2772 r. • •ENGI NEERI NG SOt A Division of Sisul Enterprises, Inc. .f P 375 PORTLAND AVENUE, GLADSTONE, OREGON 97027 (503) 657-0188 FAX (503)657-5779 December 2, 1998 City of Tigard 13125 SW Hall Blvd Tigard, OR 97223 ATTN: Planning Staff RE: Lot Line Adjustment—SW 68th Ave. Dear Staff: This letter is for the purpose of providing the City with additional information required for this Lot Line Adjustment Application. The proposed site is located at 12670 and 12550 SW 68th Avenue, north of SW Hampton Road. The legal descriptions for the parcels are as follows: T 2S, R 1W, Section 1 (AD), Tax Lots 1700 and 800. This parcel has been through the City of Tigard's Site Development Review process, and the City's case number is SDR 97-0003. Following are the applicable criteria requirements for the City's approval of this Lot Line Adjustment Application. The criteria is from the City of Tigard's Chapter 18.410 (Lot Line Adjustments) of the Development Code. 18.410.040 Approval Criteria 18.410.040 A. Approval Criteria 18.410.040 A.1. — An additional parcel is not created by the lot line adjustment, and the existing parcel reduced in size by the adjustments is not reduced below the minimum lot size established by the zoning district; The proposed Lot Line Adjustment involves Tax Lots 1700 and 800 only, and does not create a new lot. Please refer to the site plan included with this application. The lot line separating the two parcels that is orientated in the west- east direction, will be extended to the eastern boundary of Tax Lot 800. The lot line currently separating the parcels in the north-south direction will be eliminated. The two parcels are currently within the C-P.(Commercial —Professional) Zoning District and will comply with all zoning requirements. The parcel that is reduced with this action is Tax Lot 800. The parcel is currently 1.30 acres in size, and with the adjustment, will become 0.67 acres. Tax Lot 1700 is currently 0.30 acres, and will be adjusted to 0.90 acres. The adjusted acreages include the 5' • • r , right-of-way dedication requested as part of the Site Design Review. The minimum lot size allowed in this district is 6,000 square feet or 0.14 acres. Tax Lot 800 will comply with the minimum lot size requirement of this district. 18.410.040 A. 2. —By reducing the lot size, the lot or structure(s) on the lot will not be in violation of the site development or zoning district regulations for that district; As stated in the section above, Tax Lot 800 will comply with the minimum requirements of the zoning district. The minimum lot width requirements for this district is 50 feet, both parcels meet or exceed this requirement. The building setback requirements do not apply to this parcel since it does not abut a residential zoning district. Proposed building locations are noted on the site plan. The building located on Tax Lot 800 will be set back from the northern property line 5-feet. The building on Tax Lot 1700 will be 10-feet from the southwestern property line. 18.410.040 A. 3. —The resulting parcels are in conformity with the dimensional standards of the zoning district, including: a. The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; The proposed building envelopes, as indicated on the enclosed site plan map, will comply with all requirements of the C-P zoning district. b. The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the accessway may not be included in the lot area; The lot area of both parcels will comply with the C-P Zoning District's minimum requirements. A flag lot is not proposed in this application, therefore this requirement does not apply. c. Each lot created through the partition process shall front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement; Each parcel will front SW 68th Ave along the western boundary. Both frontages along SW 68th Avenue are 130-feet, exceeding the minimum requirements of this section. d. Setbacks shall be as required by the applicable zoning district: The minimum setback requirements of this zoning district are zero feet unless the parcel abuts a residential zoning district. Neither of these parcels are adjacent to a residential district, therefore the minimum setback requirements are zero feet. 18.410.040 A. 4. —With regards to flag lots; This Lot Line Adjustment will not create any flag lots, therefore this section does not apply. 970031t1.doc • • 18.410.040 A. 5. — The fire department may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. Currently there are two existing fire hydrants that are within close proximity to this site. A hydrant is located within the right-of-way of SW 68th Avenue at the northwest corner of the property. A second hydrant is located approximately 20- feet on the neighboring property to the southeast. The hydrants are within the allowable Fire Code distance to be of service to both of the proposed buildings. New hydrants on-site will not be necessary. 18.410.040 A. 6. —Where a common drive is to be provided to serve more than one lot, a reciprocal easement which will ensure access and maintenance rights shall be recorded with the approval partition map; To maintain access rights to both parcels, a 30-foot access easement is proposed along the common property line. Currently there is 15-feet of a 30-foot access easement existing along the eastern boundary of the two parcels. Please refer to the included site plan for more information. 18.410.040 A. 7. — Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress, and Circulation; This site will access SW 68th Avenue along the western boundary line, and any access requirements of the City will be met. As mentioned before, the City is currently reviewing this site for Site Design, and any dimensional requirements are addressed in that review. The proposed accessway is 30 feet in width, which complies with Chapter 18.705 width requirements for commercial use. With this letter and the submittal items include, it is our hope that you will find this application for the Lot Line Adjustment complete. We believe the criteria set forth by the City's code are met, and therefore the City can approve this request for Lot Line Adjustment. If you have any questions or comments, please feel free to contact us. Sincerely, Curtis P Pellatz 970031t1.doc DEC-15-1998 10:24 VENERABLE - BISSETT 503 224 2311. P.03/05 . ////-lthA OREGON TITLE (!j !I!J Insuraace Compa.n After ±++g, Return to: . Itiut H. Dal bey , . • 7225 S.W.. . - Portland, Oregon 97228 . - :until a die is raguested, tax stzrtements ' 'shall be .sue to the : . £o" acldss hat H. =.b>ry s • . • 7125 S.M. Hampton : . . Ftsrtlend. Wagon 97228 .• (Ireli ) Dwight L. Resuan& also know as Dwight Renze:tia. and Sandra L. Renzsm3 coneys and ret:snta to Wart R. Calhey the following desk real property in the State of Oregon. and Casty of Washington free of enciftmoncee, except as specifically set forth herein: r t 4 ( 19 9 PIa rrta�s rao R? I y 116Z, Tax Account N mher(t): 2sicuszotaaa & 25101=001700 This property is tree of enazribrances. , EXCEPT: 1. The subject property lies Within the bcur:daries of the Chiliad Sewerage Agency and is subject to the levies and asset:Went-1 thsr of. 2. The subject: property lies within the boxIdaries of the 'Nalati : Valley Water District and is subj=t to the levies and assessments thereof. (Continued) The true cons Dorf this conveyanoa is S817,212.S0 as paid by an aceor:Caodator rsuant��� ir THE PRdPER Y EIESCRESED IN TR= ilienuisEavr IN VIOLA- TIM or Ap?t.YtaBLE Laren USE LAMS AND VECULATLOKS. WOW SZLNW OR AA=Prxmc THIS II ,`iP17- M 4T. THE PE A07.10 NG PEE TITLE TO THE PROPERTY Y WAD QIIMIc WM THE APPROPRIATE =T r OR comm PLANK= =PARDOND SO VEAIPY APPROVED USES AND TO DETERMINE ANY LIMITS OK LAW- SurrS AGAINST FAIa'mo CR FOP pawn= As DEFINED IN 30.930. • • ,... ., / . day of Deoeiber, 1998. k-_,.. 41'.._-. -0— •" ' 1-'6- ei4A 4 /4/47_ 141-7C.t.1 ' • "-" t .,• Remota L. Penn= • • =an OF MEM, Cu.rrt of Washirgti* )ss. • Its foregoing - - = adarowledged before m? this / day-of =ember, 1998. by • • - Night L. - ._, also - - as Dwight tmna, and Santa L. Remora. • AMP - • fo..e;>, JOAN PA ALDRICH fKIWI'?pIjBuc.0 EGON I�t�Y -^- f-- Oregon COW/38810N M0.A054251 NV •- - ,, . ... -_; 40�f�~ Od" COMMISS EIllscs JUNE 6.2000 No.: 152622i, DEC-15-1998 10:24 VENERABLE - BISSETT 503 224 2311 P.04/05 • ATU OR"3 WARRANTY DE • . - (CONTINUED) LEGAL ImiSCIwTION (Continued) Order No. : 158622W PARCEL I: Lets 19, 20, 21 and 22, nook 28, according to the duly filed plat of WEST PCRTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Bock 1, Page 55,• PeOords of the County. of .Washington and State of C regan. TOGETHER WITH that portion of vacated S.W. Ganzag-a Street as vacated by Recorder's Fee No 93101917, which inures ;by law. • PARCEL II: Lots 23, 24, 25 and 26, Block 28, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed_March 22, 1950, in Plat Brno 1, Page 55, Records of the County of Washington and Stag of . =M EM W o that portion of vacated S.W. 67th Avenues and S.W. Gonzaga Street as vacated by Recorder's Fee No. 64029927 and 84047786, which inures by law. PARCEL IIZ: Lots 5, 6, 7 and 8, Block 33, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22, 1950, in Plat Back 1, Page 55, Records of the County of Washington and State of Oregon, EXCEM the South 25 feet thereof. 'i0[ sl'C R WITH that portion of vacated S.W. 67th Avenue and S.W. Gonzaga Street as vacated by s's tea Mos. 81-031800, 64-029927 and 93101917, which inures by law. PARCEL IV: Lots 34, 35, 36 and the South 25 feet of Lots 5, 6, 7 and 8, Block 33, according to the duly filed plat of WEST PORTLAND HEIGHTS, in the City of Tigard, filed March 22. 1950, in Plat Bock 1, Page 55, Records of the County of Washington and State of Oregon. TOGETHER WITH that portion of vacated S.W. 67th Avenue as vacated by Recorder's Fee No 83-31800, which inures by law. PARS, V Lots 1, 2, 3 and 4, Block 33, according g to the duly filed plat of WEST PORTLAND HEIGHTS, TS, in the City of Tigard, filed March 22, 1950, in Plat Boric 1, Page 55, Records of the County of Washington and State of Oregon. TETHER WITH that portion of vacated S.W. Gonzaga Street as vacated by Recorder's Fee No. 93101917, recorded December 7, 1993, which inures by law. • DEC-15-1998 10:25 VENERABLE - BISSETT 503 224 2311 P.05/05 --... CCM WARRANTY DEED • ( `tinuad) AMES (Continued) Order No. : 158622w 3. Sasanamts fat existing publIc utilities in vacated street area and the conditions reserved by imposed 3 r,ara , Number thereby, : 81-78 Entered : Septsnbsr 14, 1981 • Certified Copy Recorded •: 8aptembar 18, 1981 as s's Fee Nb_ 810.31800 • (Affects S.W. 67th Avenue). 4. Private Amass Agreement, including the terms and provisions thereof, Dated : 1"MAY.8, 3.984 Rarortled : May 10, 1904 as Mocorder•a roc No. 8401942S By and batmen : Neighboring property owners (Affects a portion of vacated S.W. 67th Avenue) 5. Easements for existing pubLiC utilities in vacated stmt area and the conditions imposed thereby, reserved by ordinance, Number 83-53 Entered : November 14, 1983 Certified Copy Recorded :. July 31, 1984 as Recorder's Fee No. 84029927 (Affects S.W. 67th Avenue and S.W. Oonzaga Street) 6, private Access Agreement, including the tssms and provisions thereof, Caned : Maxrh 1, 3.984 Recorded : July 31, 1984 as Recorder's Fee No. 84023928 By and between : Neighboring property owners (Affects a portion of S.W. 57th Avenue) 7. Public Utilities Easenent Agreement, including the terns and provisions thereof, Dated : March 1, 1984 Recorded July 31, 1984 as Recorder's Fee No. 84029929 (Affects S.W. 67th Avenue) 8. Easerrts for existing public utilities in vacated street area and the conditions i p000d t}owoby, wo=orucha by 'ordinance, NUmber : 84-266 Entered : March 1, 1984 Certified Copy Recccded : Des 11, 1984 as Recorder's Fee No. 84047786 (Affect_; a portion of S.W. 67th Avenue) 9. its for existing public utilities in vacated street et area and the conditions inrDsed -thereby, reserved by ordinance, Number : 93-02 Entered : January 26, 1993 Certified Copy ReCOrded : December 7, 1993 as Recorder's Fee No. 93101917 (Affects S.W. Cc nzaga Street) • • SISUL ENGINEERI A Division of Sisul Enterprisl,Inc. LEAUTAI 03 `uiRAIKOINIULuj1 375 Portland Avenue GLADSTONE, OR 97027-2450 DATE JOB NO. (503) 657-0188 tZ/30'4% a1-ODs- FAX(503)657.5779 ATTENTION --`` PlANN1t� J TO c VTy OG 11900/ *,N RE. GoNZa9a _ustvtess PavIL J ce' 'OS� Gtky tale OD.: MtSct -oozu `�o fC �k VOQ���� Lok- L„ne A d j a4 4 VNev.A.- WE ARE SENDING YOU ag Attached ❑ Under separate cover via the following items: ❑ Shop drawings ® Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION [9 tz/3)148 IZe.Iisec LoA- L.i■ne AdjusA-wtew4- PIav+. I vul'1ca4es i� d►w+ev simAs w►4ln S Food dedlca4-oln otlavt� Stet toS+b► 44e THESE ARE TRANSMITTED as checked below: For approval ❑ Approved as submitted ❑ Resubmit copies for approval For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS IF you 1Actue atny ques4-iovts Please feel Free as. Gv4 Pella4-t - Si6u1 M.wcivteevivl 695'1-O!88. • COPY TO 0o."I1d 2tsse++ 4 Assccio►lVeS SIGNED: �r 441'% � c.ra.,� If enclosures are not as noted,kindly notify us at once. • • 5' DEDICATION PER SITE DESIGN REVIEW. I / N89'57'00"E 230.00' l I �•� N89'57'00'E 225.00' 5.00' 7 • TAX LOT -800 . o ORIGINAL SIZE = 1.30AC . M NEW SIZE = 0.67AC • PROPOSED BUILDING W ENVELOPE—\ - 00 W g ' g PROPOSED ACCESS Q z EASEMENT 30' o Z n CO N89.57'00"E 95.00' NEW PROPERTY LINE n (p ko.--- N89.57'00"E 100.00' .-./ N89'57'00"E 130.00' w Z 8 J o )-O I- M' - TAX LOT 1700 a ORIGINAL SIZE = 0.30AC 2 . NEW SIZE = 0.90AC CI- 8 W J W g Q Z c PROPOSED BUILDING oo o Z ENVELOPE o c 0 _\ z z N89'57'00"E 95.00' I 30' �- N89'57'00"E 100.00' —) EXISTING 30' g z ACCESS EASE. TL 1600 g 0 ct EXISTING 60' UTILITY EASE.`` 60' IA APPLICANT/OWNER: o 0. KURT DALBEY 7125 SW HAMPTON ST. N89"57'00-E 130.00' PORTLAND, OR 97223 (503)670-3000 TL 1000 LEGAL: 2S-1W—SECTION 1(AD) I I TAX LOTS 800, 1700 • N 1 12/30/98 ADDED DEDICATION PL DIM. CP SISUL ENGINEERING NO. DATE DESCRIPTION _ BY 376 PORTLAND AVENUE GLDSTONE, OREGON 97027 REVISION BOX (503) 857-0188 SCALE: 1"=50'