Loading...
MIS2007-00001 • • NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2007-00001 FANNO CREEK PLACE LOT LINE ADJUSTMENT TIGARD 120 DAYS = 6/7/07 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK PLACE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MIS2007-00001 PROPOSAL: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 24,286 will become 28,340 square feet. Parcel 2 of 238,389 will become 124,274 square feet. Parcel 3 of 2,725 will become 124,220 respectively. APPLICANT: OPUS Northwest,LLC OWNER OPUS Northwest,LLC Attn:Brian Bennett PARCELS 1,2 &3: Attn:Erin Engman 10350 Bren Road West 10350 Bren Road West Minnetonka,MN 55343 Minnetonka,MN 55343 AGENT: WRG Design,Inc. Attn:Erin Engman 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 LOCATIONS: PARCEL 1: 16045 SW Upper Boones FerryRd.;WCTM 2S113AB, Tax Lot 200 PARCEL 2: 16075 SW Upper Boones FerryRd.;WCIM 2S113AB, Tax Lot 300 PARCEL 3: No Address;WCIM 2S113AB,Tax Lot 500 ZONING DESIGNATIONS: I-P: Industrial Park District. The I-P zoning. istrict provides appropriate locations for combining light manufacturing, oice and small-scale commercial uses, e.g., restaurants, personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. APPLICABLE REVIE W CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT • CONDITIONS OF APPRO . \ PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES. IN THE PLANNING DIVISION AT 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 Planning Department. The survey map shall include all access and utility easements. 2. Prior to recording, the applicant must submit for review and approval a copy of the Codes, Covenants and Restrictions for Fanno Creek Place incorporating the revisions requested by the City. PRIOR TO THE RELEASE OF BUILDING PERMITS FOR FANNO CREEK PLACE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL CAINES IN THE PLANNING DIVISION AT 503-639-4171. 3. Following recording,the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. 4. Following recording, the applicant shall provide evidence to the City that the approved Codes, Covenants and Restrictions for Fanno Creek Place were recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located west of SW Upper Boones Ferry Road, just north of the intersection with Durham Road. The property is zoned I-P with properties to the north, south and west also zoned I-P. Properties to the east of-Upper Boones Ferry are zoned Light Industrial (I-L). The abutting properties are developed with office and commercial uses. This parcel is made up of three tax lots. Six existing tax lots were recently consolidated to create Parcels 2 and 3. Proposal Description: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 24,286 will become 28,340 square feet. Parcel 2 of 238,389 will become 124,274 square feet. Parcel 3 of 25,725 will become 124,220 respectively. The three parcels make up a recently approved, three building office development (SDR2006-10002). Submitted along with this Site Development application was a request to partition the site into three re-configured parcels, but the application was withdrawn. The SDR was approved as if the seven original parcels would be consolidated into one lot and partitioned at a later date. Because the applicant has chosen to reconfigure the parcels through a lot line adjustment, Staff has requested submittal items to ensure the site's continued functionality and conformance with City standards. These items include but not limited to provisions for shared parking, access, utility maintenance, and shared landscaping to meet minimum City standards. Most of these issues are addressed within the Codes, Covenants and Restrictions (CC8&Rs) provided by the applicant. NOTICE OF TYPE I DECISION PAGE 2 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT SECTION IV. Al LICABLE 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: Section 18.410.040 - Approval Criteria states that 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;three (3) lots exist and three (3) lots will remain after the proposed adjustment. The I-P zone has no minimum lot size. In any event, the lots will be 28,340, 124,274 and 124,220 square feet respectively after the adjustment. 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; There is no minimum lot size required in the I-P zone. There is no minimum side or rear setback required in the I-P zone unless the site abuts a residential zone. The surrounding properties are zoned I-IT like the subject site. A 35-foot front yard setback is required. Parcel 2 has no street frontage. Parcel 1 has an existing building with a 28-foot front yard setback,which is non-conforming. The front setback for Parcel 3 is 90 feet. A site plan is provided that shows the buildings in relation to the proposed property lines. In the original approval the landscaping requirement for the project was reduced from the required 25% to 20%. The applicant has provided evidence that each lot will still meet this 20% landscape requirement after the adjustment. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: ♦ The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; ♦ 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 Iot area calculation; ♦ 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 ♦ Setbacks shall be as required by the applicable zoning district. As stated above the proposed lots will meet the dimensional requirements of the I-P zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 2 has no street frontage, so a reciprocal access easement has been proposed between the three parcels. The easement is over the entirety of each lot and therefore exceeds the 15-foot width.requirement. Irregardless, the standard refers to the partitioning of parcels only and this request for a lot line adjustment. Setbacks for each parcel are met as previously discussed. Therefore, this criterion has been met. With regard to flag lots: ♦ When the partitioned lot is a flag lot, the developer may determine the location of the front yard, provided that no side and is less than 10 feet. Structures shall generally be located so as to maximize separation from existing structures. ♦ A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. NOTICE OF TYPE I DECISION PAGE 3 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT Parcel 2 will have access Upper Boone's Ferry Road through gleciprocal access easement across Parcels 1 and 3. The screening requirements do not apply to this application as no new access ways are proposed with this application. If-Parcel 2 is divided in the future,then current standards for flag lots will be reviewed at the time of application. 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. The applicant states the project will be in compliance with fire district requirements. An e-mail provided by the applicant shows that the number of fire hydrants (five) as being acceptable. Changes to the access points are not proposed with this application. 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. As stated above Parcel 2 has access to Upper Boone's Ferry Road through a reciprocal access easement with Parcels 1 and 3. No new access drives are proposed with this application. All three arcels will utilize existing access points that were approved during the Site Development Review parcels 10002). If shared access is proposed in the future, it will be reviewed to ensure current standards can be met. This standard has been satisfied. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access was reviewed and approved through the Site Development Review(SDR2006-10002). Any future proposed access must meet current standards at the time of application. This standard does not apply. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this standard does not apply. Variances to development standards: • An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT SECTION V. PR(EDURE AND APPEAL INFOIATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: 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 ON FEBRUARY 12, 2007, AND BECOMES EFFECTIVE ON FEBRUARY 13, 2007. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard,Tigard, Oregon at (503) 639-4171. ottok„ �(. �� iJ ) February 12,2007 APPROVE Y: Cheryl Caines DATE Assistant Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT CITY of TIGARD ,/ CBLELN �SF � GEOGRAPHIC INFORMATION S YS TEM ( .1 VICINITY MAP ill ° MIS2007-00001 PFAN LACE NO LCORE T LE IN • E Ar I I ' I I Ec 4QO ■ ADJUSTMENT , •w�� o o hai.,„_ JQQQ gli . . 1111 _ o Ilf Ce W 1•R$FER• i I\ . _ , _` 1JIj P OM 0 BEEF BEN ._.. Rti t Mr ure �O Tigard Area Map • to N 0P:' `P1-0 Q 0 100 200 300 400 500 Feet Q 1'=390 feet CO 111 IMO... /....".. . Z -' •p4 p TIGA1tD• Information on this map is for general location only and should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http://www.ci.ligard.or.us Community Development Plot date:Feb 12,2007;C:\magic\MAGIC03.APR 1--i__i . °u1.: �2�a,1 i 0 I) J�� _ . Ii . / i I p CAT, 092001 1 o i • i �NN�ka/F7/1/60iiitrn GAI//40 rainy n2r- nim/ is ea/ t_ll SITE INFORMATION 0301 iu II i I 0R.10011[x4 130.1 1,01130003 0...30 y 3a..a •.ulneu r.J 9 ECM*a oN1 1103 1. 0°crlw la 12$.$ r o \Y , C01i r1Y1N4 eW-a1a-W3 'n,.4,„.). % 331.1 Kr / „AO / �•• EXISTING LOTS 2j'°.' / •�0°ay� 11110 ru arm xn.r nn.° //�� arm 21.31,r 6.0AC• / ■ 'x'41; 1.mr3n 2•• 1.733. ` I /,/ PROPOSED LOTS su.e ♦sJ 00u ° rums MriaYr 4 ,y. /, rr'/ re•J9 ,1..1` a•1\ 4N FOUL2 1x30.r an.c �/ - /k/�{p.�� Rg' •l1 `Qk a °uo / PROPOOSED LOTS NFTER ROW DEDICATION Z U / /// .14/:-..... /j arOI., t`2r21va. 1.' r 1p�NO 1.i Y02uiTM0Or< S�0 \rt°¢°aa�r :Mrn' ii.1).V in.•CC Z \// n'adt \/ / ace 2.m an c a Jul N w "a g1<.,0. Y 3 Q orn.l are uawlnr 9i' Jr'. ,/ Q 11I / T�lu 5J :' 3b. C \\ lu c ur2a+Y w U j F% / ACCESS pees w T ACM yu. \ \irL. L.9��9' ,,A// 0. nlor®1°,u1. -- — \\ ♦ 4,441- ' , `�# b1.. a '4b, Tuna 10,01 r 30r w�nro w.a� J7i" oaauaw ro n1.1.r a 1.o,...cam u1. qf '":.A. cu of wu'a / / emao 231,ar u1. } r.walo 1.aa12.. Eby �a 302 art \\ m.K /09 ia�2"' s'••,, / //:/// • n ew �m xaanro an _/,‘e, / 2am K /-110. SITE INFORMATION \ min worm S.\ / 71. / \ / n.%nmn tia uscw,TO r \ •\ ......_____. All'ili. \ / FINAL APPROVAL NW � g CITY OF TIGAM:PLANNING DIVISION fO ... \ o n. \ / / o o w BY( QT..u?DATE -7- 9:-. SCALE: 1"=100' Z _rat z z 100 50 0 100 w iil C.- CI CO m • 2S113AB-00500 D k)P)2 ' ` OPUS NORTHWEST LLC 10350 BREN ROAD WEST O MINNETONKA, MN 55343 2S113AB-00300 OPUS NORTHWEST LLC 10350 BREN ROAD WEST MINNETONKA, MN 55343 2S 113AB-00200 OPUS NORTHWEST LLC 10350 BREN ROAD WEST MINNETONKA, MN 55343 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 fax.834.5498 1, DEVELOPMENT c.halcumb @verizon.net PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. March 19, 2007 RECEIVED MAR 2 1 2007 PCANM CANNING EN IGe F o VEERING • Washington County Land Use and Transportation Survey Division 155 North First Avenue, Suite 350, MS 15 Hillsboro, OR 97124 To Whom It May Concern: Please find the revised survey number 103314, following your comments and additional land use actions that have taken place. The property line adjustment has been approved by the City of Tigard under Case File Number MIS 2007-00001. If you need an additional review fee for the changes, please let me know. Sincerely: C I/1*f Cindy A. Halcumb, PLS Cc: City of Tigard, Cheryl Caines, 13125 SW Hall Blvd, Tigard, OR 97223 FOUND MONUMENT TABLE: LEGEND: 1 1 1 I REC 1 ORD OF SURVEY CD FD 5/8" IRON ROD (NO CAP) • DENOTES FOUND MONUMENT AS NOTED IN TABLE (AT Y I I FOR HELD LINE, N8930'44"E, 2.12', GROUND SURFACE UNLESS NOTED OTHERWISE) SET R4 PROPERTY LINE A DJUSTMEN T DENOTES SET 5/8" X 30" IRON ROD W/YPC FD 5/8" IRON ROD (NO CAP) "KC DEVELOPMENT" i I � LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, INSCRIBED KC DEVELOPMENT' 1 I I AND THE SOUTHEAST ONE-QUARTER OF SECTION 12, BELOW SURFACE 1.5', HELD NE TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CORNER LOT 35, ORIGIN UNKNOWN, 1.D. DENOTES "INSIDE DIAMETER" IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. ALSO HELD R5, R6, R10, FENCE \ 1 CORNER IS N42'09'E, 3.4' W/YPC DENOTES "WITH YELLOW PLASTIC CAP" i 1 I MARCH 18, 2007 �3 FD 5/8" IRON ROD W/YPC "LS CL DENOTES "CENTERLINE" 33 4-1 PREPARED FOR 475", N8721'S6"E, 3.44', NO 0 10 1"_ p p' OPUS NORTHWEST, L.L.C. RECORD DOC. NO. DENOTES "DOCUMENT NUMBER" 1500 SW FIRST AVENUE, SUITE 1100 ® FD 3" BRASS DISK IN MON BOX SN DENOTES "SURVEY NUMBER" I PORTLAND, OR 97201 "CITY OF TIGARD CONTROL POINT", ti I I (0 I %/////////I%/////////,MES IMIIV AIM= _A HELD FOR P.t., SET R9 FD DENOTES "FOUND" 0 50 100 150 200 ® FD 5/8" IRON ROD W/YPC "LS C.R. NO. DENOTES "COUNTY ROAD NUMBER" d I RECORD 3827'19"E, 0.26', NO I AG�(5 z I BASIS OF BEARINGS R DENOTES "RADIUS" '`R tE THE BASIS OF BEARINGS IS N48°41'42E ALONG • THE CENTERLINE OF SW UPPER BOONES ® FD 3" BRASS DISK IN MON BOX, L DENOTES "LENGTH" C,R . v FERRY ROAD PURSUANT TO RECORDED 4" UNDER A.C. "DEHASS & 1 I I ``!! P W I, SURVEY NUMBER 20596. ASSOC., INC", HELD, SET R9 D DENOTES "DELTA" I I GE`G�\ Z 0 FD 5/8" IRON ROD W/YPC "LS C DENOTES "CHORD" 3� �O n- NARRATIVE 1848", N48'46'47"W, 0.22', NO PNN `Z o THE PURPOSE FOR THIS SURVEY WAS TO DEFINE AND MONUMENT THOSE TRACTS N RECORD CB DENOTES "CHORD BEARING" p Z OF LAND DESCRIBED IN DEED TO JAMES E. WATHEY AND RICHARD D. AKERMAN, RECORDED IN DOCUMENT NUMBERS 91063372, 92031812, 92031816 AND ® FD 5/8" IRON ROD W/YPC "LS ( )R "RECORD" DATA PER REFERENCE AS NOTED ( I h 92031817, AND THAT TRACT OF LAND DESCRIBED IN DEED TO LARUSSO 1848" HELD, NO RECORD I I I CONCRETE COMPANY INC., RECORDED IN DOCUMENT NUMBER 2000032753, ( )D "DEED" DATA PER REFERENCE AS NOTED 1 I N89630'44"E 348.37' $ WASHINGTON COUNTY DEED RECORDS, TOGETHER WITH THE VACATED ROADWAY C9 FD 5/8" IRON ROD (NO CAP) 24 , vi INURING THERETO. HELD, ORIGIN UNKNOWN, ALSO C1 DENOTES FOUND MONUMENT REFERENCE NUMBER 0 2025 r Q__ (348.55)D5,R1,R4 -2U HELD R3 _ i DURING THE COURSE OF THE SURVEY HEREON, THE SUBJECT PROPERTY WAS I 25 30'1 317.98' (316.61')R6 (316.77')R12 N89 30'44"E 336.83' 0 . DENOTES 6-FOOT HIGH CHAIN LINK FENCE ,� r,,.� �...� CONVEYED TO OPUS NORTHWEST L.L.C. BY DOCUMENT NUMBERS 2006-128778 10 FD 5/8" IRON ROD W/YPC "LS o�4� + �� ro5) N 20.00 AND 2006-128779, ALSO SHOWN HEREON. A TAX LOT CONSOLIDATION „ NOTE: 1,, X53 0 '-c. THESE CONVEYANCES, LEAVING THREE PARCELS WITH THE EXISTING 1848" N44°1 7 22 E, 0.49', NO INTERIOR FENCE LINES EXIST, 7i/-'`y" i� 4432 L L' "� i \ CONFIGURATION, SHOWN AS "OLD PARCELS 1-3". THE FINAL PURPOSE FOR THIS RECORD BUT ARE NOT DEPICTED HEREON. I in 1; 240 WEST 5�3� �"' ' .. i j' I f! DOC. N0-NOR 200 6-12 N SURVEY WAS TO DEFINE AND MONUMENT THE PROPERTY LINE ADJUSTMENT Lc,11 MONUMENT DETECTED UNDER A.C. o v o. �, Opt1 p, c\j w BETWEEN THE THREE RESULTANT LOTS, AS SHOWN ON SHEET 2. (NOT RECOVERED) SET R8 n in iv p04' N 3Gj N W r- THE SUBJECT PROPERTY INCLUDES ALL OF LOTS 35, 36 AND 37, AND A 12 FD PUNCH MARK IN LEAD, HELD, / _ _ N89°30'44"E 344.94' (344.61')R12 . ''• — e"') 39 PORTION OF LOTS 38 AND 39, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD SET R10 '/" I �� 102.87'` 242.07' (03,R4) .k co N IN WASHINGTON COUNTY, TOGETHER WITH A PORTION OF VACATED ROADWAY PER cr ry �p j, r� " DOCUMENT NO. 99049066, WASHINGTON COUNTY DEED RECORDS. THE ORIGINAL 5/8" N to , N89'49'20"E o/' PLAT CORNERS WERE SEARCH FOR, BUT NOT FOUND. 13 FD 5/8 BENT IRON ROD, tis m I ^ ///\' °�c� N06 ° �i N89'34'55"E( 57.94')01 �O `,�°� N30°19'38"E, 0.31', SET R3 �� 0;ii �l /,!' DOC- 1g1 Z �n ao '�' THE SOUTHEASTERLY LINE OF THE SITE WAS HELD AS THE NORTHWESTERLY s' „ ,� # / -0)1c5)- 0 p3) cv 8 ' N89'45,40 E �� RIGHT OF WAY LINE OF S.W. UPPER BOONES FERRY ROAD (C.R. NO. A-138) s,,� �/ �� g2 57.94 ( o N ?4 FD 3" BRASS DISK IN MON BOX, v I" °��- �s 57.84)RS , i / 0 OH • ,� o Cd O PURSUANT TO THE MONUMENTATION FOUND AND SET BY SURVEY NUMBER 20,596 "DEHAAS & ASSOC., INC." HELD, /S, " 4j /\ Z o si`P� t�, (R9) AND DEPICTED HEREON. CC'' o' �' SET R9 S89°34'55"W.'h 1.7 ' o 139.78' I 241.67' (D3,R4) \ �c-_:�,'> _ h "> t t� s; i', "o THE SOUTHWESTERLY LINE OF THE SITE WAS HELD PARALLEL AND 20.00 FEET 95.88' � N89°34'55"E 4?3.24' ,1� a'�o�- � �-i 4 15 FD 5/8" IRON ROD W/YPC "W & / ' „ 3t F / DISTANT AND SOUTHERLY FROM THE SOUTHWESTERLY LINES OF LOTS 36 AND 37, H PACIFIC", HELD, (SET R14) Q (412.66')R1,R4 (412.4')R3 ��� ��--N48°41 38 E IN o el ,ra 1 SAID FANNO ACRE TRACTS, BEING ALSO THE SOUTHERLY BOUNDARY OF SAID i't' O. i/ , _.C. f_1� /�/ 'fir' N49°01'10"E c- .,or'' Ohl PLAT. THE WIDTH OF THE VACATED ROADWAY WAS NOT DISCLOSED IN ROAD 16 FD BRASS SCREW WITH WASHER I /O tp• V��S� a3/9 ��` \°3 2 ( , t O �- Jp h i0 VACATION DOCUMENT NUMBER 99049066, SAID RECORDS, OR THE 1872 COUNTY "W&H PACIFIC", HELD, (SET R14) Q? i -µ ,12 pr /0 N, r'• -� > /txri,, , ( ) NOR 5 \ \ Q sz. sz 44.01 )D1 _ .,..9-P.<, ROAD PETITION AND PLAT. SUBSEQUENT SURVEYS AND ASSESSOR RECORDS // , 05 204 N0' / 001 "-\-o NO �• HAVE NOTED IT AS EITHER 40.00 OR 60.00 FEET WIDE. BY GRAPHICAL 0 C .-D- FD 5/8" IRON ROD W/YPC "W & ��2p♦v Ni /� OpOC N �j 0�031a1� / �'� �`rii 000633� 0� 5 /°�� INTERPRETATION OF THE 1911 FANNO CREEK ACRE TRACTS PLAT, THE ROAD IS H PACIFIC", HELD, (SET R14) /<'s ■ / 3 g Cp4)��/ \ 91 p1) '� �`� Q p��, 60.00 FEET WIDE, WITH ONLY 20.00 FEET FALLING INSIDE OF THE PLAT S' i N, \l/ 3 r'>� ••ON '1, \ ib BOUNDARY. DURHAM AND PYLE WERE THE PLAT DECLARANTS IN 1911, AND JO-/ /9,P', QD` \r'° � „ 0 00 0 / ., 0� DURHAM WAS THE PETITIONER FOR THE ROAD IN 1872. THE ADJACENT 18 FD 5/8" IRON ROD W/YPC "W & A V \0/\� 1 kip Ro >_ ,�N0.0� ® '� H PACIFIC", HELD, (SET R 14) Q• � II 0�/ �,�',NO ��>\o J6 \ , / UNDERLYING OWNER, AND THE EXACT CHAIN OF TITLE FROM 1872 TO 1911 COULD I �� �� 5?\c'�• > NOT BE FOUND. THIS SURVEY CONCLUDES THAT NORTHERLY 20.00 FEET OF THE 19 FD BRASS SCREW WITH WASHER '0051 �.\ 00/��\ �o�� / VACATED ROADWAY INURES THERETO, AND THE REMAINDER, WHETHER 20.00 OR "W&H PACIFIC", HELD, (SET R14) / �� \\r> '�-2 O�j, �d \�R sz\R �g �� `�o, 40.00 FEET, REVERTS TO THE SOUTHERLY ADJOINDER. ,$). // (9 / �\�• >�;j 0�O-iS.�. ,�c, 00 \`S >\\' \Op /"O, �0 THE MOST WESTERLY LINE OF THE SITE WAS HELD 25.00 FEET DISTANT AND ) FD 5/8" BENT IRON ROD (NO �,. / •�\ s�J'p> o�,_ ,�'5 \(:),,,,., ,�1\ '° 9 , EASTERLY FROM THE CENTERLINE OF THE EXISTING RAILROAD TRACKS PER SAID CAP), HELD, (SET R14) ND` ZO* Q TL•. \\ . �, ,\ dy ��1 0r)1 4/37 \4 ���� '\9 0 \ FANNO CREEK ACRE TRACTS, THE DEED TO THE OREGON ELECTRIC RAILWAY ' / '9 s \ 0 h �� COMPANY RECORDED ON FEBRUARY 19, 1907, AND THAT VACATED ROADWAY IN 21 FD 5/8" IRON ROD W/YPC "LS ,�p��' �'� / / "9 �'x \\ 00 o� 37 \Q 0'\ ,04 xCI �h •{ DOCUMENT NUMBER 99049066, SAID RECORDS. THIS LOCATION ALSO COINCIDES 1848" S68°54'30"E, 1.23', NO / / /�' Q`�S •` �0 �ti �� \a�- �°� 00 `����0�� �� 51\7,1 WITH THOSE MONUMENTS SET ALONG THE RAILROAD RIGHT OF WAY BY SURVEY RECORD �O�' P a s ` \ N�0 P� �� 'Qy1 Z NUMBER 26,866 R14 ALONG SW DURHAM ROAD. SEVERAL DIFFERENT RADIUS' / T ''�'•`\t�' � ' 1 ��� �� '�� Z�0 HAVE BEEN EMPLOYED DURING R G? 0 R .�` .F, RETRACEMENT SURVEYS ALONG THE RAILROAD `� FD 5/8" IRON ROD W/YPC ♦♦ /g g -0 `4 `'. \��> S. pC 12 -'6,, �1 �q� Of 4C �� P © °y RIGHT OF WAY. THE CENTERLINE HEREON WAS HELD AS A 4-DEGREE CURVE "DEHASS AND ASSOC., INC'', �6' /0 0)(1/�, �-� Q. y� y \ \\6,, -/,p�920 O h 0 \�,�� d (1432.7-FOOT RADIUS) PURSUANT TO SAID 1907 DEED. N57 35'57"W, 2.44', SET R11 h / Dg /S �° �' r Q \�O ` r` (0,, `.J,0 0 Py N Z k, / ♦ / % oG`�>> 0��,°"9 C�` `�> 93°38'45" `b� �D` �i� �• C THE NORTHERN PORTION OF THE WESTERLY LINE WAS HELD AS THE WEST LINE ,�") ' ♦ ♦1� G �-y`S-.`�'' N j "stn `�tS• �\PJ (R1-HELD) JQQ lG OF LOT 35, SAID FANNO CREEK ACRE TRACTS, BEING A LINE PARALLEL WITH Q FD 1 1/2" ALUMINUM CAP MARLS Og /h ' �,Q� 'pZ`I"PM" • - �� 0 N AND 30.00 FEET EASTERLY FROM THE RAILROAD RIGHT OF WAY. A ROAD LS OR 860", SET R13 �h/ / 4\1`,0(`) `�9 ''0\`. 0'\\ VACATION FOR THIS 30.00 FOOT STRIP IS CURRENTLY UNDERWAY. THE I IRON PIPE DETECTED UNDER �1 i �/0� ��`�� - co \��,0 \`\ / X00 / NORTHWEST CORNER OF THE SITE WAS SET AT THE INTERSECTION OF THE SIDEWALK (NOT RECOVERED) / ♦,, Co"� G'i��,p� �� \ ` , RAILROAD RIGHT OF WAY WITH THE WESTERLY EXTENSION OF THE NORTH LINE OF N81'43'W, 1.2' / h-r1'' S49'19 55 Vii` 10 SURVEY REFERENCES: SAID LOT 35 TO ACCOMMODATE THIS VACATION. / G� 20.06' — \ R1 FANNO CREEK ACRE TRACTS � 11 THE MOST NORTHERLY LINE WAS HELD AS THE MONUMENTED NORTH LINE OF h / / / ''��� / / SAID LOT 35. THE MOST NORTHERLY EAST LINE WAS HELD AS THE 2jQ3,, / D(Ch000 , , 12 R2 COUNTY ROAD PLAT NO. A-138 MONUMENTED EAST LINE OF SAID LOT. d'O "o. / hg 0 R3 SURVEY NUMBER 4143 THE NORTHEASTERLY LINES WERE ESTABLISHED BY HOLDING THE DEED (D1) ``SS' �h 4�0 O� DICTATES AS MEASURED FROM THE LOT 38 AND 39 LINES OF SAID PLAT. L=21.21' /�0 16 > ,�g0'��1�/ moo,5 R4 SURVEY NUMBER 14,102 R=1407.70' O 3 fig. / �g1 D=051'48" �h s26 �„�o 5�' / R5 SURVEY NUMBERS 16,293 PREPARED BY: C=21.21' 6+ , Sffi� S SS ,\g��F' / , N� CB=S49 25'27" - S2 O O sd,,'9.3'�, Dg 'D' / bh R6 SURVEY NUMBER 17,674 ispo (SS'S\` �0�� 30� �� /"-' -;•<(, R7 SURVEY NUMBER 18,823 011'"` �� 8J F q �s os, / Ab REGISTERED 9s 3,„ ?,Q\90 �Q� / DEED REFERENCES: R8 SURVEY NUMBER 19,127 PROFESSIONAL F� >> G' '�'� g D 1 DEED TO WATHEY AND AKERMAN, ... CURVE DATA TABLE �'S'�-,)/� \ -1`. / r/�`�0�. ,D DOC. NO. 91063372 R9 SURVEY NUMBERS 20,596 ,AND S R VE YO R NO. LENGTH RADIUS DELTA BEARING CHORD �'3? 15 / /�O D2 DEED TO WATHEY AND AKERMAN, �� DEVELOPMENT ------ - ----- / DOC. NO. 92031812 R10 SURVEY NUMBER 21,286 N A CERTIFIED WBE- C1 186.08' 1457.70' 7°18'50" N22°44'39"E 185.95' �� l � A PP NO t-' - • , k D3 DEED TO WATHEY AND AKERMAN, V •'EGON C2 127.15' 1487.70' 4°53'49" N16°13 48 E 127.12' ,�,� ` • h 2407 NE 292nd Avenue C3 133.19' 1487.70' 5°07'46" N11°13'00"E 133.14' •1'0. , DOC. NO. 92031816 R11 SURVEY NUMBER 23,604 JULY 11, 2000 WASHINGTON COUNTY Camas, WA 98607 „ „ D4 DEED TO WATHEY AND AKERMAN, CI by A. HALC U M B C4 133.30 1457.70 5°14'23" N1? 27 42 E 133.26 CE) DOG. NO. 9203 1817 R12 SURVEY NUMBER 23,809 58928 LS SURVEYOR'S OFFICE 360.834.2519 C5 127.36' 1457.70' 5°00'21" N16°35'03"E 127.32' / D5 DEED TO LARUSSO CONCRETE CO., ACCEPTED FOR FILING: Fax.834.5498 C6 260.34' 1487.70' 10°01'35" N13'39'55"E 260.01' DOC. NO. 2000032753 R13 SURVEY NUMBER 26,866 EXPIRATION 06/30/07 SHEET 1 OF 2 I FENCE FENCE RECORD OP SURVEY I 2.6' 2.8' NORTH N89•30'44"E 348.37' NORTH FOR 20' 20' 1 • • • • • • • • • • • • ° ° °1 0 0 2 PROPERTY LINE ADJUSTMENT i 2 5 25' O t f LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 13, 30' I AND THE SOUTHEAST ONE-QUARTER OF SECTION 12, I 15'X15' SEWER TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, EASEMENT BOOK I IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON. I 1216, PAGE 696 " AR 18, 2007 MARCH 8, 2 I 1< PREPARED FOR I I , N NOTE: STAIRWAY TO REAR OPUS NORTHWEST, L.L.C.OF I 30.00 VACATED ACCESS OF ADJACENT BUILDING ' w ROAD DOG. NO. 1500 SW FIRST AVENUE, SUITE 1100 p l 2006-039844 FALLS 3.2 FEET WEST PORTLAND, OR 97201 (SEE USAGE AGREEMENT IN DOC. I l NO. 2006-128780) N W (11 N I/ i4 N / / ,_ '00 1"=50' / / \0 ivJy,iii1 iiiiiiii� / / / PARCEL 2 \ LANDSCAPE EASEMENT 0 25 50 75 100 l / / 124,274 SF \/-- DOC. NO. 2006-128780 / I l / 2.853 ACRES BASIS OF BEARINGS N72°55'45'W / THE BASIS OF BEARINGS IS N48°41'42E ALONG / 10.32' I \\ THE CENTERLINE OF SW UPPER BOONES / / , FERRY ROAD PURSUANT TO RECORDED N / co / O N89'34'55"E SURVEY NUMBER 20596. �� O // / / 57.94' ■ 4 // . / ∎ / S7.25 , � „ �' / / � / 1396 sF `��- s 4 V- (r) � / ^ / 8 CJ V a „ / f'�`�c�, 4 Al/ •� _ / / / s16°16'o3"W�/ ss So / Q. / '-+•/ ! ,'^,, / 24.00' N4723'22"E tS4 Ai / / ^"'15.00' SANITARY 0 R/ S72' 1 4.17' '0'� / / l SEWER EASEMENT .$ EASEMENTCDOC.SNO. 43.34sF`\ I 404. / / / DOC. N0. 1 \ (*1) I 4V / / i \ s \ o `•'� / VA CA TED ROAD •N ' 4 I N j ,,h, N�2-,515., S64°23'17"W PARCEL 1 \ -.- X• DOC. NO. LINES TO BE cS. 99049066 Q v I / 24 S4`' * O 109 9S'� 9.62 00 \ 28,340 SF \\• / / , 1 4• REMOVED �.. 30' TIGARD C7 CI I I / ■O ^ 2255 5„ 571°25'q.0 W 4�'9A 0.651 ACRES 7j UTILITY l 4J.10' 2 \ \ o\ EASEMENT 20' / / / l vu'\ \ \ �) v3 / 20 f / / �� / ��\ 6' `� 0' I 2,5- / l., / r'"\ v�\sv, �t�. N43°31'02"W � `� oo `� ( ?) / .© / \ \ '�_ 4 \ 13.82 .N� �� / 2sf l _ / �� \��., 0s',� N43 28'12"W ,�cb� ��`��h. Jo- 1/ l I / \ 24.76' \ �����0 © S46°32'39"W \\j��� �q 5 CD / \ / 4.50 \ \ °00 (ti / / \ I \'4 \ s' N`L / �'Q \ ✓ \��\ N46 32'39"E �9 \/ PRl VA TE WATER \��,, \R�° 12.17' �0 cd 20' EASEMENT DOC. NO. \ j �o \ > PARCEL 3 \���.`���=� ,i o / \ \ �� -'�� \ I- \ 124,220 SF `��\� \ // +N // \ \ S48 O 1 31 W \d': /� �' / \ \ \� VACATED ROAD 2.852 ACRES 3.46' �� p N� CI \ \/ \ 99049066 pG ,y \ \ 40' TIGARD 0 , p �, / �C \ UTILITY �°6 ��0� 19 \°cU� /// /��\\ EASEMENT N'S 0\GP o4>• 9 NZG / / / / \ \ LINES TO BE AA 4 0`� h / PO CA / / / \ \ REMOVED Nti y�P y NO/ / \ ti \ N N pF +� ¢ 4 01/ '■41 /�// o \\ * \\\ \o P � 0 �y�► • P / //�b / r�'�4,\\\ �\ °c� , P�° P�'` �� •�0 O '� \ \ \ 32.00' WIDE 9,°� 0 / //�/\ / 4, lop \\\ � \ ACCESS ��0 / JQQ `G• / / 15.00' WIDE \\ To \\ EASEMENT V / / STORM "9\ 'n∎ \\\ \\\ DOC. NO. / / DRAINAGE 2006-128782 \ / / EASEMENT t.��F,�,,O �\ \\ / / / / DOC. NO. ( \ \ \\ \ 2006-128781 '�� \ / PREPARED BY: ` �`' -✓ / \,\ 17.00'\\ / / \ \\ S49°19'55"W \ \ r""�`'' -1/ \ 21.58'\\\15.0• r1p \ \ \`L4 REGISTERED CURVE DATA TABLE \\\ '- / PROFESSIONAL �"""'� NO. LENGTH RADIUS DELTA BEARING CHORD \\\ ,`'�, 1� LEGEND: AND SU' EYOR DEVELOPMENT — - 1 l • , „ , N N Cl 186.08' 1457.70 7'18'50" N22°44 39 E 185.95' \ • DENOTES FOUND MONUMENT AS NOTED IN TABLE ON A CERTIFIED WBE C2 127.15' 1487.70' 4°53'49" N16°13'48"E 127.12' SHEET 1 (AT GROUND SURFACE UNLESS NOTED %/ - 2407 NE 292nd Avenue C3 133.19' 1487.70' 5°07'46" N 11°13'00"E 133.14' '�� OTHERWISE) -G R E G O Camas, WA 98607 „ .43, JULY 11, 2000 360.834.2519 C4 133.30 1457.70 5°14'23" N 11°27 42 E 133.26 s" �0 0 DENOTES SET 5/8" X 30" IRON ROD W/YPC Cf DY A. HALC U M B Fax.834.5498 C5 ?27.36' 1457.70' 5°00'21" N16°35'03"E 127.32' ��j �� / INSCRIBED "KC DEVELOPMENT" 58928 LS C6 260.34' 1487.70' 10°01'35" N13°39'55"E 260.01' / EXPIRATION 06/30/07 SHEET 2 OF 2 This instrument was prepared by and after recording return to: Ball Janik LLP Attn: Barbara W. Radler 101 SW Main Street, Suite 1100 Portland, OR 97204 DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS, CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE THIS DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS CONDITIONS AND RESTRICTIONS FOR FANNO CREEK PLACE ("Declaration") is made as of , 2007,by Opus Northwest, L.L.C., a Delaware limited liability company("Declarant"). RECITALS A. Declarant is the owner of those certain parcels of land depicted as Parcel 1 through 3 on the site plan attached to this Declaration and made a part of this Declaration as Exhibit A, and situated on the land legally described on Exhibit B attached hereto and made a part of this Declaration, and is the owner of the buildings and improvements on the Land (the "Improvements"). B. Each of Parcels 1 through 3, together with the Improvements thereon, if any, is sometimes hereinafter referred to individually as a"Parcel" and collectively as the"Parcels"or the"Project". The Project is commonly knows as Fanno Creek Place. C. Declarant desires to impose certain easements, covenants,conditions and restrictions upon the Parcels for the purpose of facilitating the economic and related development of the Project. NOW, THEREFORE, in connection with the development of the Project, Declarant does hereby declare that each of the following grants, easements, covenants, conditions and restrictions shall exist at all times hereafter and be binding upon, and inure to the benefit of, each Parcel in the Project. 1 ::ODMA\PCDOCS\PORTLAND\553754\3¢ f' 1 1. EASEMENT DECLARATIONS AND GRANTS. (a) Parking and Access. (i) Generally. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a nonexclusive easement appurtenant to each Parcel upon, over and across the access, interior and perimeter driveways and parking areas, including any parking decks, sidewalks, walkways, trailways and driveways of the Project, for the purpose of.providing the owner from time to time of each Parcel and its tenants and occupants and their respective employees, customers,agents, contractors and invitees having business in the Project and all maintenance vehicles owned by the City of Tigard with(x) vehicular(including repair and maintenance vehicles, but excluding construction vehicles, except as hereinafter provided), pedestrian, and bike ingress and egress to, from and between each Parcel, (y) use of the parking facilities, if any, located within each of the Parcels, and (z) use of the driveways of the Project for access to SW Upper Boones Ferry Road; - - - - . . - - - •- - • - -- •-- - - - . : - . - - - - : : - - •: - : - • -- . . . -- . . -. The owner of each Parcel shall not park, nor permit the tenants, occupants, employees, customers, agents, contractors or invitees of its Parcel to park, at anytime in more than the number of parking spaces allocated to the owner's Parcel. Each Parcel's allocated number of parking spaces shall be a fraction of the total number of parking spaces in the Project, the numerator of which is the number of rentable square feet of space in the building on the Parcel and the denominator of which is the total number of rentable square feet of space in all buildings of the Project. (ii) Exclusions. Service areas, including loading and unloading facilities, and drive through lanes, if any (collectively, "Service Areas"), shall not be subject to the easement grant set forth in Section 1(a)(i) of this Declaration. (b) Storm Water Drainage. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each Parcel and the City of Tigard, a non-exclusive easement appurtenant to each Parcel (i) over, across and upon the surface of the Common Areas (as herein-defined in Section 3 of this Declaration) and any existing drainage ditches, culverts and swales which presently run through the Common Areas for the sole and exclusive purpose of permitting the natural flow and drainage of storm water accumulating and originating on each Parcel to the storm drainage lines depicted on the utility plan attached hereto and made a part hereof as Exhibit C, subject to the conditions set forth in clauses (x), (y) and (z)below, as and to the extent applicable, and subject to the effect of any 2 ::ODMA\PCDOCS\PORTLAND\553754\3¢ t T improvements presently located or hereinafter constructed on the Common Areas, and (ii) over, across, upon and under the portion of the Common Areas located above the subsurface storm sewer and drainage lines and surface drainage ways depicted on Exhibit C (collectively, the "Storm Sewer System") for the sole and exclusive purpose of running and transferring water accumulating and originating on each Parcel to the Storm Sewer System, together with the right of access to the portion of the Common Areas located above the Storm Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining, repairing, replacing, removing, enlarging and renewing the non-public portion of the Storm Sewer System, if any, subject to the conditions that: (x) The owner of each Parcel shall not permit the flow of toxic or hazardous substances or any other substance from such Parcel into the Storm Sewer System which is not permitted to be discharged into the public storm sewer serving the Project by any applicable law, statute or regulation or otherwise; (y) The owner of each Parcel shall not permit any other party or property to discharge water onto the Project and no right to transfer or run water is granted hereunder other than to the owner(s) of each such Parcel for water accumulating and originating on such Parcel; and (z) No such running or transferring of water shall result in water being discharged at a rate or in a volume in excess of that permitted by the design standards for the Storm Sewer System. (c) Sanitary Sewer. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel, over, across, upon and under the portion of the Common Areas located above the sanitary sewer lines and related appurtenances depicted on Exhibit C (collectively, the"Sanitary Sewer System") for the sole and exclusive purpose of permitting the flow of wastewater, sewage and related materials through the Sanitary Sewer System, together with the right of access to the portion of the Common Areas located above the Sanitary Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining, repairing, replacing, and renewing the non-public portion of the Sanitary Sewer System, if any. (d) Water. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel, over, across, upon and under the portion of the Common Areas located above the water lines and related appurtenances depicted on Exhibit C (collectively, the "Water System") for the sole and exclusive purpose of permitting the flow of water through the Water System, together with the right of access to the portion of the Common Areas located above the Water System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining, repairing, replacing, and renewing the non- public portion of the Water System, if any. 3 ::ODMA\PCDOCS\PORTLAND\553754\36 .k (e) Gas, Electric, Telephone, Cable Television and Communication. Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel under, along and across those portions of the Common Areas as may be temporarily and reasonably necessary for the purposes of installing, maintaining, repairing, replacing, and renewing utility lines or systems serving each Parcel (collectively, "Utility Lines"), for gas, electrical, telephone, cable television and communication service (and any other utility facilities that may be reasonably necessary for the orderly development and operation of the improvements from time to time located within the Parcels) to each such Parcel and not otherwise previously created by any applicable plat of subdivision, subject to the conditions that: (i) All Utility Lines shall be underground except: (a) ground mounted electrical and telephone transformers and junction boxes and temporary emergency generators; (b) as may be necessary during periods of construction, repair or temporary service; (c) as may be required by governmental authorities having jurisdiction over the Project; (d) as may be required by the provider of such service; (e) fire hydrants or for manhole and manhole covers; and (f) generators if first approved by Declarant; (ii) At least fifteen (15) days prior to exercising the easement rights granted herein, the owner of the Parcel benefited by the easement rights granted by this Section 1(e) ("Grantee") shall provide the owner of the Parcel whose Common Areas is to be burdened by the easement rights granted by this Section 1(e) ("Grantor") with a written statement describing the need for such easement and identifying the proposed location and width of any such proposed Utility Line. The location and width of any such proposed Utility Line shall be subject to the prior approval of the Grantor, which approval shall not be unreasonably withheld or delayed. The easement area shall be no wider than reasonably necessary to satisfy the requirements of a private or public utility. Within thirty(30) days after the determination of the location of any such easement area, the Grantee shall, at its sole cost and expense, record a written declaration referring to this Section 1(e) and setting forth the legal description of such easement area. Further, the Grantee shall, at its sole cost and expense, promptly following installation of any such Utility Line, provide the Grantor with a copy of an as-built survey showing the location of such Utility Line; and (iii) The Grantor shall have the right at any time to relocate the easements granted herein by the Grantor(except the relocation of the public sanitary sewer requires the prior consent of the City of Tigard), provided that (a) the easements so relocated will be of substantially equivalent usefulness for the purposes stated herein, (b) all costs to effect such 4 ::ODMA\PCDOCS\PORTLAND\553754\ • I relocation shall be paid by the Grantor, (c) the Grantor shall interfere with the business being operated on the Grantee's Parcel as little as reasonably possible in the exercise of the Grantor's rights herein, and (d) the Grantor shall provide prior written notice of any such relocation to the owner(s) of the Parcel(s)benefited by the easement(s)being relocated. (f) Common Areas. Declarant hereby reserves to itself and declares and grants for the benefit of the Project and the owners of the Parcels, a non-exclusive easement over, across, upon and under those portions of the Common Areas as may be necessary for the purpose of permitting Declarant to perform its obligations in accordance with the provisions of Section 5(c) of this Declaration. (g) Construction. Declarant hereby reserves for itself and declares and grants for the benefit of the Project, a non-exclusive easement over, across, upon and under those portions of the Common Areas and the Parcels as may be necessary for the purpose of constructing, installing, maintaining, repairing, replacing and renewing the buildings and improvements thereon including, without limitation, the entrance areas of the Project, the Common Areas improvements, retaining walls, lines, irrigation systems and other utilities and systems which are or may be located in the Project to service any part of the Project, including any of the Parcels, and the like. (h) Monument Sign. Declarant hereby reserves to itself and declares and grants for the benefit of the Project, a non-exclusive easement over, across, upon and under Parcels 2 and 3 for purposes of constructing, installing, maintaining, repairing, replacing and renewing the proposed Project monument sign. (i) Miscellaneous. The owner of each Parcel, in the exercise and use of the rights and privileges herein granted, will not create a nuisance or do any act which would materially and adversely affect the Project or part thereof Any work to be performed in connection with the easement rights granted herein (other than any work to be performed by Declarant in connection with the easement rights granted in Sections 1(f), 1(g), and 1(h) above during the initial construction of the Project) shall be subject to the provisions of Section 4(b)(i) hereof, and the owner(s) of the Parcel(s)benefited thereby shall, at their sole cost and expense, comply with the same; if more than one Parcel is benefited by such easement rights, the cost of compliance shall be equitably shared between such Parcels based upon the nature and extent of the easement rights benefiting each such Parcel. The easements granted in Sections 1(b), (c), (d), and (e) herein are located in and restricted to the area below the surface of the ground, and this Declaration grants no right to use, occupy or alter any area of the ground surface above said easement areas except as reasonably and temporarily necessary to afford access to said easement areas. Declarant hereby reserves non-exclusive easements under, over, through and across the sidewalks, interior and perimeter driveways, parking areas, ramps, landscaping, walkways, trailways, aisles, or retaining walls on any of the Parcels and all other areas of any of the Parcels, except that area underlying any building located (or to be located) on any of the Parcels, for the purposes of installing, maintaining, repairing, replacing, renewing and using such water system 5 ::ODMA\PCDOCS\PORTLAND\553754\36 • • lines, telephone and electrical conduits or systems, gas lines, drainage lines and other utilities which are or may be located in the Project to service any part of the Project, including any of the Parcels, and reserves the right to change from time to time the dimensions and location of the Common Areas located on any Parcel then owned by Declarant, as more particularly set forth in Paragraph 16 hereof. If Declarant desires to make a material change to the Common Areas that would materially and adversely affect the use of the Common Areas by the owner of Parcel 1 or its tenants, then Declarant and the owner of Parcel 1 shall comply with and be subject to the provisions of Section 4.5 of the Multitenant Office Lease Agreement, dated as of August 9, 2006,between the Oregon State Bar, a public corporation of the State of Oregon, as tenant, and Declarant, as landlord, as amended by that certain Amendment to Lease Agreement, dated as of December 29, 2006 (the "OSB Lease"), the provisions of which survive the expiration or earlier termination of the OSB Lease. Each Parcel owner shall maintain any private utility lines located on its respective Parcel (and, if required by the public utility, any public utility located on its respective Parcel). If any such utility line is used exclusively by another Parcel owner, then said other Parcel owner shall be solely responsible for the maintenance of said utility lines and the costs of such maintenance; if more than one Parcel is benefited by any such utility line, then the maintenance of said utility lines, and the costs of such maintenance, shall be equitably shared between such Parcels based upon the nature and extent of the benefit of such utility line to each such Parcel. Declarant covenants that in the exercise of the easements hereby reserved, Declarant shall not disturb any Parcel owner's use of its Parcel except as reasonably and temporarily necessary, and Declarant shall interfere with the business being operated on any such Parcel as little as reasonably possible in the exercise of Declarant's rights herein. Without limiting the generality of the foregoing, in the event the exercise of the easements hereby reserved detrimentally affects the condition of any portion of the Project,Declarant covenants and agrees to restore the Project, or part thereof, to the condition existing prior to the exercise of the easements hereby reserved including, without limitation, any filling and compacting of all excavations, repaving of paved areas, and replacement of landscaping. In addition, prior to the exercise of the easements hereby reserved, Declarant shall provide reasonable advance notice to any Parcel owner whose Parcel would be affected thereby, and Declarant shall schedule performance of any work to be performed with the owner of the Parcel affected thereby such that performance of such work will not unreasonably interfere with the business being operated upon such Parcel. 2. DURATION. The easements, covenants, conditions and restrictions herein contained shall be perpetual, shall create mutual benefits and covenants running with the land and shall be binding upon any owner, tenant, or occupant of the Project and their respective heirs, personal representatives, successors and assigns. 3. COMMON AREAS. The sidewalks, driveways, roadways, parking areas, signs, recreation areas, landscaping, retaining walls, the area between the curb on SW Boones Ferry Road and the Parcels, walkways, fountains and associated water features,detention areas, trailways, aisles, and other facilities of the Project designed for use by all tefiafitsowners and occupants of the Project, and their employees, agents, customers, tenants and invitees as the same may exist from time to time, are herein together referred to as the "Common Areas". The Common Areas shall not include any buildings (including any appurtenant canopies, supports 6 ::ODMATCDOCS\PORTLAND\553754\36 • and other outward extensions) or hardscape areas associated with any buildings constructed on any Parcel or Service Areas. For purposes of this Declaration, hardscape areas shall mean the area between the perimeter building walls and the curbline on any Parcel. The Common Areas shall not be used for any purpose other than pedestrian movement and the parking and passage of motor vehicles and bicycles, landscaping, signage, in each case subject to reasonable, non- discriminatory rules and regulations as may be established by Declarant and approved by the owner of Parcel 1, which approval shall not be unreasonably withheld, from time to time, including, without limitation,rules and regulations governing traffic flow, traffic management, parking and the like, to facilitate access and parking with respect to each Parcel. Without limiting the generality of the foregoing, Declarant reserves the right to erect, install and implement, as the case may be, traffic signs and signals, traffic control devices (including, without limitation, speed bumps and/or tire stops), access and security control measures and the like to facilitate the orderly administration and use of the Common Areas by those parties entitled to use the same. Declarant reserves the right to remove any unauthorized signage from the Common Areas. Declarant shall not impose any charge on parking at the Project. 4. CONDITIONS AND RESTRICTIONS. (a) Parcels. Except as permitted by the prior written approval of Declarant, no building, structure or other improvement shall be constructed or maintained on any Parcels unless such building, structure or other improvement shall conform to the following covenants and requirements: (i) No rooftop sign nor any sign extending above the walls or parapet of any building or structure shall be erected or maintained with respect to any such building or structure and no sign, whether a rooftop sign or otherwise, shall include any flashing, pulsating or rotating light(s). (ii) No freestanding pylon or monument type identification sign (other than any such sign erected by or on behalf of Declarant pursuant to Section 1(h) hereof) may be erected on any of the Parcels without Declarant's prior written approval. Notwithstanding the foregoing, there may be erected entrance-exit signs to facilitate the free flow of traffic, the type and location of such signs to be approved by Declarant, which approval shall not be unreasonably withheld or delayed. All signs for the Parcels at the Project shall be subject to and in compliance with all applicable laws and regulations. Declarant reserves the right to remove any unauthorized signage. (iii) No improvements shall be constructed, erected, expanded or altered on any of the Parcels until the plans for the same(including site layout, signage, civil engineering drawings (including finished floor elevations), exterior appearance, parking, if any, and landscaping) have been approved by Declarant, which approval shall not be unreasonably withheld so long as the plans therefor are otherwise substantially in accordance with Declarant's project development plans submitted to and approved by the City of Tigard, Oregon ("City") as part of the planned development of the Project. All construction work shall, upon approval of 7 ::ODMA\PCDOCS\PORTLAND\553754\36 plans by Declarant,be prosecuted with all due diligence, and subject to the conditions and limitations herein contained. (b) Construction; Landscaping; and Building Maintenance. Use and enjoyment by the owner of any Parcel of the easement rights and declarations herein granted shall be subject to the following terms, covenants and restrictions. (i) The owner of each Parcel (each, a"Constructing Owner"), shall pay all reasonable costs and expenses incurred by any other Parcel owner due to damage to the Project arising from or related to such Constructing Owner's construction operations at such Constructing Owner's Parcel. No Constructing Owner shall materially obstruct the free flow of pedestrian or vehicular traffic upon and across the Project during any period of construction at such Parcel or at any time thereafter. During such period of construction, such Constructing Owner shall cause the interior driveways of the Project to be maintained free of all materials and supplies arising out of or resulting from such Constructing Owner's construction and otherwise in a neat and orderly condition undisturbed from such Constructing Owner's construction operations. Any vehicle or equipment used in such construction or any materials used in such construction shall be parked or stored only in an area approved in writing by Declarant. Each Constructing Owner agrees to defend, indemnify and hold harmless each other Parcel owner from and against any and all loss, cost, damage, liability, claim or expense (including, without limitation, reasonable attorneys' fees and costs) arising from or relating to such Constructing Owner's construction operations. All construction operations at such Constructing Owner's Parcel shall be performed in a lien-free and good and workmanlike manner, in accordance with all laws, rules, regulations and requirements, including, without limitation, such reasonable, non- discriminatory rules and regulations for the Parcels as may be promulgated by Declarant. No Constructing Owner shall permit or suffer any mechanic's liens claims to be filed or otherwise asserted against the Project in connection with such Constructing Owner's construction operations, and shall promptly discharge the same in case of the filing of any claims for liens or proceedings for the enforcement thereof, or in the event such Constructing Owner in good faith desires to contest the validity or amount of any mechanic's lien, such Constructing Owner shall have the right to contest the validity or amount of any such mechanic's lien, provided that (i) such Constructing Owner deposits with the owner of the Parcel affected by such mechanic's lien cash or a letter of credit or other security reasonably acceptable to such affected Parcel owner in an amount equal to one hundred fifty percent (150%) of the amount of said lien to insure payment and prevent any sale or forfeiture of any part of the affected Parcel by reason of nonpayment; (ii) neither the affected Parcel nor any part thereof or interest therein would be in any substantial danger of being sold, forfeited, or lost, (iii) such affected Parcel owner would not be in any substantial`danger of any civil or criminal liability for failure to comply therewith; and (iv) such Constructing Owner promptly notifies such affected Parcel owner, in writing, of such contest. Any such contest shall be prosecuted with due diligence and such Constructing Owner shall promptly after the final determination thereof pay the amount of any such lien, together with all interest,penalties and other costs payable in connection therewith. Any such letter of credit deposited hereunder shall be issued by a national bank reasonably acceptable to such affected Parcel owner. 8 ::ODMA\PCDOCS\PORTLAND\553754\36 i • All materialmen, contractors, artisans, mechanics, laborers and any other person now or hereafter furnishing any labor, services,materials, supplies or equipment to a Constructing Owner or such Constructing Owner's Parcel, or any portion thereof, are hereby charged with notice that they must look exclusively to such Constructing Owner to obtain payment for the same. Notice is hereby given that no owner of any Parcel (other than the Constructing Owner) shall be liable for any labor, services,materials, supplies, skill, machinery, fixtures or equipment furnished or to be furnished to the Constructing Owner upon credit, and that no mechanic's lien or other lien for any such labor, services, materials, supplies, machinery, fixtures or equipment shall attach to or affect the estate or interest of the owner of any Parcel (other than the Constructing Owner) in and to such owner's Parcel, or any portion thereof. Each Constructing Owner and its tenants and their respective contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in connection with such Constructing Owner's construction operations, and for the removal • of waste and debris resulting therefrom. In the event any Constructing Owner's construction operations detrimentally affect the condition of any portion of the Project, such Constructing Owner shall restore the Project, or part thereof, to its condition existing prior to commencement of such Constructing Owner's construction operations, including without limitation, any filling and compacting of all excavations, repaving of paved areas and replacement of landscaping. No such construction operations shall result in a labor dispute or encourage labor disharmony. Prior to commencement of such Constructing Owner's construction operations, such Constructing Owner shall obtain, at its sole cost and expense, and maintain during the performance of such Constructing Owner's construction operations, workers compensation insurance covering all persons directly employed by such Constructing Owner in connection with such Constructing Owner's construction operations and with respect to which death or injury claims could be asserted against Declarant, such Constructing Owner, the Project or any interest therein as required by applicable laws and regulations, together with commercial general liability insurance for the mutual benefit of Declarant and such Constructing Owner with limits not less than the amounts set forth in Section 7 hereof, and all risk builder's risk insurance for full insurable value covering any improvements constructed. All such insurance shall be written by solvent insurance companies licensed in the State of Oregon and all such policies of insurance or binders of insurance shall be delivered to Declarant prior to commencement of such Constructing Owner's construction operations. (ii) Each Parcel shall be landscaped in accordance with a plan approved by Declarant and otherwise in accordance with the requirements of the City, such landscaping to include sodding, planting of trees, shrubs and other customary landscape treatment and, if required by Declarant or the City, an underground sprinkler system: Landscaping shall be kept in a neat and attractive condition and appearance including, without limitation, lawns mowed, edges trimmed, and trees, shrubs and other landscape treatment properly maintained. Each Parcel shall not be fenced (unless such fence acts as a temporary barrier to a construction zone during construction on such Parcel or acts as a perimeter boundary for any approved outdoor eating area on such Parcel) or obstructed in any way but shall be kept open at all times for the free use thereof, except that curbs, landscaping or bumper stops may be erected on any such Parcel in order to define the boundaries of such Parcel. Any dumpster serving any Parcel shall be screened (other than dumpsters used during temporary construction 9 ::ODMA\PCDOCS\PORTLAND\553754% operations) in a manner reasonably satisfactory to Declarant and consistent with the architectural and aesthetic character of the balance of the Project. Each Parcel owner shall maintain the exterior of all buildings located on such Building owner's Parcel in good condition and state of repair, including without limitation, maintaining all perimeter and building walls and retaining walls,keeping the exterior store front surface clean, replacing any cracked or broken glass. Declarant hereby reserves unto itself, the right to cure any failure of any Parcel owner to make such repairs, maintenance or restoration as are required under the aforesaid covenants, conditions and reservations and as required under Sections 5 and 8 hereof; provided,however, Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such owner has not cured such failure within ten(10) days after delivery of such notice or, in case such cure cannot be effected within said 10-day period and such owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure, and provided further that, with respect to a failure by such owner to maintain insurance set forth in Section 4(b)(i) and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injury or damage to persons or property, the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in performing such repairs, landscaping, maintenance or restoration shall be due from any such owner upon demand, and, in addition, such owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such owner, at an interest rate (the"Interest Rate") equal to four percent (4%) per annum in excess of the published prime rate of interest of U.S. Bank National Association (or similar institution if said bank shall cease to exist or to publish such a prime rate)provided that such rate shall not exceed the highest rate permitted by applicable law. Any of the foregoing restrictions may be waived, amended, modified, released or terminated at any time and from time to time by Declarant as to any one or more of the Parcels. 5. REPAIR AND MAINTENANCE OF COMMON AREAS; COMPLIANCE WITH LAWS; REAL ESTATE TAXES. (a) Repairs and Maintenance. Except as otherwise expressly provided herein, each Parcel owner shall, at such Parcel owner's sole cost and expense, in a manner consistent with"Class A" office projects in the greater Portland, Oregon metropolitan area (i)keep such owner's Parcel, including any Common Areas located thereon, free of obstruction, clean, swept and in good repair and renew any portions thereof as necessary, (ii) remove snow and ice from the perimeter driveways and parking areas located on such Parcel owner's Parcel, (iii) keep any Common Areas located on such Parcel owner's Parcel lighted during hours of darkness when any business operations located upon such Parcel owner's Parcel are open for business, (iv) keep the parking areas located on such Parcel owner's Parcel properly striped to assist in the orderly parking of cars, (v) provide trash service for such owner's Parcel, (vi) maintain all curbs and related site improvements including all Service Areas and hardscape areas, if any, located on such Parcel owner's Parcel in good order, condition and repair, (vii)keep such Parcel owner's Parcel neat and orderly, and planted in grass and trimmed until improved and constructed; thereafter, such Parcel owner shall keep the landscaping located on such Parcel owner's Parcel 10 ::ODMA\PCDOCS\PORTLAND\553754\3¢ landscaped in accordance with the requirements of the City, such landscaping to include sodding, planting of trees, shrubs and other customary landscape treatment and, if required by Declarant or the City, an underground sprinkler system; (viii)maintain the Storm Sewer System in good working order; and-( (ix)maintain the area between the curb on SW Boones Ferry Road and the Parcels in •ood condition• and x)perform such other maintenance and repairs as are customary for"Class A" office projects in the greater Portland, Oregon metropolitan area. All maintenance and repairs shall be done as quickly as possible and at such times and in such a manner as shall minimize any inconvenience to the business conducted in the Project and to delivery vehicles servicing such business. • (b) Compliance With Laws; Payment of Real Estate Taxes; Universal Common Area Maintenance Items. (i) Generally. Each Parcel owner shall comply with all laws,rules, regulations and requirements of public authorities relating in any manner whatsoever to such Parcel owner's Parcel, and shall pay one hundred percent (100%) of the (x) real estate taxes which are due and payable for each such Parcel owner's Parcel and insurance premiums payable with respect to each such owner's Parcel required by Section 4(b)(i) and Section 7 hereof, (y) repair and maintenance expenses for the Common Areas, Service Areas and hardscape areas, if any, located on each such Parcel owner's Parcel, and (z) amounts due and payable to the City in connection with repair and maintenance of any public improvements (including, without limitation, any trailways, and landscaping within public rights of way) located on or adjacent to each such Parcel owner's Parcel. For purposes of this Declaration, real estate taxes shall include all taxes, installments of assessments and governmental charges of any kind and nature whatsoever, including any area-wide assessment, levied or assessed against the Project and any improvement thereon. Each Parcel owner shall maintain on its Parcel a sufficient amount of landscaping to comply with the City of Tigard's minimum landscaping requirements for such Parcel. (ii) Universal Common Area Maintenance Items. Anything in Section 5(b)(i) to the contrary notwithstanding, Declarant shall (a)maintain and repair all utility lines and retaining walls within the Common Areas, including any irrigation lines, and make payment of any and all real estate taxes, insurance premiums and other similar charges attributable thereto, (b) maintain the Common Areas security program, if any, (c) maintain any Project identification signage, (d) maintain and repair the roads, perimeter driveways and entrance areas of the Parcels and related site and infrastructure improvements, and make payment of any and all real estate taxes (if any), insurance premiums, and other similar charges attributable thereto, (e) maintain and repair the landscaping, lighting systems, sprinkler and irrigation systems and related improvements in the Common Areas, (f) maintain and repair the fountains and any associated water features and make payment of any and all real estate taxes, insurance premiums and other similar charges attributable thereto, and (g)perform any other Common Area maintenance to the extent the same covers services directly benefiting a Parcel owner's Parcel, but which cannot be billed to or contracted for separately by the owner of such Parcel (collectively, "Universal Common Area Maintenance Items"). 11 ::ODMA\PCDOCS\PORTLAND\5537543¢ (iii) Payments. In addition to payment of amounts described in Section 5(b)(i), each Parcel owner shall pay to Declarant on a quarterly basis, in advance, in accordance with Declarant's estimate, and subject to adjustment after the end of the year on the basis of the actual costs for such year, its respective proportionate share of the cost of the Universal Common Area Maintenance Items. For purposes of this Section 5(b)(iii), the proportionate share of the cost of the Universal Common Area Maintenance Items for each Parcel shall be allocated among each of Parcel 1, Parcel 2 and Parcel 3 based upon the anticipated rentable area of each such building located on each respective Parcel (i.e., 68,512 rentable square feet for Parcel 1, 5,185 rentable square feet for Parcel 2, and 51,110 rentable square feet for Parcel 3, to be further adjusted to the actual rentable area of each office building once a building permit is issued for any such office building, and increasing or decreasing from time to time as physical changes are made to an office building affecting its rentable area. (c) CAM Election. Declarant may from time to time elect ("CAM Election") to maintain and repair the Common Areas located on one or more of the Parcels in the manner hereinafter set forth. Any such CAM Election shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election, and shall specify a date (no earlier than ninety(90) days following the date of the CAM Election) by which Declarant intends to commence maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election (i) Declarant shall, subject to reimbursement as provided herein, cause to be maintained and repaired the Common Areas located on the Parcels subject to the CAM Election consistent with the terms and provisions of Section 5(a) and Section 5(b) hereof; other than providing trash service for any Parcels subject to the CAM Election, (ii) the owner of each of the Parcels subject to the CAM Election shall not be required to so maintain the Common Areas located on its respective Parcels notwithstanding the provisions of Section 5(a) and Section 5(b) hereof, but shall continue to provide trash service for such owner's Parcels, shall continue to maintain the Service Areas and the hardscape areas located on such owner's Parcels, and shall comply with all laws, rules, regulations and requirements of public authorities relating in any manner whatsoever to such owner's Parcel as provided in Section 5(b) hereof, (iii) the owner of each of the Parcels subject to the CAM Election shall not be required to make the quarterly payments contemplated by Section 5(b) hereof, it being understood that such amounts shall be paid monthly as part as such Parcel owner's proportionate share of CAM Expenses (as herein defined), and (iv) the owner of each of the Parcels subject to the CAM Election shall pay to Declarant its proportionate share of CAM Expenses in equal monthly installments, in advance, as reasonably estimated by Declarant, and subject to adjustment after the end of each calendar year on the basis of the actual costs for such year. In the event the CAM Expenses estimate is delivered following January of the applicable calendar year, said amount, so estimated, shall be payable in equal monthly installments, in advance, on the first day of each month for the balance of such calendar year, with the number of installments being equal to the number of full calendar months remaining in such calendar year. Declarant may re-estimate the amount of CAM Expenses from time to time during any calendar year. Each such Parcel Owner's proportionate share of CAM Expenses shall be a fraction, the numerator of which shall be the rentable square foot floor area of the building located on such Parcel owner's Parcel, and the denominator of which shall be the total rentable square foot floor area of all buildings located on the Parcels subject to the CAM Election. In the event Declarant 12 ::ODMA\PCDOCS\PORTLAND\553754\36 • makes a CAM Election, Declarant may promulgate such reasonable, non-discriminatory rules and regulations for the Parcels subject to the CAM Election as Declarant deems reasonable and necessary, and the owners of each of the Parcels subject to the CAM Election shall be bound thereby. The term "CAM Expenses" shall include all Universal Common Area Maintenance Items and all other expenses incurred with respect to the maintenance, lighting, cleaning, inspecting, painting, repair, operation and replacement of the improvements (including, without limitation, retaining walls, landscaping, hardscaping and equipment, such as lighting poles,par1Hng-meters and fixtures located within the Common Areas) of the Common Areas located on the Parcels subject to the CAM Election, and certain other costs as more particularly described below, as determined by Declarant's accountant in accordance with prudent industry standards, including, without limitation, insurance premiums for the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of maintaining, operating, replacing, repairing, repaving, lighting, striping, salting and sealing the parking areas, including any parking decks, perimeter driveways and entrance areas of the Common Areas located on the Parcels subject to the CAM Election, and any and all real estate taxes (if any), insurance premiums, and other similar charges attributable thereto; all costs and expenses of removing debris from and for security protection for the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of all service and maintenance contracts for the Common Areas located on the Parcels subject to the CAM Election, including, without limitation, general cleaning, surface water, pest control, electronic instruction, fire control and telephone alert systems; costs of collection and disposal of all trash and garbage; all costs and expenses for machinery and equipment used in the operation of the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of maintaining and repairing sprinklers and other fire protection systems, irrigation systems, and heating, air conditioning, electrical, gas, water, telephone and other utility systems serving the Common Areas located on the Parcels subject to the CAM Election; all costs and expenses of planting, maintaining and replacing landscaping and shrubbery for the Common Areas located on the Parcels subject to the CAM Election; maintaining and repairing traffic signals and all costs and expenses of traffic regulation, directional signs and traffic consultants; permits, . . - • - .. . . - - -- ; all costs and expenses of operating, maintaining, repairing and replacing any non-public utility system serving the Common Areas located on the Parcels subject to the CAM Election; all reasonable charges for interest on and depreciation of equipment installed in, or improvements or alterations made to, the Common Areas which are for the purpose of reducing energy costs, maintenance costs or other CAM Expenses, or which are required under any governmental laws, regulations, or ordinances which were not required as of the date hereof, so as to amortize the cost of such equipment, improvements or alterations over the reasonable life of the same on a straight line basis; the costs of unifefflisT supplies and materials used in connection with the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election; the cost of providing employment and so-called fringe benefits for employees involved in the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election; amounts paid to contractors or subcontractors for work or services performed in connection with the operation, maintenance repair and replacement of the Common Areas located on the Parcels subject to the CAM Election; • - . . - - . .• .• • . 13 ::ODMA\PCDOCS\PORTLAND\553754\3¢ - . _ - - : - - ' :•- ; without duplication of any of the foregoing, the cost of the Universal Common Area Maintenance Items; and such other costs or expenses as may be ordinarily incurred in the operation, maintenance, repair and replacement of common areas and not specifically set forth herein, including a reasonable management fee (not to exceed 15% of the foregoing costs and expenses). Declarant may from time to time elect to cancel ("CAM Cancellation") any CAM Election and no longer be responsible for the repair and maintenance of the Common Areas located on the Parcels subject to the CAM Election in the manner hereinafter set forth. In the event of the CAM cancellation, the obligations for repair and maintenance shall be the responsibility of the owners of the Parcels. Any such CAM Cancellation shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election, and shall specify a date, no earlier than ninety(90) days following the date of the CAM Cancellation, by which Declarant shall no longer be responsible for the maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Cancellation, the owner of each of the Parcels subject to the CAM Election shall, on the date specified in the CAM Cancellation, resume responsibility for the maintenance and repair of the Common Areas located on its respective Parcel in the manner required by.Section 5(a) and Section 5(b) hereof and shall resume making the quarterly payments contemplated by said Section 5(b). Nothing herein contained shall preclude Declarant from making a CAM Election subsequent to a CAM Cancellation. (d) Books and Records. Declarant shall, at the request of any Parcel owner, make available to such Parcel owner for its inspection and examination during Declarant's normal business hours all of the books and records that relate to the determination of the amounts due and owing as provided in SectionSections 5(b) and 5(c) hereof. Declarant also agrees to make such books and records available during Declarant's normal business hours to an independent certified accountant (which such independent certified accountant shall not be compensated in whole or in part on a contingency fee basis) selected by any such Parcel owner, for review and audit, at the requesting Parcel owner's sole cost and expense. If such audit reveals an error in any such amount or adjustment, an appropriate adjustment shall be made based upon such audit, and if any such error reveals an overpayment by any such Parcel owner in excess of 5% of the amount actually due and owing by any such Parcel owner, Declarant shall pay the reasonable cost of such audit. 6. INDEMNIFICATION. The owner of each Parcel agrees to defend, indemnify and hold harmless the other Parcel owners-and from and against any and all claims, actions, damages, fines, liabilities and expenses of every kind, nature and sort whatsoever(including reasonable attorney's fees, court costs and expenses) which may be imposed upon, incurred by or asserted against the indemnified party or its property in connection with loss of life, personal injury and/or property damage arising from or relating to any occurrence in, upon or at the indemnified Parcel owned by the indemnifying party, or any part thereof, or from exercise by the indemnifying party of the easement rights granted herein, except to the extent caused by the willful or negligent acts or omissions of the indemnified party or to the extent covered by insurance. With respect to any indemnification provided for hereunder, the indemnifying owner 14 ::ODMA\PCDOCS\PORTLAND\553754\3fz 1 shall immediately respond and take over the expense, defense and investigation of all such claims arising under this indemnity. Each Parcel owner("Releasing Owner") shall release and waive for itself, and each person claiming by, through or under it, each other Parcel owner("Released Owner") from any liability for any loss (including any deductible loss) or damage to any property of such Releasing Party located upon any portion of the Project and for any business conducted upon any portion of the Project, without regard to any negligence on the part of the Released Owner which may have contributed to or caused such loss, or of the amount of such insurance required to be carried or actually carried; provided, however, the foregoing release shall not apply to any loss or damage attributable to an environmental condition caused by the Released Owner. Each Parcel owner agrees to obtain, if needed, appropriate endorsements to its policies of insurance with respect to the foregoing release. 7. INSURANCE. Each Parcel owner shall cause to be procured and maintained commercial general public liability insurance with a combined single limit of no less than $3,000,000.00 on an occurrence basis, which policy or policies shall: (a) name as an additional insured the Declarant and Declarant's management agent; (b) be written by solvent insurance companies licensed in the State of Oregon and rated at least A/X by A.M. Best Insurance Service (or such similar service in the event A.M. Best no longer exists); (c) provide that such policy or policies may not be canceled by the insurer without first giving each named insured and Declarant at least thirty(30)days' prior written notice; (d) protect and insure the parties designated in clause(a) above on account of any loss or damage arising from injury or death to persons or damage or destruction to property caused by or related to or occurring on (i) any such Parcel; (ii) any construction or reconstruction that any such Parcel owner may perform in connection with such owner's Parcel; and (iii) any • act or omission of any such Parcel owner, and its respective agents, employees, licensees, invitees or contractors on any portion of such Parcel; (e) include contractual liability coverage insuring the indemnity obligations provided for herein; • (f) provide for severability of interests; and (g) provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or additional insureds. 15 ::ODMA\PCDOCS\PORTLAND\553754\ Any such coverage shall be deemed primary to any liability coverage secured by any other Parcel owner covering such owner's Parcel. Each Parcel owner shall also keep any building improvements located on its Parcel insured in an amount equivalent to the full replacement value thereof(excluding foundation, grading and excavation costs) against loss or damage by fire and such other risks of a similar or dissimilar nature customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to such building improvements. Nothing herein contained shall prevent any Parcel owner from taking out insurance of the kind and in the amount provided for hereunder under a blanket insurance policy or policies which may cover other properties owned or operated by such Parcel owner as well as its Parcel; provided, however, that any such policy of blanket insurance of the kind provided for shall specify therein the amounts thereof allocated to such Parcel or such Parcel owner shall furnish each other Parcel owner with a written statement from the insurers under such policies specifying the amounts of the total insurance allocated to such Parcel, and provided further, that such policies of blanket insurance shall, as respects such Parcel, contain the various provisions required of such an insurance policy by the foregoing provisions of this Declaration. Further, if . . - . . - - • . . - - . - . . - , . - - - - • . . . . --- - . - . - - . - . _ • . , . Each Parcel owner shall deliver binders or certificates of such policies of insurance to Declarant and to each other Parcel owner upon demand. 8. DAMAGE AND DESTRUCTION. In the event of any damage or destruction to any buildings to be constructed on any of the Parcels, the owner of said Parcel shall either (i) promptly remove all rubble and debris resulting from such damage or destruction and shall commence restoration within six (6)months of such damage or destruction and shall complete restoration of such damage or destruction within twelve (12) months after the date thereof, or (ii) forthwith remove all rubble and debris resulting from such damage or destruction and restore the site to a safe, orderly and clean condition as soon as possible and maintain landscaping as required by the City, provided that the time periods described herein shall be deferred for a period, not to exceed an aggregate of three hundred sixty-five (365) days, equal to any delay caused by reason of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefor, acts of God, governmental restrictions,regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire 16 ::ODMA\PCDOCS\PORTLAND\553754\36 e e or other casualty, acts or governmental agencies, or other causes (other than lack of funds) beyond the reasonable control of any such Parcel owner. 9. USE. The Project shall not be used for any activity proscribed on Exhibit D attached hereto and made a part hereof. All uses, buildings, structures and improvements shall comply with all applicable zoning ordinances of the City. 10. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the Project to the general public or for the general public or for any public purposes whatsoever, it being the intention of Declarant that this Declaration shall be strictly limited to and for the purposes herein expressed. Declarant shall have the right to close any portion of the Project owned by Declarant to the extent as may, in Declarant's reasonable opinion, be necessary to prevent a dedication thereof or the accrual of any rights to any person or the public therein; provided, however, in the exercise of any rights pursuant to this Section 10, shall use commercially reasonable efforts to minimize interference with any of the easements granted by this Declaration. 11. RIGHTS AND OBLIGATIONS OF LENDERS. If by virtue of any right or obligation set forth herein a lien shall be placed upon any one of the Parcels, such lien shall be expressly subordinate and inferior to the lien of any first mortgage lienholder now or hereafter placed on such Parcel except those liens recorded prior to recordation of any such first mortgage. Except as set forth in the preceding sentence, however, any holder of a first mortgage lien on any one of the Parcels, and any assignee or successors in interest of such first mortgage lienholder, shall be subject to the terms and conditions of this Declaration. 12. ENFORCEMENT. The covenants, conditions and restrictions set forth herein shall be enforceable only by Declarant or by the owner of a Parcel, and shall be enforceable by: (a) Injunctive relief, prohibitive or mandatory, to prevent the breach of or to enforce the performance or observance of said covenants, conditions and restrictions; or (b) A money judgment for damages by reason of the breach of said covenants, conditions and restrictions; or (c) Any combination of the foregoing. In addition, in the event any Parcel owner fails to comply with the covenants, conditions and restrictions set forth in this Declaration, Declarant may take such action as Declarant deems appropriate to effect such compliance without waiving Declarant's rights under this Declaration, at law or in equity and without releasing such Parcel owner from compliance with the covenants, conditions and restrictions under this Declaration; provided, however, Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such Parcel owner has not cured such failure within ten (10) days of such notice or, in case such cure cannot be effected within said 10-day period and such Parcel owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure, and provided further that, with respect to a failure by a Parcel owner to maintain 17 ::ODMA\PCDOCSU'ORTLAND\553754\3¢ insurance set forth in Section 4(b)(i) and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injury or damage to persons or property, or with respect to a failure by a Parcel owner to comply with the covenants, conditions and restrictions set forth in Section 1(a)hereof, the aforesaid cure period shall not apply. All reasonable.costs incurred by Declarant in curing any non-compliance by any Parcel owner with the covenants, conditions and restrictions set forth in this Declaration shall be due from any such Parcel owner upon demand, and, in addition, such Parcel owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such Parcel owner, at the Interest Rate. The failure of Declarant to enforce any provisions of the covenants, conditions and restrictions herein contained upon the violation thereof as to one or more Parcels (or one or more Parcel owners) shall in no event be deemed to be a waiver of its rights to do so as to a subsequent violation or as to any other Parcel (or any other Parcel owner). Each Parcel owner that fails to comply with the covenants, conditions and restrictions set forth in this Declaration shall pay any and all reasonable costs and expenses incurred by Declarant in connection with enforcement by Declarant of the rights and remedies set forth in this Section 12 against any such Parcel owner including, without limitation, all reasonable attorneys' fees and consulting fees and all court costs and filing fees related thereto. Anything in this Section 12 to the contrary notwithstanding, (i) if any Parcel owner fails to comply with the covenants, conditions and restrictions set forth in this Declaration and Declarant has not taken any action to effect such compliance, then any other Parcel owner shall have the right to cause Declarant to use commercially reasonable efforts to take such action as Declarant deems appropriate to effect such compliance, which action shall be at the sole cost and expense of the requesting Parcel owner and (ii) if Declarant fails to exercise its rights and responsibilities under this Declaration in accordance with the provisions herein contained, then any Parcel owner shall have the right to institute legal proceedings against Declarant to require Declarant to so exercise such rights and responsibilities, but no such proceedings shall subject Declarant to any damages by reason of Declarant's failure to so exercise such rights and responsibilities, it being understood that no Parcel owner shall have any claim, and each Parcel owner hereby waives the right to claim against Declarant for damages by reason of Declarant failing to exercise its rights and responsibilities under this Declaration, and each Parcel owner's only remedy shall be an action for specific performance or injunction to enforce any such failure to exercise Declarant's rights and.responsibilities, as aforesaid. 13. PARTIAL INVALIDITY. Invalidation of any of the provisions of the covenants, conditions and restrictions herein contained, whether by order of court of competent jurisdiction, or otherwise, shall in no way affect any of the provisions which shall remain in full force and effect. 14. MISCELLANEOUS. Any consent or approval required of Declarant hereunder may be given by the person(s) or entity(s)holding beneficial ownership in Declarant. Failure by Declarant to respond to a request for any approval or consent required of Declarant hereunder within fifteen (15) days of such request accompanied by all supporting documents and materials 18 ::ODMA\PCDOCS\PORTLAND\553754\3 410 required to be furnished to Declarant shall constitute an approval or consent of the matter requested and for which required supporting documentation and materials have been furnished. Declarant may transfer the rights and responsibilities reserved to it hereunder to any other person(s) or legal entity by written instrument recorded in the Office of the County Recorder in Washington County, Oregon,but only if such instrument specifically gives the transferee the right to enforce the provisions. Declarant shall have the right to transfer the rights and responsibilities under this Declaration only to an owner of a Parcel. If Declarant does not otherwise assign the Declarant's rights and responsibilities earlier and record notice thereof in the real property records of Washington County, Oregon, then, upon the recording in the real property records of Washington County, Oregon of the deed pursuant to which Declarant conveys title to the last Parcel owned by Declarant, the owner of Parcel 1 shall automatically become the Declarant, assuming all the rights and responsibilities of Declarant under this Declaration. Wherever a transfer occurs in the ownership of any Parcel, the transferor shall have no further liability for breach of covenant occurring thereafter. Each Parcel owner agrees to look solely to the interest of any other Parcel owner in its respective Parcel for the recovery of any judgment from such owner, it being agreed that the owner of any such Parcel and its partners, directors, officers, members,managers or shareholders shall never be personally liable for such judgment. In the event any Parcel is subdivided after the date hereof, the benefits and burdens created hereby shall benefit and be binding upon any Parcel(s) created by such subdivision, and all references herein to any such Parcel shall mean and refer to the Parcel(s) created by such subdivision, and all rights and obligations of the Parcel owner shall be deemed to be the rights and obligations of the owner(s) of any Parcel created by such subdivision. Declarant shall have the unilateral right to amend this Declaration by recording an executed amendment in the Office of the County Recorder in Washington County, Oregon, unless such amendment would materially and adversely affect any Parcel not owned by Declarant, in which case any such amendment shall require the consent of the Parcel owner so materially and adversely affected thereby, and such amendment shall be of full force and effect, valid and binding upon the execution thereof, notwithstanding that not every owner of each Parcel at the time of such amendment consented to,joined in, or executed the same. However, so long as either the OSB Lease is in full force and effect or the Oregon State Bar owns Parcel 1, an amendment to this Declaration shall require the consent by the Oregon State Bar, which consent shall not be unreasonably withheld, conditioned, or delayed. 15. FAILURE TO PAY AMOUNTS DUE AND OWING. Any amounts due from any Parcel owner under this Declaration which are not paid when due shall bear interest from the due date until the date of payment at the Interest Rate, and such amounts shall be secured by a lien upon such owner's Parcel, effective upon the recording thereof in the Office of the County Recorder in Washington County, Oregon. Any such lien may be foreclosed upon in the same manner as provided for enforcement of mechanics liens or liens securing mortgage indebtedness. 16. RIGHTS RESERVED. Declarant retains, reserves and shall continue to enjoy the use of the Parcels for any and all purposes which do not interfere in any material respect with or prevent the use by the Parcel owners of the easements granted herein. Without limiting the generality of the foregoing, it is understood that Exhibit A is intended only for identifying the real estate comprising the Parcels and the approximate boundary lines of the individual parcels, 19 ::ODMA\PCDOCS\PORTLAND\553754\3¢ and that Exhibit A is not to be considered or construed as a representation,warranty or covenant that the shape, size, location, number and extent of building improvements shown thereon shall be constructed. Except as otherwise limited by this Declaration and the OSB Lease, Declarant reserves the right to change from time to time the dimensions and location of the Common Areas and the location, dimensions, identity and type of any parking areas or buildings (in each case owned by Declarant) in the Parcels and to construct additional buildings, additions to existing buildings, and other improvements in the Parcels, to eliminate buildings from the Parcels owned by Declarant, to increase the land size or otherwise modify the configuration of the Parcels shown on Exhibit A, and to change the name, address, number or designation by which the Parcels are commonly known; provided, however, in the exercise of such rights, Declarant shall not materially and adversely affect access to, visibility of, or parking serving any Parcel. 17. RELOCATION OF EASEMENTS. Declarant reserves the right at any time and from time to time, and subject to the limitations and restrictions provided in this Declaration and the OSB Lease,to relocate all or a portion of the easements (except for the public sanitary sewer easement which shall require the consent of the City of Tigard) granted by Declarant herein, provided that (i) the easements so relocated will be of substantially equivalent usefulness for the purposes stated in this Declaration, (ii) all costs incurred to effect such relocation shall be paid by Declarant, (iii) Declarant shall interfere with the business being operated on the Parcel benefited by the easement being relocated as little as reasonably possible in the exercise of Declarant's rights herein, and (iv) Declarant shall provide prior written notice of any such relocation to the owner(s) of the Parcel(s)benefited by the easement(s) being relocated. 18. ESTOPPEL CERTIFICATE. Declarant, upon the written request (which shall not be more frequent than three (3) times during any calendar year) of any owner of any Parcel, shall issue to such other owner or its prospective mortgagee of such Parcel or purchaser, an estoppel certificate stating, to the best of the issuer's knowledge: (i) whether it knows of any.default under this Declaration by the requesting Parcel owner, and if there are known defaults, specifying the nature thereof; (ii) whether this Declaration has been assigned, modified or amended in any way by it and if so, then stating the nature thereof; (iii) whether this Declaration is in full force and effect; and (iv) whether there are any sums due and owing by any owner of any Parcel under this Declaration. 19. NOTICE. All notices and demands herein required or permitted shall be in writing and shall be sent by United States Certified Mail return receipt requested, personal delivery, recognized overnight courier(guaranteeing next day delivery) or facsimile with proof of transmission. Any notice to Declarant shall be delivered to Opus Northwest, L.L.C., 1500 SW First Avenue, Suite 1100, Portland, Oregon 97201, Attention: Vice President, Facsimile Number: (503) 916-8964, with at copy to: Opus Northwest, L.L.C., 10350 Bren Road West, Minnetonka, Minnesota 55343, Attention: Legal Department, Facsimile Number: (952) 656- 20 ::ODMA\PCDOCS\PORTLAND\553754\36 4529. All notices shall be deemed given two (2)business days following deposit in the United States mail with respect to a certified mail, one (1)business day following deposit if delivered to an overnight courier guaranteeing next day delivery(with receipt) or on same day if sent by personal delivery or telecopy(with proof of transmission), or on the first date of any rejection. Attorneys for the owner of a Parcel shall be authorized to give notices for such owner. Declarant may change its address for the service of notice by giving written notice of such change to the owners of the other Parcels in the manner above specified. 20. EXHIBITS. The following exhibits are made a part hereof, with the same force and effect as if specifically set forth herein: Exhibit A. Project Site Plan Exhibit B. Legal Description Exhibit C. Utility Plan Exhibit D. Use Restrictions • [Signature Page Followspage follows] 21 ::ODMA\PCDOCS\PORTLAND\553754\3¢ IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. Opus Northwest, L.L.C., a Delaware limited liability company By: Name: Its: STATE OF ) ) ss. COUNTY OF ) I, , a Notary Public in and for said County in the State aforesaid, DO HEREBY CERTIFY THAT , the of Opus Northwest, L.L.C., a Delaware limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument as such , appeared before me this day in person and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said limited liability company for the uses and purposes therein set forth. Given under my hand and notarial seal this day of , 2007. Notary Public for My Commission Expires: 22 ::ODMA\PCDOCS\PORTLAND\553754\ N8930'44'E 348:37' PROPERTY LINE ED DJUSTMENT (7-1—„, LOCATED IN THE NE 7/4 OF SECTION 13. AND THE SE < III[... /// ' •j� 1/4 OF SECTION 72, I iq T.2S., R.1W., W.M., 1"=it7) N TIGARD, WASHINGTON COUNTY, OREGON. I3 I L JANUARY 71. 2007 0o PARCEL 1 ii Q 0 ° / b N72'55'45"W 124,274 SF N8934'SB'E / � 10.32' 2.853 ACRES PARCEL 57.94' • S 4 28,340 SF ``�,y�r h. 0.651 ACRES S2?55ys 6.?..''yy '--- ' q ti h. /3g 68 £ �T. ,/ n 564 23'17'W o S1 T04'15"W ^M / - `� .36.64' 9.62' O /O. I N4773'22"E ,� 4' N7 4.17' o ��SS'4 5, /09 SS as•I 4 "11 N4.3'31'02"W Ike_ - (i,41 ?45'4 69' 7} 0 13.87_' ' Lw• CA X 1 / 74 O 2Y N43'28'12"W 7 9 b t ~ N72'55'45"W ,a5�,, 24.76' /6hh y y 43.10 Qp, I��Q '� S4 8'00'29”W { �0� CO PARCEL F3 42.92' —/ °�°\G� `Q 't "Tel 2.652 ACRES p•���A� ,9/,P °9 0 3 - , • r0 TA.,t,, \r �� G O c,1� IN c j f �• PREPARED FOR: On �. 549.19'55"W �-°° OPUS NW, LLC. �� (�, 27.58' �7' V.." 1500 SW FIRST AVENUE, #1100 0 /6 vv PORTLAND, OR 97201 6 PREPARED BY: z J ti° / KCD LLC S49'f 9 55 W ti 2407 NE 292ND AVENUE ZO�' CAMAS, WA 98607 w v Po, • EXHIBIT B Legal Descriptions Parcel 1 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast V4 of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at the 5/8" Iron Rod with a yellow plastic- cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P & S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described in deed, recorded in Document Number 91063372; thence along the North line of said Tract of Land, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W, 4.17 feet; thence N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25'40"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence S64°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P & S Railroad Right of Way at a point of non- tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" (Chord bears N12°47'31"E, 200.84 feet) a distance of 201.00 feet to the point of beginning. Containing 124,274 Square Feet (2.853 Acres). The Bearings are based on Washington County Survey Number 103314. • B-1 ::ODMA\PCDOCS\PORTLAND\553754\36 • • Parcel 2 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast 1/4 of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Northeasterly line of that Tract of Land described in deed, recorded in Document Number 91063372, Washington County Deed Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, N89°34'55"E, 57.94 feet and S42°36'45"E, 67.92 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P & S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence 546°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°27'21"W,.142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E,. 139.68 feet; thence N47°23'22"E, 4.17 feet to the point of beginning. Containing 28,340 Square Feet (0.651 Acres). The Bearings are based on Washington'County Survey Number 103314. • B-2 ::ODMA\PCDOCS\PORTLAND\553754\ Parcel 3 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 1/4 of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the Easterly Right of Way line of the S P & S Railroad Right of Way which bears S12°47'31"W, 200.84 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence S17°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 • feet; thence S43°28'12"E, 24.76 feet; thence N46°28'58"E, 52.20 feet; thence S43°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 438.99 feet; thence continuing along said parallel line, S49°19'55"W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the Easterly Right of Way line of the S P & S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet (2.852 Acres). The Bearings are based on Washington County Survey Number 103314. B-3 ::ODMA\PCDOCS\PORTLAND\553754\ M) R trl r M f- z I I PROPOSED ' 1 r'1 J PRIVATE DRAINAGE UTILITY UTILITY HIBIT CG g r ) L SYSTEM (SEE CC&&R'S) FOR n,0 I FANNO CREEK COMMONS o 1'■100' ' 1 LOCATED IN THE NE 1/4 OF SECTION 13, AND THE SE r 1/4 OF SECTION 12, T.25.. R.1 W.. WM.. 0 0 O TIGARO. WASHINGTON 14:3 COUNTY. OREGON. I g I / o P' r , ` DOC NO.P2006-128780 JANUARY 18 2007 itt rl 1� r BUILDING A r! `. LEGEND: r "PRWE" PRIVATE \ . r p \ WATER EASEMENT / rte, "PSSE" PUBLIC SANTARY V C r r I / / SEWER EASEMENT .--i r I rr I / I (,..\\ . - CO a. , / y ` fir p�,q,� /� P�. � `� EXISTING `�`, U : / iq pS� r Y "' 3 /� `.,^ "y ♦ BUILDING `.' \ , ` v ii,/4) /` \ • BUILDING B ,`''`+.Qor� ,' Z....4K q.0,,f.41,, 8.1.3(i, ,, , -,.\, d'i , , <,,z, -. ,-- • . , ,46, ...ss,,..,,{ , ,r /P3 ilk o� ,,�`, 's 6 / 095k i ,' '\\7'..:' ` .`, s� PRIVATE ORAfNAG /�Oe� �O 0. PREPARED FOR: 47.00' `` SYSTEM (SEE CC&R'S) 00` / `g OPUS NW, L.L.C. / S,'/' ACCESS �`,�`;, .., P QQ�`G�, 1500 SW FIRST AVENUE, #1100 /; DOC.MNOT `�`,� ,�� /ryti� `�J PORTLAND. OR 97201 ----1 STORM 15.00' 2006-128782 • `,,��, / 5 PREPARED BY.• STORM DRAINAGE a KCD LLC EASEMENT `., ` DOC. NO. ` • • ' 2407 NE 292ND AVENUE 2006-128781 CAMAS. WA 98607 EXHIBIT D Use Restrictions The following uses shall be prohibited, as either primary or accessory uses, whether or not the same are permitted by the underlying zoning: automobile sales or leasing, automobile repair or body shop, adult establishment, adult motion picture theater, adult novelty business or bookstore, amusement device establishment, cabinet, electrical, heating, plumbing, upholstery or air conditioning sales or service shop, fix-it shop, liquor store, open sales lot, pawn shop, drive- thru restaurant, warehouse, taxi terminal, tattoo parlor, currency exchange or tobacco shop. • D-1 ::ODMA\PCDOCS\PORTLAND\553754\ • Document comparison done by DeltaView on Wednesday, February 21, 2007 11:22:48 AM Input: Document 1 pcdocs://portland/553754/3 Document 2 pcdocs://portland/553754/6 Rendering set Standard Legend: Insertion Moved4om Moved to Style change Format change Moved deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 32 Deletions 22 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes I - 56 • • AFFIDAVIT OF MAILING UBC ARD I,Patricia L. Lunsford,being first duly sworn/affirm, on oath depose and say that I am a Senior Administrative Specialist for the City of Tigard,Washington County,Oregon and that I served the following: { ma(s) t © NOTICE OF DECISION FOR MiS2007-00001/FANNO GREEK PLACE LOT LINE ADJUSTMENT (File No/Name Reference) ❑ AMENDED NOTICE ® City of Tigard Planning Director A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B", and by reference made a part hereof,on February 12,2007,and deposited in the United States Mail on February 12,2007,postage prepaid. • ILA"/ ISAL. (Person .t e -pare. loac- STATE OF OREGON County of Washington ss. City of Tigard Subscribed and sworn/affirmed before me on the 7 day of '1 ,2007. �1 �'�r o�c+At sE� (J ( ,-4.- ,,,;"1 DIANE M JELDERKS 1 4.,71T-,,1 NOTARY PUBUC-OREGON -'..( I / COMMISSION NO.373021 ( 1 MY COMMISSION EXPIRES SEPT.25,2007 0 , ��- �- OT 'Y PUBLI•O' OREGON/f My Commission E .rres: Vp S/Q2 .. • EXHIBIT A . NOTICE OF TYPE I DECISION LOT LINE ADJUSTMENT (MIS) 2007-00001 FANNO CREEK PLACE LOT LINE ADJUSTMENT TIGARD 120 DAYS = 6/7/07 SECTION I. APPLICATION SUMMARY FILE NAME: FANNO CREEK PLACE LOT LINE ADJUSTMENT CASE NO.: Lot Line Adjustment(MIS) MI S2007-00001 PROPOSAL: The applicant is proposing to adjust two (2) proper ines, which will reconfigure three (3) separate parcels. Parcel 1 of 24,286 w�become 28,340 square feet. Parcel 2 of 238,389 will become 124,274 square feet. Parcel 3 of 2,725 will become 124,220 respectively. APPLICANT: OPUS Northwest,LLC OWNER OPUS Northwest,LLC Attn:Brian Bennett PARCELS 1,2 &3: Attn:Erin Engman 10350 Bren Road West 10350 Bren Road West Minnetonka,MN 55343 Minnetonka,MN 55343 AGENT: WRG Design,Inc. Attn: Erin Engman 5415 SW Westgate Drive, Suite 100 Portland, OR 97221 LOCATIONS: PARCEL 1: 16045 SW Upper Boones Ferry Rd.;WCTM 2S113AB, Tax Lot 200 PARCEL 2: 16075 SW Upper Boones Ferry Rd.;WCTM 2S 113AB, Tax Lot 300 PARCEL 3: No Address;WCTM 2S113AB, Tax Lot 500 ZONING DESIGNATIONS: I-P: Industrial Park District. The I-P zoning_ district provides appropriate locations for combining light manufacturing, office and small-scale commercial uses, e.g., restaurants personal services and fitness centers, in a campus-like setting. Only those light industrial uses with no off-site impacts, e.g., noise, glare, odors, vibration, are permitted in the I-P zone. In addition to mandatory site development review, design and development standards in the I-P zone have been adopted to insure that developments will be well-integrated, attractively landscaped, and pedestrian-friendly. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.390, 18.410 and 18.510. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to certain conditions of approval. The findings and conclusions on which the decision is based are noted in Section IV. NOTICE OF TYPE I DECISION PAGE 1 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT • CONDITIONS OF APPROVAL PRIOR TO THE RECORDING OF THE LOT LINE ADJUSTMENT, THE FOLLOWING CONDITION SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL GAINES IN THE PLANNING DIVISION AT 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 Planning Department. The survey map shall include all access and utility easements. 2. Prior to recording, the applicant must submit for review and approval a copy of the Codes, Covenants and Restrictions for Fanno Creek Place incorporating the revisions requested by the City. PRIOR TO THE RELEASE OF BUILDING PERMITS FOR FANNO CREEK PLACE, THE FOLLOWING CONDITIONS SHALL BE SATISFIED: UNLESS OTHERWISE NOTED, THE STAFF CONTACT SHALL BE CHERYL GAINES IN THE PLANNING DIVISION AT 503-639-4171. 3. Following recording,the applicant shall provide evidence to the City that the Lot Line Adjustment survey map was recorded within 18 months of this decision. 4. Following recording, the applicant shall provide evidence to the City that the approved Codes, Covenants and Restrictions for Fanno Creek Place were recorded within 18 months of this decision. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. SECTION III. BACKGROUND INFORMATION Site Information: The subject site is located west of SW Upper Boones Ferry Road, just north of the intersection with Durham Road. The property is zoned I-P with properties to the north, south and west also zoned I.P. Properties to the east of-Upper Boones Ferry are zoned Light Industrial (I-L). The abutting properties are developed with office and commercial uses. This parcel is made up of three tax lots. Six existing tax lots were recently consolidated to create Parcels 2 and 3. Proposal Description: The applicant is proposing to adjust two (2) property lines, which will reconfigure three (3) separate parcels. Parcel 1 of 24,286 will become 28,340 square feet. Parcel 2 of 238,389 will become 124,274 square feet. Parcel 3 of 25,725 will become 124,220 respectively. The three parcels make up a recently approved, three building office development (SDR2006-10002). Submitted along with this Site Development application was a request to partition the site into three re-configured parcels, but the application was withdrawn. The SDR was approved as if the seven original parcels would be consolidated into one lot and partitioned at a later date. Because the applicant has chosen to reconfigure the parcels through a lot line adjustment, Staff has requested submittal items to ensure the site's continued functionality and conformance with City standards. These items include but not limited to provisions for shared parking, access, utility maintenance, and shared landscaping to meet minimum City standards. Most of these issues are addressed within the Codes, Covenants and Restrictions (CC&Rs) provided by the applicant. NOTICE OF TYPE I DECISION PAGE 2 OF 5 MS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT SECTION IV. AITPLICABLE REVIEW CRITERIA D 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 Section 18.410.040 - Approval Criteria states that 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; three (3) lots exist and three (3) lots will remain after the proposed adjustment. The I-P zone has no minimum lot size. In any event, the lots will be 28,340, 124,274 and 124,220 square feet respectively after the adjustment. 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; There is no minimum lot size required in the I-P zone. There is no minimum side or rear setback required in the I-P zone unless the site abuts a residential zone. The surrounding properties are zoned I-P like the subject site. A 35-foot front yard setback is required. Parcel 2 has no street frontage. Parcel 1 has an existing building with a 28-foot front yard setback,which is non-conforming. The front setback for Parcel 3 is 90 feet. A site plan is provided that shows the buildings in relation to the proposed property lines. In the original approval the landscaping requirement for the project was reduced from the required 25% to 20%. The applicant has provided evidence that each lot will still meet this 20% landscape requirement after the adjustment. The resulting parcels are in conformity with the dimensional standards of the zoning district, including: • The minimum width of the building envelope area shall meet the lot requirement of the applicable zoning district; • 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 Iot area calculation; • 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 • Setbacks shall be as required by the applicable zoning district. As stated above the proposed lots will meet the dimensional requirements of the I-P zoning district. The above standard requires lots created through the partition process to front a public right-of-way by at least 15 feet or have a legally recorded minimum 15-foot wide access easement. Parcel 2 has no street frontage, so a reciprocal access easement has been proposed between the three parcels. The easement is over the entirety of each lot and therefore exceeds the 15-foot width requirement. Irregardless, the standard refers to the partitioning of parcels only and this request for a lot line adjustment. Setbacks for each parcel are met as previously discussed. Therefore, this criterion has been met. With regard to flag lots: • 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. • A screen shall be provided along the property line of a lot of record where the paved drive in an access way is located within ten feet of an abutting lot in accordance with Section 18.745.040. Screening may also be required to maintain privacy for abutting lots and to provide usable outdoor recreation areas for proposed development. NOTICE OF TYPE I DEQSION PAGE 3 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT Parcel 2 will have access to� er Boone's Ferry Road through a reciprocal access easement across Parcels 1 and 3. The screening p do not apply to this application as no new access ways are proposed with this application. If Parcel 2 is divided in the future, then current standards for flag lots will be reviewed at the time of application. 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. The applicant states the project will be in compliance with fire district requirements. An e-mail provided by the applicant shows that the number of fire hydrants (five) as being acceptable. Changes to the access points are not proposed with this application. 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. As stated above Parcel 2 has access to Upper Boone's Ferry Road through a reciprocal access easement with Parcels 1 and 3. No new access drives are proposed with this application. All three parcels will utilize existing access points that were approved during the Site Development Review SDR2006- 10002). If shared access is proposed in the future, it will be reviewed to ensure current standards can be met. This standard has been satisfied. Any access way shall comply with the standards set forth in Chapter 18.705: Access, Egress, and Circulation. Access was reviewed and approved through the Site Development Review(SDR2006-10002). Any future proposed access must meet current standards at the time of application. This standard does not apply. Exemptions from dedications: A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required. Floodplain, greenway and right-of-way dedication is not required as part of this application. Therefore, this standard does not apply. Variances to development standards: An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370, Variances and Adjustments. The applicant has not requested a variance or an adjustment with this application. FINDING: Based on the analysis above, Staff finds that the Lot Line Adjustment criteria have been met. NOTICE OF TYPE I DECISION PAGE 4 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT SECTION V. PRC DURE AND APPEAL INFORTTION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: 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 ON FEBRUARY 12, 2007, AND BECOMES EFFECTIVE ON FEBRUARY 13, 2007. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639-4171. 01/A. . a. February 12, 2007 APPROVE f BY: Cheryl Caines DATE Assistant Planner NOTICE OF TYPE I DECISION PAGE 5 OF 5 MIS2007-00001-FANNO CREEK PLACE LOT LINE ADJUSTMENT H-5' l CITY of TIGARD II CKABLE LN GEOGRAPHIC INFORMATION SYSTEM _____ ir/ ? l w VICINITY MAP � .F. - °� MIS2007-00 TOO 1 ill OFJNAF j P Q I FANNO CREEK I-I 0, \a Al AD USTMENTNE y J w ���� ... �5 0 00� 0 Z w ^ ,� si .. , ,..0 a JQQ w�� 0 tfl ' 0 �o MEM . RS FERR > / O " A EMI± � \VAA — FC�:� PD �� bit= • 9Q. _, ...,,, _ . „ co 5: ,pf ��� - �� �` ; 41111 9l MTAO � Qr '8.eONITA S �f�`` �` 'Fel. RD Du: a. RO O Ix � I ). 1 .4,,, ��,To Tigard Area Map �Q`y • G N �5 0� 0 00 JQQlG� �i RIR 0 100 200 300 400 500 Feet 0 G 1"=390 feet .,„_ .x Nri • / .___ 9�� Information on this map is for general location only and — should be verified with the Development Services Division. 13125 SW Hall Blvd Tigard,OR 97223 (503)639-4171 http:l/www.ci.tigard.or.us Plot date:Feb 12,2007;C:\magic\MAGIC03.APR Community Development I woCR)•Cx[ Kra I[ , 0 . 6 I /j�a j I I /i 1. I v, Pi C17•V..) 9 200? o / I n NN/NG�j-N,Nn Eq n x>z g ..,.—{ a I LI BITE INFORMATION ,x, art MOO= IWa.11015 ax OMIT KOOS 3000 b NOM morass MN :II. C � / AM.. COOS xwrxx[u 001711#11004 ILL nM•4at \V cwr,cn '''ate / 4 / 230 s o.0// / 1 ••• b^a�} 'ii: ) EXISTING LOTS m oa>.�I � u 4 Sa V 1350 aa K/ llDr)w f K LOT t»v OM AC a `1>61 r4=R t , � . / / PROPOSED LOTS _ • am / /y `"G )1Y 4` �� ,� dae c • +¢' b..k/c.\_sndao 1 4 / LP AC 0) )a,c PROPOSED LOTS AFTER ROW D EDICATION U _ T j s I aT _ a. nn,. S.232 V[ rM4) 133.110 0T I4aK/ i "Mill LLI ""Zir 1530 /4\, 1.711, + C. ary�n �t U to F IOW\\ ..S,‹ ,4 OENR Iza MAO= \ ,;'Q0�// / Q e. PISA{w71eK.LK ———— LPL ro ACCESS \\ \+\'a .,gf YS 9. I00•133133 LOT Ix ———— .4>su[xr \\ \rl" 4q. qsd� .SY: �4. o[a"'c,mnax°rc WI,i snm ara r[0111 WI — — —OK Cf \\\ % remw�,a �'':�} /J•''C, [tlx..w m DOOM i.c — oby '�r010un u0°Xpilw°°*` \\6. \\\\ ow K �� [AVM LOT WO _ •MOM ACC355 rronwa�`\ , • \\ \\ _a SITE INFORMATION II.tw 4m1[.um'�0ix: � \ i ae 71 3'irJ_l� R .uauwr o \\ !......... %\ \ / FIA b o In \ / o o � w gyp'= =— DATE a- 9 07 SCALE. 1"=100' °z 0 Z 100 50 0 100 w 1— a o m cn • • EXHIBIT6 Opus Northwest LLC MIS2007-00001 Attn: Brian Bennett FANNO CREEK PLACE 10350 Bren Road West LOT LINE ADJUSTMENT Minnetonka,MN 55343 WRG Design,Inc. Attn: Erin Engman 5415 SW Westgate Drive,Suite 100 Portland, OR 97221 FANNO CREEK COMMONS Tigard, Oregon A Land Use Application for: • Type I Lot Line Adjustment Submitted: January 18,2007 Applicant: Opus Northwest,LLC 10350 Bren Road West Minnetonka,Minnesota 55343 952/656-4444. Prepared by: WRG Design 5415 SW Westgate Drive, Suite 100 Portland,Oregon 97221 503/419-2500 OPU5681 e . I ' TABLE OF CONTENTS PROJECT TEAM 2 ' CHAPTER 18.410 LOT LINE ADJUSTMENTS 3 18.410.020 APPROVAL PROCESS 3 18.410.030 APPLICATION SUBMISSION REQUIREMENTS 3 18.410.040 APPROVAL CRITERIA 4 18.410.050 RECORDING LOT LINE ADJUSTMENTS 5 ' EXHIBITS A. Preliminary Lot Line Map and Site Plan B. Application C. Title Information&Tax Map D. Landscape Easement E. Drainage Easement ' F. Access Easement G. Fire Marshall Review H. Proposed Utility Easement Exhibit r I 1 I I I I I Opus Northwest LLC 1 WRG Design,Inc. City of Tigard January 2007 r • PROJECT TEAM Applicant Opus Northwest,LLC , 10350 Bren Road West Minnetonka, Minnesota 55343 Owner Opus Northwest,LLC 10350 Bren Road West Minnetonka,Minnesota 55343 1 Planning,Civil Engineering,Survey WRG Design,Inc. 5415 SW Westgate Dr, Suite 100 Portland,OR 97221. (503)419-2500(ph) (503)419-2600(fax) Contact: Erin Engman,Planner Kevin Russell,PE 1 r 1 1 I 1 I 1 . 1 i Opus Northwest LLC 2 WRG Design,Inc. City of Tigard January 2007 CHAPTER 18.410 LOT LINE ADJUSTMENTS 18.410.020 APPROVAL PROCESS A. Decision-making process. Lot line adjustments shall be reviewed by means of a Type I procedure, as governed by Chapter 18.390, using approval criteria contained in Section 18.410.040. Response: The proposed Lot line adjustment was submitted as a Type I application according to the provisions of Chapter 18.390. B. Time limit on approval. The lot line adjustment approval by the Director shall be effective for a period of 1-1/2 years from the date of approval. Response: The Applicant understands that lot line adjustment approval will be effective for a period of 1-1/2 years from the date of approval. C. Lapsing of approval.The lot line adjustment approval by the Director shall lapse if: 1 1. The lot line adjustment has been improperly recorded with Washington County without the satisfactory completion of all conditions attached to the approval; or 1 2. The final recording is a departure from the approved plan. Response: The Applicant understands that the situations described above will result in a lapsing of approval. 111 D. Extension. The Director shall, upon written request by the applicant and payment of the required fee, grant an extension of the approval period not to exceed one year provided ' . 1. that: No changes are made on the original plan as approved by the Director; 2. The applicant can show intent of recording the approved partition or lot line ' adjustment within the one year extension period; and 3. There have been no changes in the applicable Comprehensive Plan policies and ordinance provisions on which the approval was based. Response: The Applicant does not foresee that an extension of approval period will be necessary. 18.410.030 APPLICATION SUBMISSION REQUIREMENTS A. General submission requirements. All applications shall be made on forms provided by.the Director and shall include information required for a Type I application, as governed by Chapter 18390. Response: The Applicant has attached the required Type I application as Exhibit B with this submittal. B. Specific submission requirements. All applications shall include the preliminary lot line map and necessary data or narrative,detailed information for which shall be obtained from the Director. Response: In addition to this narrative,please find a preliminary lot line map and site plan attached as Exhibit A and title reports for the three parcels attached as Exhibit C. I I Opus Northwest LLC 3 WRG Design,Inc. City of Tigard January 2007 • • • ' 18.410.040 APPROVAL CRITERIA , A. 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: ' 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; I Response: The Applicant would like to adjust the lot lines of Parcel 2S113AB 00200, 00300, and 00500 as shown on Exhibit A. Parcels 2S112DC 01100, 01200, and 01300 and Parcels 2S113AB 00300 and 00400 were recently consolidated to one parcel (2S113AB 00300) with Washington County. No new parcels will be created. There is no minimum lot size requirement for the Industrial Park (I-P) Zone; therefore the proposed lots comply with this requirement. ' 2. 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; Response:, Parcel 2S113AB 00200 is the only lot proposed to be reduced in size, however there are no minimum lot size requirements for the I-P Zone and therefore complies with the district regulations. One existing building and two new office buildings were reviewed under SDR2006-10002. These three structures will comply with site development and zoning regulations as shown on the site plan contained in Exhibit 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; Response: The IP zone requires a 35 foot front yard setback. Building C has a 28 foot front yard setback however this building is existing and considered non-conforming. Proposed Buildings A and B will have adequate front yard setbacks as shown on the site plan. There are no minimum side or rear yard setback requirements in the IP zone for lots that do not abut a residential zone. 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 calculation; Response: There is no minimum lot size in the IP zone therefore all lot areas comply.No flag lots are proposed with this application. 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 Response: Parcels 1 and 3 front SW Upper Boones Ferry Road in excess of 15 feet and Parcels 1 and 3 front SW 74th Avenue in excess of 15 feet. Proposed access easements are located on the eastern edge of Lot 200 and the western edge of Lot 500 as shown on the Site Plan attached as Exhibit A. d. Setbacks shall be as required by the applicable zoning district. ' Response: Setback requirements have been addressed above in Section 18.410.040. 4. With regard to flag lots:. Response: No flag lots are proposed with this application,therefore this requirement does not apply. I Opus Northwest LLC 4 WRG Design,Inc. City of Tigard January 2007 5. The fire district may require the installation of a fire hydrant where the length of an accessway would have a detrimental effect on fire-fighting capabilities. ' Response:. The Applicant will comply with fire district requirements. 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 ' approved partition map. Response: There is a shared access way at the southern end of the site. The Applicant and the adjacent business (Elmo Studd's) recorded a reciprocal easement in October 2006 that ensures access and maintenance rights, please see Exhibit F. An access easement which will serve the three parcels will be included in the CC&Rs recorded for the property. Proposed access easements are located on the eastern edge of Lot 200 and the western ' edge of Lot 500 as shown on the Site Plan attached as Exhibit A. 7. Any accessway shall comply with the standards set forth in Chapter 18.705, Access, Egress,and Circulation. Response: Accessways will comply with Chapter 18.705. B. Exemptions from dedications. A lot line adjustment is not considered a development action for purposes of determining whether floodplain, greenway, or right-of-way dedication is required Response: The Applicant understands that a lot line adjustment is not considered a development ' action.Development proposals have been reviewed under SDR2006-10002. C. Variances to development standards. An application for a variance to the standards prescribed in this chapter shall be made in accordance with Chapter 18.370,Variances and Adjustments. Response: The Applicant is not requesting a variance. 18.410.050 RECORDING LOT LINE ADJUSTMENTS A. Recording requirements.Upon the Director's approval of the proposed lot line adjustment, ' the applicant shall record the lot line adjustment with Washington County and submit a copy of the recorded survey map to the City,to be incorporated into the record. Response: The Applicant understands that the lot line adjustment shall be recorded with Washington ' County with a copy of the recorded survey map submitted to the City of Tigard. B. Time limit. The applicant shall submit the copy of the recorded lot line adjustment survey map to the City within 15 days of recording and shall be completed prior to the issuance of any building permits on the re-configured lots. • Response: The Applicant will submit a copy of the recorded survey map to the City of Tigard within 15 days of recording and prior to any building permit request for the re-configured lots. i i 1 Opus Northwest LLC 5 WRG Design,Inc. City of Tigard January 2007 • • i CONCLUSION The Tigard code requires only that access easements for shared driveways be provided for a lot line , adjustment. However, the City has requested easements that address shared parking, access, water lines, and storm lines (including maintenance of storm lines). The draft CC&Rs to be submitted under separate cover includes the requested easements.. Consistent with the information provided by the City's Engineering Department, the water and storm line easements are not public easements and do not otherwise provide rights to the City of Tigard. i i 1 1 i 1 1 1 1 i i 1 1 1 Opus Northwest LLC 6 WRG Design,Inc. City of Tigard January 2007 EXHIBIT A - Preliminary Lot Line Map and Site Plan Q) • Z., 131 > 0 N p 0 r CN Z O O 34 l I. FANNO CREEK ACRE TRACTS 8k0P.I 58927'18'W ii Z ° / 7 34545' _ _ _ _ Z N q ,R !f1 . ^pqf gp■ g. PARCEL II FC//''�� `� - m '• D 0 g.' ESL. V ® 2007 w . 6 / I I `°C�Qjlj�! �v, �, O, 0 s 4 NG4k:A,, G, ,90 L 39 '..f�/I!E J PARCEL 2 99.77' TL 701 � � (� 121,274 5< aun. / 2.85 AC. SITE INFORMATION / °Il _ SITE ADDRESS 16045.16075 SW UPPER BOONES FERRY RD. Q ^c °N1\ ASLKhLAMOSCA� / APPLICANT: INDUSTRIAL OPUS NOR7NWE TS CONSTRUCnON,LLC. ce �� Z +, (� y j \B'YB, CONTACT: PHONES 503-916-8963 57255'45'E EXIS11T rAX _ A• 10.32' LOr 300 \�K 3j�J,5). I f7 238.446 SF BUILDING A 5.57 AC 24,460 SF 589'J4'S�5•W Q HOO�fi'S9':Y—�, 57'84 EXISTING LOTS TAX LOT 200 •ISIS* f7 / 35.00' \i S) N723.69 TAX LOT 300 278.769 SF 5.47 AC• \277'1 . TAX LOT 500 25.725 SF 0.59 AC IJ9•6. E —N47,21.37E /�.,M 31 ' 4.18 / PROPOSED LOTS ?Q \ / 4�/�,2 EKISTING TAX �,, RA I 29,779 Si 0.68 AC OD I ?i a l05 200 '\ • � / <\r 24,286 SPARCEL 2 124,332 SF 2.85 AC Z0,00 / �^ ,;;,,,..;,,,,,e.o 056 AC. 89'\ �'O?gJ Y PARCEL 3 134,291 SF 7.08 AC • s \,0. PROPOSED PROPOSED LOTS AFTER ROW DEDICATION U 10.00' 5?-?..3.5.4.5. ° )2 = ,155 //``' PERMANENT 7 I? 6�' O ,�/ EASEMENT PARCEL 2 12}�4 SF 2.85 AC f J 7 E PARCEL 1 EXISTWC ;��' 9' S).75.1 4. T`,jy 4D:' 0.65 28,340 SF BUILDING SF PARCEL 3 124.220 SF 2.85 AC 4. •L i0.3 N X400 / Q I- / 10.00• \ J N6423.17'E 15.88' /� w 9.82• /� / /9ROW/ / TO FROM LOT 3 (L JD'00SUNG /\ ''.?,,,f,,,,.4' .i- 0� , i_ w O // CI MTIUTY 9,50 �/.,,rB.\S�j yryryO / 0 '' I M O BUILDING 2 / �.CfJ IB�.T. \ l LOL ?4n'4ti , n Z �_CE CO\��C\\\\ 1 285 OAC SF / / 75.80'2 E ��.- L�L I .' O / PROPOSED\\ \ \\ DEDI noN '9� ~^ z O / PERMANENT \� �� ��� v/ EASEMENT TO \\ ,,/ \. / ,� le,..._ LEGEND v+ z ,7.00'PROPOSED \ \p a`S6i. •• \ / B $ — — \ \ PROJECT BOUNDARY LINE 1, PERMANENT ACCESS \\ \�. >s ryoC 1/. ?Cb, PROPOSED LOT UNE — — LL EASEMENT TO'B&R' �• �i O� 1 �? FUTURE 10.068 SF ROW EXISTING ROW UNE OQO \\\ \ \>&tb/ , •.y.. QT" W,0' rD y.31. �' DEDICATION TO FROM LOT 2 EXISTING STREET CENTER LINE P \\\ \\ EXISTING TM II>`s. / EXISTING EASMENT UNE �t 0T 500 s"N.e. / PROPOSED EASMENT UNE CO 40.00'EXISTING OTT f \\ 2S.T25 S F PROPOSED BURDWG LWE �Q� UIUTY EASEMENT \\ �-�J \\ 0.59 AC. �O EXISTING LOT UNE `C 15.00'PROPOSED \\ ` \\ N // //q. \ 1 PERMANENT ACOSED \\EASEMENT TO OPUS \\\ \\ /2.,/ 0 TL 700 �oo EXSTWC aTY \ \ \ / Row 'qt. SITE INFORMATION • \ UnUTY EASEMENT \\ \\ / n \ \ / `�� \ EASEMENT TO•OARS \\.\ \\ / \ • / \/ AlliPi i VP Cii N- o \ GI?Y I IGAi� '��^ I'ti� C►lbAi3Gt�D9 O o w cc x / B�, } � ,�DATE �_ 9-z�7 SCALE.. 1"=100' O z C � — . — I- O 100 50 0 100 w w w CC Q i- i CL 0 m cn 8 I z o 5 1. 34 FANNO CREEK ACRE TRACTS IS89-27.18-Y/ z i .11-- — 346.45' — N u'x1s• 0 3 II PARCEL II SEWER ) . W g L. I J 99.77'- 11 701 PARCEL 2 N,27a S 2.85 AC. ii .0 SITE INFORMATION Q SITE ADDRESS: 16045.16075 SW UPPER BOONES FERRY RD. Q 'n� o I\ imgNT � I ZONING: INDUSTRIAL PARK i APPLICANT: OPUS NORTHWEST CONSTRUCTION.LLC. Ce \ �) CONTACT: XI SHEPPARD co \�Qy*p PHONE: 503-916-8963 57255'45-E EXISTING TAX 10.32' LOT 300 \ •t' . HS'3SSJ. I 238,446 BUILDING 6 i. 589'34'5 W W a NO026'S9'w— , 57.94 EXISTING LOTS TAX LOT 200,5,2 C7 / 35 CO' \I N123RD E TAX LOT 300 238,389 SF 5.47 AC t• 23.89' I S)?'JS•4s- TAX LOT 500 25.725 SF 0.59 AC --17- ,y0i) 1'S9.ge•�/ \ N47`822-E PROPOSED LOTS 2000 ti l / 1 xAh\ a•b�s EXISTING T 0AX/C) ' / PARCEL 1 29,779 SF 0.68 AC - $ / < 24.296 SF \4 g/3 E PARCEL 2 124.732 SF 2.85 AC 20.00 �� /.e= 1 h^ `';;eo 0.56 AC, 9 \ �p?�J. PARCEL 3 134.291 SF 3.08 AC ILI �/ �s f \�. PROPOSED PROPOSED LOTS AFTER ROW DEDICATION U S??.-.55.4.8. y S>2 taw i i 'B PERMANENT / ;.� �..-4 q )i, ACCESS PARCEL, 28.340 SF 0.65 AC / T2/.� E �e /pg.6g3�" 5723 40� 28.340LSF\ BUILDINGGC ,'\f \EASEMENT PARCEL 2 124,274 SF 2.85 AC /+ 2'V /3543 f W„1y 0.85 AC. 5.230 SF PARCEL 3 124,220 SF 2.85 AC 10.00, 0 TROD \ / J Cl... w N6423'17-E 15.88' O_ 7 9.82' / FUTURE 1.439 SF ROW •/ 1 \'%..,,,, / DEDICATION TO FROM LOT 3 CE 30'EXISTING 2• / W O I CITY UT nig o J' O M / EASEMENT 9� qt.'es .iL.?:a\ ÷'/' / 0 W L.L g BUILDING B sP .4. \ O 18.243 SF xA PARCEL 3 / / 543'31'02'E 4J� 124,220 SF 285 AC , / 5.00'\\ \ <.. 2z.00' •w 9 Z PROPOSED \\ \\ DEDI naNy / PERMANENT EASEMENT TO \\ / Gt<` LEGEND Q OPUS •17.00'PROPOSED \ .y t`` / B� \ PROJECT BOUNDARY UNE — PERMANENT ACCESS \\ \.� S,LpG- • A,�� '$ — — EASEMENT TO-8&R j ,, PROPOSED LOT LINE \ \ �p� '� ,;`y NNRE l0,Ofi8 SF ROW EASONG ROW UNE \ \. �' 1N �' DEDICATION TO FROM LOT 2 C? \\ \ ;y, •e9 aX/p'� ?,A y�7' EXISTING STREET CENTER LINE 9 1;S). Q' i dB O / EXISTING EASMENT UNE — — y' EXISTING\ LOT500 ',e.'S' / PROPOSED EASMENT LINE — — 40.00'EXISTING CITY_%� y�'J \\ 25.725 AC / EXISTING GDOT BUILDING LINE UTILITY EASEMENT \\ Oj. \\ _I X- PROPOSED \\ \•\ ,•\/ //ii..,R- 15.00' ` 1 PERMANENT ACCESS \ /EASEMENT TO OPUS \ \ /\\ \\ 0 n 700 40.00'EXISTING CM \ \ / 2200 ROW /Q(69- SITE INFORMATION unuTY EASEMENT \\ \\ / DED1Wn JQ \ / \ // 5� \ EASEMENT TO'BURS \...'\ \7 .)A:::::;iiiiiiii;::::::. \ 0 \ 0 o -2W \ / SCALE: l''=100' 0 Illi I— O Z 100 50 0 100 0 W W CC Q > 2 0_ 0 03 cn I • • I / i I N89'30144"E 348.37' I PROPOSED PROPERTY LINE ADJUSTMENT PI 460 In LOCATED IN THE NE 1/4 OF Iz O SECTION 13, AND THE SE/ / 1/4 OF SECTION 12, 1"=100' I ei K T.2S., R.1 W., W.M., I '- TIGARD, WASHINGTON Nr N COUNTY, OREGON. IO� v 44.1 JANUARY 11, 2007 PI• PARCEL // o t• N72'55'45"W 124,274 SF O /N895;3.4955"E N 10.32' 2.853 ACRES I J�% i� PARCEL 2/1 gi. v 4v 28,340 SF S h ^ 0.651 ACRES, 2275 6� o ^? ,^ , 139 685'E ,`' �6'. ^ ' S64 23 17"W 7t �, _ ^ S17'04 15' W 9.62' O� N �� N / 36.64' O » ^ ^ N47 23 22 E ,ON 3 /O Q� /V SS' N?2 as 4.17' .. 'o�0� lij � %' �. 124° 24 545'14/ 1 pg 45'1,1, 1 e25'q.0 W N4 13.82' W �- •afl�� I V ■ �� S' 74.00 R�e N43 28'12"W ,. ��, 24.76' 7:1-b. �/ �� I :, V N72'.1 45 W szc, .. ,/ 43.10' os,��- p GO PI I • PARCEL s48 04'29"w P,\o� / v,� 42.92' �G / • 124,220 SF OF'0 \N I Q .•� `.90 2.852 ACRES ��. �P� 9• O O ��`p �y �� (j�� �9P 20.7,1::;% Ok 4) , c. ♦♦• ti0 ti0 ��• Poo` �p� P '9 �� / �O• PREPARED FOR: I \j�tQ��'�' Tod, 549'19'55"W, 9, 0 Q�G�. OPUS NW, L.L.C. .J , � al ` 1500 SW FIRST AVENUE, #1100 XI> �4 PORTLAND, OR 97201 ''9 PREPARED BY:s y S49 9'55" ti�0 KCD LLC W ,./9-9/ 2407 NE 292ND AVENUE I20.06' CAMAS, WA 98607 I 1 • I 2407 NE 292nd Avenue L Camas, WA 98607 360.834.2519 ' fax.834.5498 DEVELOPMENT chalcumb( verizon.net -A CERTIFIED WBE IPROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 1 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 1/4 of Section 12, and in the Northeast I/a of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: ' Beginning at the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P &S Railroad Right of Way; thence along the North line of said Lot 35 and the Westerly Extension thereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said Lot 35; thence along the East line of said Lot 35, S00°27'53"E, 217.58 feet to the Northwest Corner of that Tract of Land described in deed, recorded in Document Number 91063372; thence along the North line of said Tract of Land, N89°34'55"E, 57.94 feet to the Northeast Corner thereof; thence along the Northeasterly line of said Tract of Land, S42°36'45"E, 67.92 feet; thence leaving said line, S47°23'22"W, 4.17 feet; thence ' N72°55'45"W, 139.68 feet; thence S17°07'15"W, 102.71 feet; thence S71°25'40"W, 74.00 feet; thence N72°55'45"W, 43.10 feet; thence S64°23'17"W, 9.62 feet; thence N72°55'45"W, 109.69 feet; thence S17°04'15"W, 36.64 feet; thence N72°55'45"W, 124.50 feet; thence N17°04'15"E, 111.56 feet; thence ' N72°55'45"W, 10.32 feet to the Easterly Right of Way line of the S P & S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 7°54'02" ' (Chord bears N12°47'31"E, 200.84 feet) a distance of 201.00 feet to the point of beginning. Containing 124,274 Square Feet (2.853 Acres). ' The Bearings are based on Washington County Survey Number 103314. Page 1 of 1 • 2407 NE 292nd Avenue Camas, WA 98607 360.834.2519 I fax.834.5498 DEVELOPMENT chalcumb(d verizon.net A CERTIFIED WBE IPROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 2 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast Us of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City ' of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: ' Beginning at a point on the Northeasterly line of that Tract of Land described in deed, recorded in Document Number 91063372, Washington County Deed Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, N89°34'55"E, ' 57.94 feet and 542°36'45"E, 67.92 feet from the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly extension of the North line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of Way line of the S P & S Railroad Right of Way; thence along the Northeasterly line of said Tract of Land described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.02 feet; thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry ' Road, S48°41'42"W, 65.58 feet; thence leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'58"W, 52.20 feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°27'21"W, 142.05 feet; thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet; thence N47°23'22"E, 4.17 feet to the point of beginning. Containing 28,340 Square Feet (0.651 Acres). ' The Bearings are based on Washington County Survey Number 103314. I Page 1 of 1 1 • " 2407 NE 292nd Avenue ti Camas, WA 98607 360.834.2519 ' fax.834.5498 DEVELOPMENT chalcumbaverizon.net A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. Parcel 3 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document Numbers 99049066 and 2006-39844, Washington County Deed Records, situated in the Southeast 1/4 of Section 12, and in the Northeast V4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: ' Beginning at a point on the Easterly Right of Way line of the S P &S Railroad Right of Way which bears S12°47'31"W, 200.84 feet from. the 5/8" Iron Rod with a yellow plastic cap inscribed "KC Development" marking the intersection of the Westerly ' extension of the North line of Lot 35, Fanno Creek Acre Tracts, with said Easterly Railroad Right of Way line; thence leaving said Right of Way line, S72°55'45"E, 10.32 feet; thence S17°04'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; thence N17°04'15"E, 36.64 feet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, ' 9.62 feet; thence S72°55'45"E, 43.10 feet; thence N71°25'40"E, 74.00 feet; thence S43°27'21"E, 142.05 feet; thence N48°00'29"E, 42.92 feet; thence S43°28'12"E, 24.76 feet; thene N46°28'58"E, 52.20 feet; thence S43°31'02"E, 13.82 feet; thence along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"W, 438.99 feet; thence continuing along said parallel line, S49°19'55"W, 21.58 feet to the Centerline of Vacated S.W. Fanno Creek Place; thence along said line, N44°57'03"W, 381.99 feet to the. Easterly Right of Way line of the S P & S Railroad Right of Way at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest, through a Central angle of 9°39'32" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the point of beginning. Containing 124,220 Square Feet (2.852 Acres). The Bearings are based on Washington County Survey Number 103314. I I Page 1 of 1 ' N FANNO CREEK4ACRE TRACTS I Z 1 1 • I - _ LL g J48.4S'� z TO 0/ r_ 8 mg. PAR=m i GOp ` S. 3•415' N 0Q / SEVER CO 3 ; EAR ; Y ill / / I w I A � O x J 1. LOT 1 99.77 39 t la 2-r>2.85 A s� nwl SITE INFORMATION II . ^ OO ^o MSTALL lI4ID5CAPE SITE ADDRESS 16045.16075 SW UPPER BOONES FERRY RD. �'\ 7ASEYpT / ZONING: INDUSTRIAL PARK ^ �' : = 4,, APPLICANT: OPUS NORTHWEST CONSTRUCRON•LLC. (/j ` ...1 �Yy CONTACT: UIM SHEPPARD 965-115•E EXISTING TAX \�JyTy, PHONE 50]-916-898J LOT 300 yJTJr / 10.32' 238.446 Sr BUILDING A X934• IF4, 45 `TJR 47 / 5.s7 AC. 24,460 SF N00'28'S9'w 57.94 EXISTING LOTS 7J77t C)) / 35.00' N16 UWE TA%LOi 200 24.288 St• 0.58 AC I 23.69' TAX LOT 300 238.389 SF 5.47 AC �j57 '< TAX LOT 500 25.725 SF 0.59 AC J9 % ` N47 2 827E / a,, ,;$•' / PROPOSED LOTS `O,� I ?1��r�' EXISC�nT�Ax S LOTr a 124,332 SF 2.85 AC YQ �, 24,266 SF \43� ' IOT.Y 134.291 SF 3.08 AC fi� p^ `�• Ta{C / `~1 c.58 AC. ?89'\ `'02 LOT 29.779 5F 0.68 AC 50 / y h ate. o? C' ?' \�� PROPOSED PROPOSED LOTS AFTER ROW DEDICATION w J. S7? i' �j $. PERMANENT / �ssy3. �5 j3• S i/ \�.� AccESS U I 724��f !3� Ipy Bg f t LOT 3 E10STWC OSif LOT.✓' 124,J32 SF 2.83 AC / 2� S)2�'S� X15 Apf S. BUILDING 5.230�C EASEMENT LOT�f 121.223 2.85 AC 7 ` 310 M r 28.3f0 SF 0.65 AC L I 10.00. TA• 9 \ / ' / N6423'17'6 j 15.88' _1 Q_ 8.62' ^ / FUTURE 1.439 SF ROW - `a W ��� ,� / DEDICATION TO FROM LOT 3 /��D l•���,�7 Y cc / EASEMENT 4' •(1�7,%�:,yo'` , 9 0 SF •/ , 13 BUILDING B ?cp,` -i,,,e ` ,cc \ \\\\ la4 W--��:9►25F / // 35.80'2'E 'f�?2 L.L v j J3.08 AC. / PROPOS D\\\\ •\ \\\ �r /\2 . . 9N O Ct- DWI ON PERMANENT O / EASEMENT \\ ��/, \� / 2G� Ay OPUS \ \ LEGEND — — 17.00•PROPOSED 4 •'$�, 5� / / O� \ PROJECT BOUNDARY UNE EASEMEµNT�TO'SW \\\ \\"J�• ��f, �• PROPOSED LOT UNE LL- �pJ `� Ar>> r NNRE 10,068 SF ROW E705TING ROW UNE SAP \ \ \\4,417/ yob y1 �• DEDICATION 70 FROM LOT 2 COSTING STREET CENTER LINE \\\ \ EXISTING TAX ?'X41 (I / E7aSTwc EASIEST UNE — — `iaC`C- LOT 500 s.q. a✓[g` / PROPOSED EASMENT UNE I� SO 40.00•COSTING aTY �• \\ 25,725 Sr `' Q / / �p PROPOSED BUILDING UNE - -- UnUIY EASEMENT \\11--}. \ 0.59 AC. V / //:///c1/9 E765TDIG LOT UNE 15.00'PROPOSED >,' \\ 5/ 1 PERMANENT ACCESS \\EASEMENT TO OPUS \\ \ `./ \\ \\ / 20 TL 700 �00'ERSTIN0 aTY ` \ / 22.00'ROW nQ� • UTILITY EASEMENT \�\\ / OEwcAn J` \ / 5� PERMANENT ACCESS \\ \ / EASEMENT TO•BtrR' \\ /\ ./ .■41&i■ i \\</// . \ � r.... CO CD n 142 (13 I \ / CL cc O o w \ / SCALE: 1"----100" 0 z 1/4.1 z 100 50 0 100 w I- CC a S-: i CL o CO CO • • 11111 q LOT LINE ADJUSTMENT TYPE I APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd,Tigard,OR 97223 TIGARD Phone 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION PARCEL 1 Property Address/location(s): 16045 SW Upper Boones Ferry Road Tax Map&Tax Lot#(s): 2S113AB 00200 FOR STAFF USE ONLY Site Size: 24,286 SF/.56 Acres CaseNo.(s): 15 — 0 i Other Case No.(s): 5 D4 — / 0.002_ Property Owner/Deed Holder(s)*:(Attach list if mom than one) z i Address: 10350 Bren Road West Receipt No.: �—c� 7 —a z� y'`, City/State;Minnetonka,Minnesota Zip: 55343 Application Accepted B), /(1,19 Primary Contact: Brian Bennett,OPUS Northwest Date: /g/01, Phone:Phone:503-916-8963 Fax: Date Determined Complete: £'—fo V 7 PARCEL 2 Property Address/Location(s): 16075 SW Upper Boones Ferry Road Rev.7/5/06 Tax Map&Tax Lot#(s): 2S113AB 00300 Site Size: 238,389 SF/5.47 Acres Property Owner/Deed Holder(s)*:(Attach list if mom than one) REQUIRED SUBMITTAL ELEMENTS Address: 10350 Bren Road West (Note: applications will not be accepted Qty/State:Minnetonka,Minnesota Zip: 55343 without the required submittal elements) Primary Contact:Brian Bennett,OPUS Northwest 503-916-8963 ® Application Form Phone: Fax: ® Owner's Signature/Written Authorization Applicant* gen • ® Title Transfer Instrument or Deed Address: 5415 SW Westgate Drive,Suite 100 ® Preliminary Map(2 copies) City/State:Portland,Oregon Zip: 97221 ® Site/Plot Plan(2 copies) Primary Contact: Erin Engman,WRG Design Inc. ® Site/Plot Plan(reduced 8 1/2"x 11") Phone:503-419-2500 Fax:503-419-2600 ® Applicant's Statement(2 copies) *When.the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization ® Filing Fee$468.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY • The owners of record of the subject property request Lot Line Adjustment permission to adjust: 3 parcels of.56,5.47, and .59 Acres (number) (acreage or square footage) Into 3 parcels of 2.85,.65,2.85 Acres and .27 ROW dedication (number) (acreage or square footage) • • IN LOT LINE ADJUSTMENT TYPE I APPLICATION City of Tigard Permit Center 13125 SW Hall Blvd,Tigard,OR 97223 TIG .RD Phone 503.639.4171 Fax: 503.598.1960 GENERAL INFORMATION PARCEL 3 Property Address/location(s): North of SW 74th Avenue,SW Durham Road,and SW Upper Boones Ferry Road intersection Tax Map&Tax Lot#(s): 2S113AB 00500 FOR STAFF USE ONLY Site Size: 25,725 SF/.59 Acres Case No.(s): /IA - 0 ooc ( Other Case No.(s): 5 rJ/t-- /vvoZ Property Owner/Deed Holder(s)*: (Attach list if mom than one) Address: 10350 Bren Road West Receipt No.: City/State;Minnetonka,Minnesota Zip: 55343 Application Accept/9d B) f ' Primary Contact:Brian Bennett,OPUS Northwest Date: hi fl/67 Phone:503-916-8963 Fax: Date Determined Complete: PARCEL 2 Property Address/Location(s): Rev.7/5/06 Tax Map&Tax Lot#(s): Site Size: Property Owner/Deed Holder(s)*: (Attach list if mom than one) REQUIRED SUBMITTAL ELEMENTS Address: (Note: applications will not be accepted Qty/State: Zip: without the required submittal elements) Primary Contact: ® Application Form Phone: Fax: ® Owner's Signature/Written Authorization Applicant*/Agent: ® Title Transfer Instrument or Deed Address: 5415 SW Westgate Drive, Suite 100 ® Preliminary Map(2 copies) City/State:Portland,Oregon Zip: 97221 ® Site/Plot Plan(2 copies) Primary Contact: Erin Engman,WRG Design Inc. ® Site/Plot Plan(reduced 8 1/2"x 11") Phone:503-419-2500 Fax:503-419-2600 ® Applicant's Statement(2 copies) *When.the owner and the applicant are different people,the applicant must be (Address Criteria in TDC 18.410.040) the purchaser of record or a lessee in possession with written authorization ® Filing Fee$468.00 from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. PROPOSAL SUMMARY The owners of record of the subject property request Lot Line Adjustment permission to adjust: parcels of and (number) (acreage or square footage) Into parcels of and (number) (acreage or square footage) • • List any VARIANCE,CONDITIONAL USE,SENSITIVE 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 ELEMENT as 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 APPLICANT(S)SHALL CERTIFY THAT: The above rearrest does not violate any deed restrictions that may be attached to or imposed upon the subject property. 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 me;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. SIGNATURES of each owner of the subject property. DATED this day-of ,20 Applicant/Authorized Agent's Signature 1 .ig'ure Owner's Signature Owner's Signatu e ErCITY OF TIGARD 1/22/2007 13125 SW Hall Blvd. 10:29:11AM Tigard,OR 97223 503.639.4171 TIGARD t Receipt #: 27200700000000000245 Date: 01/22/2007 Line Items: Case No Tran Code Description Revenue Account No Amount Paid MIS2007-00001 [LANDUS] Lot Line Adjustment 100-0000-438000 407.00 MIS2007-00001 [LRPF]LR Planning Surcharge 100-0000-438050 61.00 Line Item Total: $468.00' Payments: • Method Payer User ID Acct./Check No. Approval No. How Received Amount Paid Check OPUS NORTHWEST LLC KJP 240729 In Person 468.00 Payment Total: $468.00 • cReceipt.rpt Page 1 of 1 I Cheryl Caines- Fanno Creek Place Parcel Areas Page 1 • • From: "Cindy Halcumb" <chalcumb @verizon.net> To: "Cheryl Caines" <CHERYLC @tigard-or.gov> Date: 2/1/2007 10:45:33 AM Subject: Fanno Creek Place Parcel Areas Cheryl: The Areas that are shown on the Proposed Property Line Adjustment Sketch are correct, and are as follows: Parcel 1 : 124,274 SF (2.853 Acres) Parcel 2 : 28,340 SF (0.651 Acres) Parcel 3 : 124,220 SF (2.852 Acres) (If these are shown differently in the application, we apologize for the confusion!) Also, I have sent you two emails w/attachments concerning the tax lot issue. Can you confirm that you have received? The email address I have for you is CHERYLC @ tigard-or.gov. Thanks! Cindy A Halcumb, PLS KCD LLC 2407 NE 292nd Avenue Camas, WA 98607 P.360.834.2519 F.360.834.5498 M.360.903.4751 CC: "Jim Sheppard" <Jim.Sheppard @opusnw.com> opus a • • RECE.T.' OPUS NORTHWEST CONSTRUCTION, L.L.C. OR CCB#171001 JAN 2 2 ;',';,1 1500 SW First Ave, Suite#1100 . Portland, OR 97201 CITY°, , r. Phone(503)916-8963 Fax: (503)916-8964 PLANNINGlr":s,!:.;INFE IN3' TRANSMITTAL Date: January 22, 2007 To: City of Tigard Fanno Creek 13125 SW Hall Blvd. Tigard, OR Tigard, OR 97223 Attention: Cheryl Caines • We are sending: [X] Attached [ ] Under Separate Cover [X] Hand Delivered [ ] Sent (Courier, Fed X, UPS,U.S. Mail) The Following: [ ] Copy of Letter [ ] Prints [ ] Plans [ ] Samples [ ] Specifications [ ] Shop Drawings [ ] Change Order [ ] Sepias [X] CC&R's QUANTITY DATE DESCRIPTION 3 Fanno Creek— Draft Copy of the CC&R's These are transmitted: _ For Approval _ Approved _ For Your Information X_ For Your Use Approved As Noted _ For Bids Due X As Requested _ Not Approved _ For Review and Comment Notes: cc: File — OPUS NORTHWEST, L.L.C. Sheppare • . i Y R • tf< • W GRCN-MR ^ D E S I G N I N C. IL` x. � j y� JA N fl 2001 TRANSMITTAL PLANNiNdx- r_ ,�iNEERiN,r To: Cheryl Caines Date: January. 18, 2007 Tigard, City.of Project: Fanno Creek Place-LLA 13125.SW Hall Blvd Tigard,.OR 97223... . WRG#: OPU5681 From: Erin Engman. Case/File#: DD3. ON NCO sees- • DEVELOPMENT SERVICES Transmitting:. Via: For Your: 0 Attached 0 Mail © Review.&Comment ost1H• 0 Separate Cover © Messenger O As Requested 0 Number of Pages Including Cover 0 Fed-Ex O Information/File LAND /► PLANNING Copies Description 2 Lot Line Adjustment Application package )23& ' , 2 8 x 11 plot plan CIVIL 1 Check ENGINEERING 1 Original signed application form • LANDSCAPE ( ARCHITECTURE COMMENTS: Cheryl, Please find attached the above listed items. Please call Erin Engman with any tit) questions at 503-419-2500. LAND SURVEY { €Ei ( ( Signed: (bur. .bl 5415 SW Westgate Dr. Suite 100 Portland,OR 97221 PH 503/419-2500 FX 503/419-2600 \\PDX-FS1\Data 1data\OPU5542\Comm\Trans\5542-trans-Cheryl Caines-LLA submittal-2007-01-18.doc www.wrgd.com EXHIBIT C - Title Information & Tax Map Z 0 0 in-ii • I S T AMER, I. I ��. ;;-x_;,94" First American Title.Insurance Company of Oregon IWashington(OR) Prepared For: Prepared By:Lyndsey Doran Customer Service Department I 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fax:(503)790-7872 I OWNERSHIP INFORMATION Owner :Opus Northwest Llc Ref Parcel Number :2S 113AB 00200 CoOwner 7:02S R:01W S: 13 Q:253 I Site Address : 16045 SW Upper Boones Ferry Rd Tigard 97224 Parcel Number :80513180 Mail Address : 10350 Bren Rd W Minnetonka Mn 55343 Map Number Telephone : Owner: Tenant: County :Washington(OR) ISALES AND LOAN INFORMATION Transferred : 10/30/2006 Loan Amount . Document# : 128779 Multi-parcel Lender . • I Sale Price : $4,534,215 Loan Type . Deed Type :Warranty Interest Rate . %Owned : 100 Vesting Type :Corporation I PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION I Map Page&Grid :685 01 MktLand :$195,120 Census : Tract:308.04 Block:3 MktStructure :$427,860 Subdivision/Plat :Fanno Creek Mkt Other . Neighborhood Cd :YI5 MktTotal :$622,980 I Land Use :2312 Misc,Non-mfg,Improvement,Ind Zone M50 Assd Total :$306,550 Legal :FANNO CREEK ACRE TRACTS,LOT PTS 38 %Improved :69 :&39,ACRES.56,SEE USA LIEN 05-06 Taxes :$5,123.57 :DOCKET Exempt Amount Exempt Type Levy Code :02374 Millage Rate : 16.3448 1 PROPERTY CHARACTERISTICS • I Bedrooms Lot Acres : .56 Year Built . Bathrooms Lot SqFt :24,393 EffYearBlt • Heat Method Bsm Fin SqFt Floor Cover . I Pool Bsm Unfin SqFt : Foundation Appliances Bsm Low SqFt Roof Shape Dishwasher Bldg SqFt Roof Matl Hood Fan 1st Flr SqFt InteriorMat . • I Deck :: Upper Fir SqFt : Paving Matl : Garage Type Porch SqFt Type Garage SF Attic SqFt Ext Finish • I Deck SqFt . This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I .t AME R • S I0 ,, ; ;„v. "4. First American Title Insurance Company of Oregon Washington(OR) ' Prepared For: Prepared By: Lyndsey Doran Customer Service Department 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 I Phone:(503)222-3651 Fax:(503)790-7872 OWNERSHIP INFORMATION I Owner :Opus Northwest Llc Ref Parcel Number :2S 113AB 00300 CoOwner T:02S R:01W S: 13 Q:253 Site Address : 16075 SW Upper Boones Ferry Rd Tigard 97224 Parcel Number :R0513144 I Mail Address : 10350 Bren Rd W Minnetonka Mn 55343 Map Number . Telephone : Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION Transferred : 10/30/2006 Loan Amount . Document# : 128779 Multi-parcel Lender I Sale Price : $4,534,215 Loan Type Deed Type :Warranty Interest Rate . %Owned : 100 Vesting Type :Corporation I PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid :685 G1 MktLand :$847,220 Il Census : Tract:308.04 Block: 3 MktStructure :$571,710 Subdivision/Plat :Fanno Creek MktOther . Neighborhood Cd :Y15 MktTotal :$1,418,930 Land Use :2312 Misc,Non-mfg,Improvement,Ind Zone M50 Assd Total :$1,070,390 I Legal :FANNO CREEK ACRE TRACTS,LOT 36, %Improved :40 :PTS 37-38,PLUS PT VACATED RD, 05-06 Taxes :$17,690.14 :ACRES 2.86,SEE CWS LIEN DOCKET Exempt Amount : I Exempt Type Levy Code : 02374 Millage Rate : 16.3448 PROPERTY CHARACTERISTICS Bedrooms Lot Acres :2.86 Year Built I Bathrooms Lot SqFt : 124,581 EffYearBlt • Heat Method Bsm Fin SqFt Floor Cover . Pool Bsm Unfin SqFt Foundation II Appliances Bsm Low SqFt Roof Shape Dishwasher Bldg SqFt Roof Matl Hood Fan 1st Fir SqFt InteriorMat Il Deck Upper FIr SqFt : Paving Matl . Garage Type Porch SqFt Const Type . • Garage SF Attic SqFt Eat Finish Deck SqFt I This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance I Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I ' .t AMER • I-S IC 4 - "+ First American Title Insurance Company of Oregon IWashington(OR) Prepared For: Prepared By:Lyndsey Doran Customer Service Department I 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fax:(503)790-7872 I OWNERSHIP INFORMATION Owner :Opus Northwest LIc Ref Parcel Number :2S 113AB 00500 CoOwner T:02S R:01W S: 13 Q:253 Site Address : *no Site Address* Parcel Number :R0513153 Mail Address : 10350 Bren Rd W Minnetonka Mn 55343 Map Number Telephone : Owner: Tenant: County :Washington(OR) 111 SALES AND LOAN INFORMATION Transferred : 10/30/2006 Loan Amount . I Document# : 128779 Multi-parcel Lender . • Sale Price :$4,534,215 Loan Type Deed Type :Warranty Interest Rate . %Owned : 100 Vesting Type :Corporation I PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION IMap Page&Grid MktLand : $174,760 Census : Tract: Block: MktStructure . Subdivision/Plat :Fanno Creek MktOther . Neighborhood Cd :YI5 Mkt Total : $174,760 I Land Use :3002 Vacant,Industrial M50 Assd Total :$123,490 Legal :FANNO CREEK ACRE TRACTS,LOT PT 37, %Improved :PLUS PT VACATED ROAD,ACRES .59,MS 05-06 Taxes :$2,018.41 :X#99279 Exempt Amount : Exempt Type Levy Code :02374 Millage Rate : 16.3448 IPROPERTY CHARACTERISTICS I • Bedrooms Lot Acres :.59 Year Built . Bathrooms Lot SqFt :25,700 EffYearBlt . • Heat Method Bsm Fin SqFt Floor Cover . I Pool Bsm Unfn SqFt : Foundation Appliances Bsm Low SqFt Roof Shape • Dishwasher Bldg SqFt Roof Matl Hood Fan 1st Flr SqFt InteriorMat . II Deck :Upper Fir SqFt : Paving Matl : Garage Type Porch SqFt Const Type Garage SF Attic SqFt Ext Finish • IDeck SqFt . • I This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. Est AMEBIC • I • • 4s. ' ,:.;.-��' ."4' First American Title Insurance Company of Oregon i Washington(OR) I Prepared For: Prepared By:Lyndsey Doran Customer Service Department 1700 SW Fourth Avenue - Portland,Oregon 97201-5512 Phone:(503)222-3651 Fax:(503)790-7872 OWNERSHIP INFORMATION I Owner :Wathey James E Ref Parcel Number :2S 113AB 00500 CoOwner :Ackerman Richard D T:02S R:01W S: 13 Q:253 Site Address : 16075 SW Upper Boones Ferry Rd Tigard 97224 Parcel Number :M0947505 I Mail Address :PO Box 260888 Plano Tx 75026 Map Number . Telephone : Owner: Tenant: County :Washington(OR) SALES AND LOAN INFORMATION I Transferred Loan Amount . Document# Lender Sale Price Loan Type .• Deed Type Interest Rate %Owned Vesting Type I PROPERTY DESCRIPTION ASSESSMENT AND TAX INFORMATION Map Page&Grid :685 G1 MktLand I Census : Tract:308.04 Block: 3 MktStructure :$1,150 Subdivision/Plat MktOther . Neighborhood Cd : 8002 MktTotal :$1,150 Land Use : 1092 Res,Mobile Homes M50 Assd Total :$1,150 Legal :MFD STRUCT SERIAL# 111860S502783, %Improved : 100 :X#99279 ON REAL ACCT 05-06 Taxes :$17.16 :2S113AB-00500,REAL MS Exempt Amount : Exempt Type I Levy Code :02374 Millage Rate : 16.3448 PROPERTY CHARACTERISTICS i Bedrooms : 1 Lot Acres Year Built : 1960 Bathrooms : 1.00 Lot SqFt EffYearBlt : 1960 Heat Method :Forced Bsm Fin SqFt Floor Cover :Carpet Pool Bsm Unfin SqFt : Foundation :Post Pier Appliances Bsm Low SqFt Roof Shape . Dishwasher Bldg SqFt :480 Roof Matl :Steel Fabr Hood Fan 1st Flr SqFt :480 InteriorMat :Paneling Deck Upper Fir SqFt Paving Matl I Garage Type Porch SqFt Const Type :Wdstud\no Shtg Garage SF Attic SqFt Eat Finish :229 Deck SqFt I This title information has been furnished,without charge,in conformance with the guidelines approved by the State of Oregon Insurance I Commissioner. The Insurance Division cautions intermediaries that this service is designed to benefit the ultimate insureds. Indiscriminate use only benefiting intermediaries will not be permitted. Said services may be discontinued. No liability is assumed for any errors in this report. I I • • 1 s. AMRRA. �,* ° First American Title Insurance Company of Oregon An assumed business name of TITLE INSURANCE COMPANY OF OREGON IThis map is provided as a convenience in locating property First American Title Insurance Company assumes no liability for any variations as may be disclosed by an actual survey I Reference Parcel Number 2S 113AB 00500 Y , .:. 2sa : . `' � <� `, � aaa ?n. o yip''. ` _1n . < k ea BD? :r. • i A Jul N. ' � t��e - � � ' 200 . ; .. / 6e AC ,41. 'I 7::.4:.4.b4.:,.:::,.-.'...:;:,4.-.0,....•...-. .'•.1;,'.1•:...z........'.'.:• -.[.--.....-' ••.!..,,,,;:••., 238 \ 38 / 88 AC �� C 1 IY •I ' `° 0iz.ae6i -.. .. r j �r F � Ie , ... 400 \ \\`xY 500 r �1 Na. I 18 AC .-_,..N...,-.:.1..,...,--:-...:-..,::-._-_-_,,..:.,-•:----.•_.4- 7/..:__:_-„_.-:-•..- ...:.•-..-.-:-:.: --..:::•_ -:_. ...----,\- , 10 rj4p �3- ,._ . 700:...: / \ .: . r I w.` ii 3.30 AC/ \ . L ,,6 =� I / .�,,l. I 226' .'C I I 1 - 74_ :.. - i 6.88 AC Z • -cs I • 1 . • 1 X51 AMER�e • I 4s ,^ ,., First American Title Insurance Company of Oregon • \ An assumed business name of TITLE INSURANCE COMPANY OF OREGON . ,)1.,-..;:•; This map is provided as a convenience in locating property I First American Title Insurance Company assumes no liability for any variations as may be disclosed by an actual survey Reference Parcel Number 2S 113AB 00500 I 2S 1 13AB 2S 1 13AB n p r J,ls' •;,:.,.-f".... . •.:.:• .. - ! :,:',..;,,,X,,,...,..: WASHINGTON COUNTY OREGON :•.�. xn:: • , ,> .::.', .. - : k2. / W. /4\* r'.r' :/,'•i `hW11/t!1!{tECTtON 17 Til111W W.M: P .:.x• :;!, : 7'.- - � \„.. _ - ,�\.'`•'r itl.} :.r�o�J 106��.f�tr:�.I eFJi f . • .-!":.4::::;.'.:. . -:...:::- -. '•-••• ' ', . . .. . . ',". :::.;.:',": :\ ,,No. A ' 11 .8 „- . •• • \ ...,p1".• ,I... .... 4:::.',<::::::::-.....n.F- EIK:;::::iiii:141:::::::M A r, , x :` \\<\\\ t :;l .:!o :•::.r:r.✓3b.a:+��.: .. .%-_ . a N. :Y .._•%1,. r%"y '.'IX •1 -,.a - ••_\ ti II • - "m .. Z t ,c.. .� ••• I < •_• • at I :,;, 7..23 87 I ,gyp I 1. + I: 'I " 1 I -;;x;�>;�,. . .,is °>.' ,.)v� .MO°.. I. 'I 1`: - 1 •I " :r � � •T a a a D 1 0 n. {,',. •?` ♦....!x)', I'.° I. 1:1: 'r r:. r rn o •Ira zo eg- s' .. lad,:.:.. .. wTE - 11 !:(`'x "':_`^' y. :•:Y�:.,:w:r I I 1 _ i,}.;.,a DURHAM. X ::• ;4f ,.!, IX. I•... t ., - - : :•........... -....--.. ,:, 1..-.'':.'''...-. 2S: 1• . I I I - I I Washington County,Oregon 2008-128779 N I' 10/30!2008 03:33:39 POA 0-0W Cnto1 Strad C PFEIFER $25.00 10.00 511.00$4,535.00-Total e,14,577.00 After recording,return to: II I IIIIII 111111111111 III �28I7I9'0I 0 I I5I0I0II5I9 IIIBa dI�Ball Janik LP 0103045820080I1 101 SW Main Street,Suite 1100 I,Richard Hobemlch t,Director of Assessment and -.,,,--e te, I • Taxation and Ex-Dmelo County Clerk for Weohlnaton Portland,OR 97204 ' c ':,..'S' County,Oregon,do hereby early that the within Instrument of writing Was received and recorded In the ,L f booty of roeorda of ssld cygngr. „ •_y f N'»'`^"; Until a change is requested,all Richard W.Hobemleht,Director of Assessment and `�^ C'�I tax statements shall be sent to: Taxation,Ea-Officio County Clerk I (� Opus Northwest,L.L.C. 1.); 10350 Bren Road West Minnetonka,MN 55343 Il STATUTORY WARRANTY DEED �'6 RICHARD D.AKERMAN and JAMES E.WATHEY,as Grantor,conveys and warrants to OPUS NORTHWEST,L.L.C.,a Delaware limited liability company,as Grantee,the real property I described on the attached Exhibit A,free of encumbrances except as specifically set forth on the attached Exhibit B. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS,IF ANY, I UNDER ORS 197.352. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY I OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930 AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY,UNDER ORS 197.352. IThe true consideration for this conveyance is$4,534,215.00. IDated: 3D 2006. ,4l >. WASHINGTON COUNTY �ela?..Z 1_- 7,-;"'" REAL PROPERTY TRANSFER TAX � :�r . $K, '3,5".PAID 0 o RICHARD D.AKERMAN �`����,,,^„ FEE PAID ATE 1 N I - �Q •AEI E. I 1 LI R ló z IO 1 C:\Documents and Settings\jdoty\Local Settings\Temporary Internet Files\OLK299\POR 0 I Q LL I , 0 III 1 r I STATE OF OREGON ) �� )ss. I COUNTY OF r�►; ►.:::►� ) The foregoing instrument was acknowledged before me this?0 day of 2006,by Richard D.Akerman. I �'�" OFFICIAL SEAL j = J DOTY �, NOTARY PUBLIC OREGON �'��� COMMISSION NJ.761126009 Notary Public for e of Oregon • MY COMMISSION EXPIRES , My Commission Expires 11'L0 STATE OF OREGON . ) I ss. COUNTY OF \\A1) The foregoing instrument was acknowledged before me this 45D_day of I CUOtflY2006,by James E.Wathey. e")Q64 . I 1 OFFICIAL SEAL `r Notary Public for the State of Oregon ' ` NOTARY PUBLIC-OREGON ry g � ;;� COMMISSION NO.397416 My Commission Expires �' Co L MY COMMISSION EXPIRES NOV.6,2009 1 I I . I I 1 • I I 2C:\Documents and Settings\jdoty\Local Settings\Temporary Internet Files\OLK299\POR 1 I - 1 1 EXHIBIT A LEGAL DESCRIPTION Real property in the County of Washington,State of Oregon,described as follows: A TRACT OF LAND,BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35,38 AND 39,FANNO CREEK ACRE TRACTS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE NORTH 44°37'45"WEST ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 37 AND 36,A DISTANCE OF 411.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF THE OREGON ELECTRIC RAILROAD;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.69 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11°31'14" (THE CHORD BEARS NORTH 20° 13'15"EAST,292.61 FEET)AN ARC DISTANCE OF 293.10 FEET; THENCE NORTH 89°46'00"EAST ALONG A LINE THAT IS PARALLEL WITH AND LIES 122.78 FEET NORTH FROM THE SOUTH LINE OF SAID LOT 35,A DISTANCE OF 374.23 FEET TO A POINT ON THE EAST LINE OF SAID LOT 36;THENCE SOUTH 00°03'15"EAST ALONG SAID EAST LINE 87.73 FEET; THENCE NORTH 89°45'50"EAST 57.84 FEET;THENCE SOUTH 42°21'4W EAST,203.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SOUTHWEST UPPER BOONES FERRY ROAD; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED RIGHT-OF-WAY ALONG THE ARC OF A ' 420.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00°31'19"(THE CHORD BEARS SOUTH 48°45'21"WEST,3.83 FEET)AN ARC DISTANCE OF 3.83 FEET;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 49°01'00"WEST,501.18 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE PORTION OF THE UNNAMED ROADWAY AND A PORTION OF SW FANNO CREEK PLACE THAT INURE BY REASON OF VACATION,AS SET FORTH IN THE CITY OF TIGARD ORDINANCE NO.98-01,WHICH WAS RECORDED ON APRIL 21, 1999,AS FEE NO.99049066. ALSO TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06-01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. Also described as follows: PARCEL I: ' A TRACT OF LAND,BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35 AND 38,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY,TOGETHER WITH A PORTION OF THAT VACATED ROADWAY PER DOCUMENT NO.99049066,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: I , I1C:\Documents and Settings\jdoty\Local Settings\Temporary Internet Files\OLK299TOR 1 BEGINNING AT INTERSECTION OF THE CENTERLINE OF SW FANNO CREEK PLACE WITH THE WESTERLY RIGHT OF WAY LINE OF S.W.UPPER BOONES FERRY ROAD,A 60-FOOT WIDE PUBLIC ROADWAY;THENCE ALONG SAID CENTERLINE, BEING A LINE PARALLEL WITH AND 20.00 FEET DISTANT FROM THE SOUTHWESTERLY LINES OF LOTS 37 AND 36,SAID FANNO CREEK ACRE TRACTS, NORTH 44°5703"WEST,404.05 FEET TO THE SOUTHEASTERLY RAILROAD RIGHT-OF-WAY;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY, BEING ALSO THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 07°18'50"(CHORD BEARS NORTH 22°44'39° EAST, 185.95 FEET)A DISTANCE OF 186.08 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 35; THENCE LEAVING SAID RIGHT OF WAY,ALONG SAID WESTERLY EXTENSION LINE,NORTH 89°34'55" EAST,31.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 35;THENCE ALONG THE WESTERLY LINE OF SAID LOT 35,ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 04°53149",(CHORD BEARS NORTH 16°13'48"EAST, 127.12 FEET)A DISTANCE OF 127.15 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO LARUSSO CONCRETE COMPANY,INC.,RECORDED IN DOCUMENT NUMBER 2000032753,SAID DEED RECORDS;THENCE ALONG THE SOUTH LINE OF SAID TRACT OF LAND, NORTH 89°30'44"EAST, 344.94 FEET TO THE EAST LINE OF SAID LOT 35;THENCE ALONG SAID LINE,SOUTH 00°27'53"EAST, 122.21 FEET TO THE SOUTHEAST CORNER THEREOF;THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 38,SOUTH 48°41'38"WEST,44.27 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO RICHARD D.AKERMAN AND JAMES E.WATHEY,RECORD IN DOCUMENT NUMBER 91063372,SAID RECORDS;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT OF LAND,SOUTH 42°48'02"EAST, 214.41 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID S.W. UPPER BOONES FERRY ROAD;THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY,SOUTH 48°41'42"WEST,395.19 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE SOUTH 49°19'55"WEST,20.06 FEET TO POINT OF BEGINNING. TOGETHER WITH THAT PORTION OF THE UNNAMED ROADWAY TO THE WEST WHICH INURED THERETO BY VACATION ORDINANCE NO.06-01 RECORDED APRIL 6,2006 AS FEE NO.2006-039844. PARCEL II: A PORTION OF LOTS 38 AND 39, FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY,LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 39,FANNO CREEK ACRE TRACTS;THENCE ALONG THE WEST LINE OF SAID LOT 39,NORTH 00°27'53"WEST,35.00 FEET;THENCE LEAVING SAID LINE, NORTH 89°34'55"EAST, 57.94 FEET;THENCE SOUTH 42°36'45"EAST,202.94 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF S.W.UPPER BOONES FERRY ROAD;THENCE ALONG SAID RIGHT- OF-WAY,SOUTH 48°41'42"WEST, 110.00 FEET TO THE NORTHEASTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO LESTER L.BENNETT,ET UX,PER BOOK 320,PAGE 274,WASHINGTON COUNTY DEED RECORDS;THENCE ALONG THE NORTHEASTERLY LINE OF SAID BENNETT TRACT OF LAND, NORTH 42°46'02"WEST,214.41 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 38;THENCE ALONG SAID LINE, NORTH 48°41'38"EAST,44.27 FEET TO THE POINT OF BEGINNING. , I 2C:\Documents and Settings\jdoty\Local Settings\Temporary Internet Files\OLK299TOR 1 1 • EXHIBIT B EXCEPTIONS TO TITLE I • 1. The Property is within the boundaries of the Clean Water Services District and is subject to levies and assessments thereof. However,there are no levies or assessments thereof as of the date of recording of this deed. 2. An easement for permanent public and private utility and incidental purposes,recorded April 21, 1999 as Instrument No.99049036 of Official Records. In Favor of: The City of Tigard Affects only that portion of the Property lying within the road vacated by vacation ordinance No.06-01,recorded April 6,2006,as Instrument No.2006-039844. 3. Reservation of utilities in vacated street area and the right to maintain the same as set forth in ordinance No.98-01 a copy of which was recorded April 21, 1999 as Instrument No.99049066. Affects only that portion of the Property lying within the road vacated by vacation ordinance No.06-01,recorded April 6,2006,as Instrument No.2006-039844. • I I I I C:\Documents and Settings\jdoty\Local Settings\Temporary Internet Files\OLK299\POR I InterMap Page 1 of 2 • 1 GEOGRAPHIC INFORMATION SYSTEMS ‘111'1 Interrnap Washington County, Oregon I Navigation: I New Search I Navigator I Home I Help I 16075 SW UPPER BOONES I Active Tool: Zoom In Overview Ma• Zoorr nillm1111/11 r ® ®L__1_ L _J HIE 15865 i I L_! 15951 1 1 I I l I I I 1 I • Selected Taxlot I D Overview Location 15995 16045 fokl Zoorr Maps: 1 16075 Out , Zoning �, . '.4 Pane Contour Lines ��Q' �Q9 Recei 2005 Air Photo 11)` ¢Q4 I,tnh I I USGS Quads �� 4 \ I I �y 16255 ?�'�, Oda Selec View Legend 4. New I Q ' 16101 Taxlo / Gj Je16125 0. .200ft I I Id 'I AZoon To Taxi( I ''I► Overlay Information for: 2S113AB00300 Jurisdiction: Tigard ' Plan Designation: (Zoning) Please Contact Tigard for zoning information. Annex Date: 01/01/83 Within Urban Growth Boundary: Yes I Within Metro's Urban Service Area: Yes Sanitation District: CWS Water District: Not in Water District I Fire District: TVFR Fire Management Zone: 6290 Water District: Not In Park District I School District: TIGARD-TUALATIN Election Precinct: 405 Commissioner District: 3 1 Assessor Area: 2 Citizen Participation Org: CPO4M Community Plan Map: COUNTY I http://washims.co.washington.or.us/InterMap/InterDetails.cfin 1/18/2007 1 InterMap Page 2 of 2 0 I TIF Zone: 17 POD Date Zoned: POD: 3 4/19/61 • Plat: FANNO CREEK ACRE TRACTS I Census Tract: 030804 Census Blockgroup: 0308043 Zipcode: 97224 I Garbage Hauler: Garbage Dropbox: Pride Disposal (503) 625-6177 Pride Disposal (503) 625-6177 Thomas Brothers Guide: Page: 655 - Grid: G7 I' 'r'Assessment &Taxation Information Site Address: 16075 SW UPPER BOONES Market Land Value: $953,120 I Tax Lot ID: Account: 25113A600300 Market Bldg Val: $605,040 R513144 Market Total Val: $1,558,160 Prop Class: 2312 Taxcode: 023.74 Sales Information: A&T Acres: 2.86 Sale Date Sale Instrument Sale Price Bldg Sq Ft: 0 10/30/2006 2006128779 $4,534,215 I Year Built: N/A // $0 Lat/Long: 45.4039370/ 122.751155 // $0 Get Detailed A&T Info I Property&Taxation Questions For general tax questions,please see Prooerty Tax Questions.If you are looking for specific tax data relevant to your property,please call our Assessment&Taxation Department at 503-846-8741. A&T Website I 'V Scanned Tax Maps Main Scanned Taxmap I • • Permits & Projects I No projects were found for this parcel Info. Project Activity Status Description Type Submitted Entered Accepted Decision Number Number l _o_' P0019154 05024517 FINAL NW COMELEC 10/07/1991 10/07/1991 10/07/1991 10/25/19 LANDSCAPING -- COMELEC CIRCUITS 1 Et a P0019173 05024559 FINAL NW COMELEC 10/09/1991 10/09/1991 10/09/1991 10/25/19 LANDSCAPING ELEC LIMITED I ENERGY *This is a report of permits and projects associated with the selected parcel. It only includes information for permits and projects issued by Washington County.It does not include data for permits and projects issued by other cities and agencies within the County. Please be aware that data is only valid for permits and projects initiated since 1996.Also be advised that in some cases data is incomplete because of data errors. I ©2000 - 2006 Washington County. All rights reserved. Links to external sites do not constitute endorsements by Washington I County. By visiting this and other Washington County web pages,you expressly agree to be bound by the terms and conditions of the site. For questions regarding information privacy, liability,accessibility,and public records policies, please review the statements document. IThis page maintained by Washington County Technology Services. Need assistance with this page?email us http://washims.co.washington.or.us/InterMap/InterDetails.cfin 1/18/2007 EXHIBIT D - Landscape Easement M 3 • . - ' Washington County,Oregon 2006-1 28780 • 10130!2006 03:33:39 PM D.E Cnt=1 Stnm8 C PFEtFER $65.00$6.00 311.00•Total=582.00 WHEN RECORDED RETURN TO: I fihillil) III II) III 111111 I(111111 1`11 11111 IBall Janik LLP 0 03046 20 601287800130 I 37 Attn: Barbara W.Radler Taxation a d ExAmr Director untry of far Wa wntIon 101 SW Main St. Suite 1100 COunly Oreon do hereby certi ythat the wi hln' bMrumt orwrktng was received and recorded In the '1)r book of recordo of aald Portland, OR 97204-3219 Rik of D.Hobernleht,Director ofAoaeae Taxation,Ex.Omelo County Clark I EASEMENT AGREEMENT DATED: �' Tac �� BETWEEN: OPUS NORTHWEST,L.L.C.,a Delaware - • - limited liability company ("Opus") IAND: PACIFIC REALTY ASSOCIATES,L.P.,a Delaware limited partnership ("PacTrust") IRecitals: I A. Opus acquired the real property legally described on the attached Exhibit A(the"Opus Property")on or about the date first set forth above. PacTrust is the owner of certain real property legally described on the attached Exhibit B (the"PacTrust Property"). IThe Opus Property is adjacent to and west of the PacTrust Property. . B. Opus desires an easement to landscape a portion of the PacTrust Property as depicted on the attached Exhibit C and described on the attached Exhibit D, (the "Landscape I Area") and to install landscaping to .screen from view the walls on the PacTrust Property.. PacTrust desires an easement to permit the location of a stairway that currently encroaches on a portion of the Opus Property(the"Stairway")and to provide access to the Stairway, as depicted I on the attached Exhibit E. . K1 N C. Opus and PacTrust are willing to grant easements to each other as described in this Easement Agreement(the"Agreement"). 6° Agreements: I I c� In consideration of the foregoing and the mutual covenants of the parties `� contained in this Agreement, and for other good and valuable consideration, the receipt and adequacy of which are acknowledged,the parties agree as follows: I o 2 I f'- 1 ::0DMATCDOMPORTLAND153767211 I • LL I I • I 1. Landscape Easements. 1.1. Grant of Easements. PacTrust grants and conveys to Opus (a)an easement over, under, and across the Landscape Area for the purposes of installing, maintaining and replacing landscaping, (b) an easement over, under, and across the strip of land between the 111 Opus Property and the PacTrust Property that is located between the Opus Property and the exterior walls of the buildings on the PacTrust Property for the purposes of installing, maintaining and replacing landscaping to improve the attractiveness of the walls that face the Opus Property or to screen them from view, and (c) an easement over, under, and across the portions of the PacTrust Property described in this Section 1.1 to install,use,maintain,repair and replace an irrigation system to provide irrigation to the landscaping installed by Opus on the I PacTrust Property (together, the "Landscape Easement"). Opus shall submit its plan for landscaping on the PacTrust Property to PacTrust prior to installing the landscaping for PacTrust's approval which shall not be unreasonably withheld or delayed. 1 1.2. Restrictions. All activities on and use of the PacTrust Property as permitted by this Agreement shall be in compliance with all applicable laws,statutes,ordinances, rules, regulations, and requirements of any governmental authority("Laws") and all landscaping work will be performed in a good and workmanlike manner. In addition, Opus shall keep the PacTrust Property free from any liens arising out of any work performed,materials furnished or obligations incurred by or on behalf of Opus and shall indemnify, defend and hold PacTrust harmless from all claims, costs and liabilities, including attorneys fees and costs, in connection with or arising out of any such lien or claim of lien. 1.3. Revocation. PacTrust may decrease the Landscape Area or revoke the Landscape Easement on the Landscape Area upon 30 days' prior written notice to Opus if the City of Tigard requires PacTrust to use all or a portion of the Landscape Area to meet the City of Tigard's minimum landscaping requirements. 1.4. Insurance; Indemnity. Prior to entry on to the PacTrust Property to commen - - work, Opus shall provide PacTrust with evidence that Opus has a commercial g- ra lia• ance policy covering risks at the PacTrust Property with limits of not less '.an$2,000,000, _ i d shall name PacTrust as an additional insured on that policy. Opus agrees to -fend, ind-• and hold PacTrust harmless from and against any and all claims, costs, exp- • es an. abilities arising out of damage to persons or property caused by Opus' entry onto the PacTrust Property pursuant to this Agreement. 1.5. General. Subject to PacTrust's rights under Seddon 1.3 and subject to PacTrust's rights as set forth in Section 2.1 below, the Landscape Easement is granted as a benefit and permanent right appurtenant to the Opus Property for the benefit of Opus and its 111 • successors, assigns, employees,contractors,subcontractors,and licensees. 2. Encroachment and Access Easements. I 2.1. Grant of Easements. Opus grants and conveys to PacTrust an easement to permit the continued existence of the Stairway in its location on the Opus Property (the "Encroachment Easement") and an easement over and across the area immediately adjacent to 2 ::ODMA\PCDOCS\PORTLAND\537672\1 1 • • ' the Stairway (not to exceed five(5) feet from any portion of the Stairway) for access to the Stairway for purposes of installing, maintaining, using, and replacing the Stairway(the "Repair Easement"). PacTrust may elect to convert or upgrade the Stairway to create an access that meets the accessibility requirements under the Americans with Disabilities Act of 1990, including creating access from the Stairway to the paved asphalt parking area located (or to be located) on the Opus Property (an "ADA Access"), at PacTrust's sole cost and expense. If (a)the ADA Access will not adversely affect Opus's compliance with governmental approvals on the Opus Property(such as minimum landscaping requirements), (b)Opus approves the plans and specifications of the design of the ADA Access, and(c) Opus approves of the location of the ADA Access (including, without limitation, the location of the access from the Stairway to the paved asphalt parking area on the Opus Property), then Opus shall grant an easement over the affected portion of the Opus Property to permit PacTrust to construct the ADA Access by executing an amendment to this Agreement in a form acceptable to Opus and PacTrust. Opus and PacTrust agree not to unreasonably withhold, condition or delay these respective approvals under this Section 2.1. 2.2. Removal. If PacTrust elects to remove the Stairway, then Opus will permit PacTrust to remove the Stairway, so long as all work is performed in a good and workmanlike manner, in compliance with all Laws. In addition, PacTrust shall keep the Opus ' Property free from any liens arising out of any work performed, materials furnished or obligations incurred by or on behalf of PacTrust and shall indemnify, defend and hold Opus harmless from all claims, costs and liabilities, including attorneys fees and costs, in connection with or arising out of any such lien or claim of lien. Lw 2j I"` 2.3. Insurance; Indemnity. Prior to entry on to the Opus Property to C commence any work,PacTrust shall provide Opus with evidence that PacTrust has a commercial - •• •: insurance policy covering risks at the Opus Property with limits of not less than $2,000,000, d shall name Opus as an additional insured on that policy. PacTrust agrees to defe a a emnify and hold Opus harmless from and against any and all claims, costs, expenses I and liabilities arising out of damage to persons or property caused by PacTrust's entry onto the Opus Property pursuant to this Agreement or by the use of the Stairway by PacTrust or its successors, assigns, employees, contractors, subcontractors, tenants, business invitees, or visitors. 2.4. General. The Encroachment Easement, Repair air Easement and Access• Easement are granted as a benefit and permanent right appurtenant to the PacTrust Property for the benefit of PacTrust and its successors, assigns, employees, contractors, subcontractors, and visitors. 3. General Provisions 3.1. No Obligation. Nothing in this Agreement shall obligate, or be construed ' to obligate,Opus to install landscaping or improvements,except as expressly provided in Section 2.2. 3.2. Repairs; Restoration. If Opus damages any improvements on the PacTrust Property, Opus shall promptly repair the damage and restore the area to the condition it was in 3 ::0DMATCDOCSWORTLAND\537672\1 I • • • 1 immediately prior to Opus' work on the PacTrust Property. If PacTrust damages any improvements on the Opus Property, PacTrust shall promptly repair the damage and restore the area to the condition it was in immediately prior to PacTrust's work on the Opus Property. 3.3. Easements to Run with Land; Binding Effect. The easements described in I this Agreement shall run with the land as to all property benefited and burdened thereby, including any partition or division of such property. The rights, covenants, and obligations contained in this Agreement shall bind, burden, and benefit Opus and PacTrust and their I respective successors,assigns,lessees,mortgagees,and beneficiaries under any deeds of trust. 3.4. Further Instruments. Each party agrees to execute such further instruments as may be reasonably required to further the intent and purpose of this Agreement, so long as the terms thereof are fully consistent with the terms of this Agreement. 3.5. Notices. Any notice which a party desires to give to the other shall be in 1 writing and shall be effective when actually delivered in person or by telefacsimile or three (3) business days after placement in the U.S. mails, postage prepaid as registered or certified mail, return receipt requested, addressed to such other party at its address shown below or to such other address as such party (or its successor in title) may designate in writing to the other party (or its successor in title): If to Opus: Opus Northwest,L.L.C. Attn.: John Bartell and Brian Bennett 1500 S.W.First Avenue, Suite 1100 Portland, OR 97201 With a copy to: Opus Northwest,L.L.C. Attn: Brad J. Osmundson 10350 Bren Road West Minnetonka,MN 55343 With a copy to: Ball Janik LLP Attn.: Barbara W.Radler 101 SW Main Street,Suite 1100 1 Portland, OR 97204 If to PacTrust: Pacific Realty Associates,L.P. Attn.: Property Management 15350 S.W. Sequoia Parkway, Suite 300 Portland,OR 97224 With a copy to: Pacific Realty Associates,L.P. Attn.: General Counsel/OBPIII 15350 S.W. Sequoia Parkway,Suite 300 Portland,OR 97224 3.6. Attorneys' Fees; Waiver of Trial by Jury. If a suit, action, or other j proceeding of any nature whatsoever (including any appeal and any proceeding under the U.S. 4 ::ODMA\PCDOCS\PORTLAND1537672\1 I • 1 Bankruptcy Code) is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder,the prevailing party shall be entitled to recover its attorneys', paralegals', accountants', and other experts' fees and expenses and all other fees and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review, in addition to all other amounts provided by law. For purposes hereof, the reasonable fees of either party's in-house attorneys, as the case may be, who perform services in connection with any such enforcement action are recoverable, and shall be based on the fees regularly charged by private attorneys with the equivalent number of years of experience in the relevant subject matter area of the law, in law firms in the City of Portland, Oregon with approximately the same number of attorneys as are employed by the relevant party's ' Law Department. The provisions of this Section 3.6 are separate and severable and shall survive a judgment on this Agreement. Disputes between the parties which are to be litigated shall be tried before a judge without a jury. �! 3.7. Entire Agreement;Applicable Law. This Agreement constitutes the entire agreement by and among Opus and PacTrust with respect to the subject matter hereof and supersedes any and all prior agreements, understandings, representations or covenants that may have existed by and between or by and among said parties. This Agreement shall be construed, • applied and enforced in accordance with the laws of the State of Oregon. 3.8. No Recourse. Notwithstanding anything to the contrary set forth in this Agreement, each party shall look solely to the assets of the other party (as used herein, the "Liable Party") for satisfaction of any liability of the Liable Party in respect hereof and will not seek recourse against the partners of the Liable Party or their respective officers, directors, shareholders, members, employees, agents, or any of them, or any of their personal assets, for such satisfaction. 3.9. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall constitute an original and which, together, shall constitute one ' and the same instrument. [signatures on following page] I 1 1 I • 5 ::0DMA\PCDOCS\PORTLAND\537672\1 I • • I I IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first set forth above. 1 PACTRUST: PACIFIC REALTY ASSOCIATES, L.P., a Delaware limited partnership 1 By: PacTrust Realty Inc.,a Delaware corporation, ener.. P P. a r I By: L f 114 144 1flGG Its: V• j? I OPUS: OPUS NORTHWEST,L.L.C.,a Delaware limited s liability company By: Gl�t� Its: « P(L C +6-.-, 4-2-.41-•.1 kc.-- STATE OF OREGON ) )ss. 1 County of Ocigh�� '' ) T The foregoing instrument-II s acknowle ged before me on this cow---1 day of 1 C'1 b ,2006,by t.,:a11,GPI, , ,a Vice President of PacTrust Realty, Inc., a Delaware corporation and the general partner of Pacific Realty Associates, L.P.,a Delaware limited partnership,on behalf of the 'f ted partnershi . I OFFICIAL SEAL I i -) - a_, TRACY A.HAWTHORNE Notary Put�l c for Oregon • NOTARY COMMISSION NCO.A382E 660022 My Commission Expires: -r -K '� M I Y COMMISSION EXPIRES SEPT.4,2008 STATE OF OREGON ) I )ss. County of h ) i The foregoing instrument was acknowledged before me on this day of , 1c- , 2006,by cJ 1_ -VC—kf \ ,the \)\CS I C,.00 - of Opus Northwest, L.L.C.,a Delaware limited liability company,on be alf of the limited liability I company. el. O J 07Y L Not Public f r Oregon NOTARY PUBLIC-OREGON i, COMMISSION NO.397416 My Commission Expires: I V to' 09 MY COMMISSION EXPIRES NOV.6,2009 6 ::ODMA\PCDOCS\PORTLAND1537672\I 1 1 1 • • • EXHIBIT A Legal Description Opus Pro g ph n of Op Property I • First Parcel A PORTION OF LOT 35, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD IN WASHINGTON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 35, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD IN WASHINGTON COUNTY; THENCE ALONG THE EAST LINE OF SAID LOT 35, SOUTH 00°27'53" EAST, 130.37 FEET; THENCE LEAVING SAID LINE, SOUTH 89°30'44" WEST, 344.94 FEET TO THE RAILROAD RIGHT-OF-WAY; THENCE ALONG ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 05°07'46" (CHORD BEARS NORTH 11°13'00" EAST, 133.14 FEET) A DISTANCE OF 133.19 FEET TO THE NORTH LINE OF SAID LOT 35; THENCE ALONG SAID LINE, NORTH 89°30'44" EAST, 317.98 FEET TO THE POINT OF BEGINNING. CONTAINING 0.989 ACRES (43,080 SQUARE FEET). Second Parcel A tract of land located in Lots 38 and 39 of the FANNO CREEK ACRE TRACTS,in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: ' Beginning at the Southwest corner of Lot 39,of said FANNO CREEK ACRE TRACTS; thence North 0° 02' 40"West 35.00 feet along the Westerly line of said Lot 39;thence North 89°49' 20"East 57.94 feet;thence South 44°47' 35"East 203.02 feet to the Northwesterly right-of-way of S.W.Upper Boones Ferry Road;thence South 49°01' 10"West 110.00 feet along the Westerly right-of-way of said S.W.Upper Boones Ferry Road to the Northeasterly corner of a tract of land conveyed to Lester L.Bennett,et ux,by Deed recorded in Deed Book 320,page 274,Deed Records of Washington County, Oregon; thence North 44° 37'35"West 214.40 feet along said Bennett Tract to the Northwesterly line of Lot 38, of said FANNO CREEK ACRE TRACTS; thence North 49°01' 10"East 44.01 feet along the Northwesterly line of said Lot 38 to the true point of beginning. 1 I, A-1 ::0DMA\PCDOCS\PORTLAND1537672\1 I I Third Parcel Real property In the County of Washington,State of Oregon,described as follows: PARCEL I A TRACT OF LAND, BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35,38 AND 39, FANNO CREEK ACRE TRACTS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY, OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE NORTH 44°37'45"WEST ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 37 AND 36, A DISTANCE OF 411.29 I-tt i TO THE SOUTHEAS i tKLY RIGHT-OF-WAY OF THE OREGON ELECTRIC RAILROAD;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.69 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11°31' 14" (THE CHORD BEARS NORTH 20° 13' 15"EAST,292.61 FEET)AN ARC DISTANCE OF 293.10 FEET; THENCE NORTH 89°46'00"EAST ALONG A LINE THAT IS PARALLEL WITH AND LIES 122.78 FEET NORTH FROM THE SOUTH LINE OF SAID LOT 35,A DISTANCE OF 374.23 FEET TO A POINT ON THE EAST LINE OF SAID LOT 36;THENCE SOUTH 00°03' 15"EAST ALONG SAID EAST LINE 87.73 FEET; THENCE NORTH 89°45'50"EAST 57.84 FEET;THENCE SOUTH 42°21'40"EAST,203.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SOUTHWEST UPPER BOONES FERRY ROAD; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED RIGHT-OF-WAY ALONG THE ARC OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00°31' 19"(THE CHORD BEARS SOUTH 48°45'21"WEST, 3.83 FEET)AN ARC DISTANCE OF 3.83 FEET;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 49°01'00"WEST,501.18 FEET TO THE POINT OF BEGINNING. • EXCEPTING THEREFROM ANY PORTION LYING WITHIN PUBLIC ROADS TOGETHER WITH THE PORTION OF THE UNNAMED ROADWAY AND A PORTION OF SW FANNO CREEK PLACE THAT INURE BY REASON OF VACATION,AS SET FORTH IN THE CITY OF'TIGARD ORDINANCE NO.98-01, WHICH WAS RECORDED ON APRIL 21, 1999,AS FEE NO.99049066. • 1 1 I 1 I A-2 ::ODMA\PCDOCS\PORTLAND\537672\I 1 I I • • EXHIBIT B Legal Description of PacTrust Property 1 PARCEL XII: That portion of Lots 38 and 39, of FANNO CREEK ACRE TRACTS, located in the Southeast one- - quarter of Section 12, and the Northeast one-quarter of Section 13,Township 2 South, Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon,and being more particularly described as follows: Commencing at a point on the Southeasterly line of said Lot 38 which is North 49°01' East 210.00 feet from the Southerly corner of said Lot 38, said point also being the most Easterly ' corner of that certain parcel conveyed to Watt Petroleum and Welding Supply,Inc. by deed recorded May 19, 1976 in Book 1086, page 48, Records of Washington County; thence North 42°21'40"West along the Northeasterly line of said Watt parcel 10.00 feet to the true point of beginning; thence continuing North 42°21'40"West along said Watt parcel 193.15 feet; thence South 89°45'40"West, 57.84 feet to the West line of said Lot 39; thence North 0°03'15"West • along said West line 217.79 feet to the Northwest corner of said Lot 39; thence North 89°45'40" East along the North line of said Lot 39; 146.51 feet to a point 200.00 feet West of the Northeast corner of said Lot 39; thence South 0°02'30" East, parallel to the East line of said Lot 39, 20.00 feet; thence North 89°45'40"East, parallel to the North line of said Lot 39, 180.00 feet to the Westerly right of way of SW 72nd Avenue, as dedicated to the public by document recorded June 23, 1978 as Fee No. 78-28456, Records of Washington County, Oregon;thence South 0°02'30" East along said Westerly right of way, 125.31 feet to an intersection with the Westerly line of that certain parcel set forth in complaint in the Circuit.Court of the State of Oregon for the County of Washington entitled "City of Tigard, a municipal corporation, Plaintiff vs George H. Killian,et al, Defendants",Action for eminent domain, Case No. 83-0396-C filed March 18, 1983;thence along said Westerly line along the arc of a 420.00 foot non-tangent radius curve(the radius point bears North 77°30'50" West)to the right 175.95 feet(central angle of 24°00'10"and the chord bears South 24°29'15"West, 174.66 feet to a point on the Northwesterly right of way of SW Boones Ferry Road as delineated to the public by said Fee No. 78-28456; thence South 49°01'00"West,along said Northwesterly right of way of SW Boones Ferry Road 87.47 feet to the true point of beginning. PARCEL XIII: Lot 40, FANNO CREEK ACRE TRACTS, in the City of Tigard,County of Washington and State of Oregon. TOGETHER WITH the following described property: Part of Lot 39, FANNO CREEK ACRE TRACTS, in the City of Tigard,County of Washington and State of Oregon,more particularly described as follows: ' Beginning at the Northeast corner of said lot; thence West following the North line thereof, a distance of 200 feet; thence South parallel with the East line thereof, a distance of 20 feet; thence East parallel with the North line,a distance of 200 feet to a point on the East lien thereof; thence North following the East line, a distance of 20 feet to the point of beginning. B-1 I . • I EXHIBIT B I Legal Description of PacTrust Property I PARCEL XIV: A portion of Lot 3, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK, in the Southeast quarter of 1 • Section 12,Township 2 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at the Southeast corner of Lot 3, SOUTHERN PACIFIC TIGARD INDUSTRIAL PARK; thence North 1°20'16"West along the East line of said Lot 3, a distance of 282.52 feet;thence South 88°29'35"West 297.80 feet to a point In the West line of Lot 3;thence Southwesterly along said West line on the arc of a searles transition curve to the right(the chord of which bears South 0°23'50" East 115.43 feet) a distance of 115.43 feet to a point of curve; thence Southeasterly on the arc of a 1487.69 foot radius curve to the right(the chord of which bears South 4°26'16"West 168.01 feet)a distance of 168.10 feet to the Southwest corner of Lot 3; thence North 88°29'35" East along the South line of said Lot 3 a distance of 316.61 feet to the point of beginning. 1 1 1 I I I 1 B-2 • I • • I I �Q EXHIBIT "C" 1 LANDSCAPE EASEMENT Z A PORTION. OF THE SW 1/4 OF THE SE 1/4. OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON 1"=50' AUGUST 24, 2006 I I I I IlTR1\GIs PORE 39 I' CRE-K S4413'59"E L , ANNO 44.12' 3 "• ' N44'32'12"E '�• ••'• 6.42' ') CO Woo 20'32"E o••••'••••••• .33.01' 8s 4 It NO027 53 W 2 .1e•..$._•:_ ..."A, 35.00'- S89'34'55»W I P.O.E. 57.94' SW 39 LANDSCAPE _ _ — —. EASEMENT AREA 1,443 SF 00. 00 33/2 PREPARED FOR: / 910u OPUS NORTHWEST PREPARED BY: / I * / < rli / *PI 1 0-T 3$ DEVELOPMENT / L -.A CERTIFIED WBE- \ 2407 NE 292nd Avenue Camas,WA 98607 I \ 360.834.2519 Fax.834.5498 if • • ,1 1 I I .-ham'. 2407 NE 292nd Avenue ._�.! Camas, WA 98607 ' �S� ' 360.834.2519 fax.834.5498 DEVELOPMENT chalcumba verizon.net A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. ' EXHIBIT "D" 1 Landscape Easement Legal Description A portion of Lot 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particularly described as follows: Beginning at a point on the West line of Lot 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, which bears N00°27'53"W, 35.00 feet from the Southwest corner thereof; thence along said West line, N00°27'53"W, 51.08 feet; thence leaving said line, S44°13'59"E, 44.12 feet; thence N44°32'12"E, 6.42 feet; thence S44°20'32"E, 33.01 feet to the Northeast Corner of that tract of land described in deed, recorded in Document Number 91063372, Washington County Deed Records; thence II along the North line of said Tract of Land, S89°34'55"W, 57.94 feet to the point of beginning. Containing 1,443 Square Feet. • 1 .1 I 11 I 1 I Page 1 of 1 'i I!. 0 • I �Q EXHIBIT T "E" 4 STAIR WA Y zA PORTION OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12, I TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. CITY OF TIGARD, WASHINGTON COUNTY, OREGON 1"=.50' AUGUST 24, 2006 I I 1' I E STAIRWAY TO REAR ACCESS i 3.2' WEST I QS 4 PORE I GREEK �01' 39 • NN0 2.16' - 1.7' ,„ . 4 . ts, c ,„, I. 0 PREPARED FOR: il / OPUS NORTHWEST PREPARED 8Y: / / `.11 I. 3$ DEVELOPMENT 7-1 1,0"( A CERTIFIED WBe \ 2407 NE 292nd Avenue I Camas,WA 98607 \ 360.834.2519 Fax.834.5498 I II . o m > 1 I I 1 '"s', . f/ \ . .. '� VS, '.. i tiu \ 40.0°.s1„ rx(1j \ i,. ° �. �s',a• a !{{{i{\\ ( 01' QQ\\ 1.1� f 0`� 1�� '\ / BOO�i/ 1.f• ° t't1'f rltt+!'F {ff" \.\ r Q�� pQaOre.�a,.• °OO ;r4—..,,41 M ,•o_1. IF.•... .... ,., \\ i: 04. ��n Ip .°c I1:I:�O.� �„ \ilk 141 0' • ` ► 1 Is,r c • d,— z \\ 14'^ <0 r .Vi a}.�a ,4,4, 1,ri ti D O \ ;��` \ Y om° > �� � / ! _E F r,'D` '. ,^ .) 0N4.c°oOj°oo.- n a°°�i Q °o. �/ `\• t ` `►,:' e ° �"ICI I'1111 ° C eo II6 / did d ``"4��rr.y,�Tt \ R�� �/ \ \ �I�, �I, 1 •dam n^ N:\: �� ♦ a ►moo c,;� , � �l \ ,t 1 ji4,,A,v�� bore♦♦ ..>4ua '� //:� �C=d.Od6 �. �.�i -'--- \ 'I'z'.. ''' '‘ ‘.:1 41- •1,'°.-0^y '#,;r co m ... ,,,, !.......!,, /. I i t! a 2 Q(,�j v- ,0 F : \ x7,4..,,,„_n■ ,, ....0.4x; ‘,..„-- 8 w' ;: 1, s, 4,1 z". \,. " T 111181 ? `I 40 wit. y IL\ 1110 111001111001100 i i ; i0 I IIii ! ' > 1 N-4 VII i i it i t D limilii; ill1 1 1 11 5 to g 33 m ; and h p 11111> y 1 III > l s -I ,..?..; 4. rn fqi il iii 4g 110 88 ill ill 1581 5 i P 0 * 1 ollill 1 III 1 a m ; °+ ` w g 4 N M N N N • F QpQQ �QQQ F QQe R_— yy T)� o a $ it' 441; 4 $ S4t ttgattgaa 8s8 8888888 I 111 Nr7 I FANNO CREEK PLACE I w IRIL 1 0. r E 0 9 _ UPPER BOONES FERRY ROAD o ■ • 1 0 1 w o. 6 • r TIGARD,OREGON R I i 6 g us Bw m o■�or,eu aD Porsu4 an■err a C II 1 PRELIMINARY LANDSCAPE PLAN a TN °° °°'"'°2°°° F q in ro a I r 1 o o 1 T q o i EXHIBIT E - Drainage Easement (N), , • (1 (1) • I . Washington County,Oregon 2006-128781 " 10130/2006 03:33:39 PM 04 CM=1 Stnn3 C PFEIFER 355.00 36.00$11.00-Total=$72.00 WHEN RECORDED RETURN TO: , Hill 11111 III11IIIIlIIIII III II I ! IBall Janik LLP 010304622006012879 0110110 1,Richard HobendtM,Olnctor ofAsaeeament and n. Attn: Barbara W.Radler Taxation eag Ex-0Rleto County Clerk for Wadunpton ti- 101 SW Main St.,Suite 1100 Instrument entof .ingwoeyceivedI attheWtthln tk•' Inxtrument o!wiling wee received and mottled In me i+rte' Y I Portland,OR 97204-3219 I book 0trinordt 0f ttid .[L. �. ' „,-.._;,,,-,-)1 t Richard W.Hoberntcld,Director of Aaeseement end `-4.4...''. 1 Taxation,Ex•ORleto County Clerk I I , DRAINAGE EASEMENT AGREEMENT ' Itp DATED: b3PJ g LQ BETWEEN: OPUS NORTHWEST,L.L.C.,a Delaware limited liability company ("Opus”) pus”)'[ AND: B&R INVESTMENTS, a general partnership ("B &R") ' Recitals: A. Opus acquired the real property legally described on the attached Exhibit A I ("Opus Property")on or about the date first set forth above. B&R is the owner of certain real property legally described on the attached Exhibit B("B&R Property"). The Opus Property is located to the northeast of the B&R Property. I B. • B&R desires to grant to Opus certain easements contained in this Drainage Easement Agreement(the"Agreement"). Agreements: I In consideration of the foregoing and the mutual covenants of the parties contained in this Agreement,and for other good and valuable consideration,the receipt and adequacy of which are IM acknowledged,the parties agree as follows: Ln 1. Easements to Opus. I �0 1.1 Grant of Easements. B&R grants and conveys to Opus(a)a temporary easement to enter the B&R Property for purposes related to the construction,installation, 8 maintenance,repair and replacement of a storm drainage system,pipes,and related improvements(the"Storm Drainage Facilities")that will serve the Opus Property(the "Construction Easement"),and(b)a permanent,non-exclusive easement over and across the area O depicted on the attached Exhibit C and legally described on the attached Exhibit D(the I Z "Easement Area")for installing,constructing,using,maintaining,repairing,and replacing the Storm Drainage Facilities(the"Storm Easement"). The Construction Easement and the Storm 0 Easement are, together,referred to as the"Easements"in this Agreement. I3 I ::ODMAIPCDOCSIPORTLAND■524423u I • • 1 1 1.2 Restrictions. All activities on and use of the B &R Property and the • Easement Area as permitted by this Agreement shall be in compliance with all applicable laws, statutes, ordinances,rules,regulations,and requirements of any governmental authority ("Laws"). All work to be performed by Opus will be performed promptly, in a good and workmanlike manner,and free of liens filed against the B&R Property. Opus agrees that it shall coordinate its work with B &R so as to minimize disruption to the business operations on the B &R Property. Further,if required by B &R,Opus shall construct the Storm System before or after regular business hours. ' 1.3 General. The Easements are granted as a benefit and right appurtenant to the Opus Property. The Easements are granted for the benefit of Opus and its successors, assigns, employees, contractors,subcontractors, tenants,business invitees, and licensees. 2. Maintenance,Repair, and Replacement 1 If Opus elects to develop the Opus Property and if Opus constructs the Storm Drainage Facilities,Opus will construct Storm Drainage Facilities at its sole cost and expense. After completion of Storm Drainage Facilities,the owner of the Opus Property shall have the sole obligation to maintain,repair, and keep the Storm Drainage Facilities in good condition, reasonable wear and tear excepted,and in compliance with all Laws. 3. Liability Insurance. Beginning on the date on which construction of the Storm Drainage Facilities commences and continuing until completion of construction of the Storm Drainage Facilities,the owner of the Opus Property shall maintain, at the owner of the Opus Property's expense,commercial general liability insurance in an amount of at least$1,000,000 relating to all activities,operations and usages by the owner of the Opus Property on or about the B &R Property and shall cause the owner of'the B &R Property to be added as an additional insured on such insurance. 4. General Provisions I 4.1 No Obligation. Nothing in this Agreement shall obligate, or be construed to obligate, Opus to construct any improvements. I 4.2 Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the Easements described in this Agreement and supersedes all prior and contemporaneous agreements between them with respect to the Easements. 4.3 Easements to Run with Land:Binding Effect. The Easements shall run ' with the land as to all property benefited and burdened thereby,including any partition or division of such property. The rights, covenants, and obligations contained in this Agreement shall bind,burden, and benefit Opus and B &R and their respective successors, assigns,lessees, mortgagees, and beneficiaries under any deeds of trust. 2 ::ODMAIFCDOCS\PORTLAND\524423�2 I • • 1 4.4 Notices. Any notice which a party desires to give to the other shall be in ' writing and shall be effective when actually delivered in person or by telefacsimile or three(3) business days after placement in the U.S.mails,postage prepaid as registered or certified mail, return receipt requested, addressed to such other party at its address shown below or to such ' other address as such party(or its successor in title)may designate in writing to the other party (or its successor in title): ' If to Opus: Opus Northwest,L.L.C. Attn: Brian Bennett 1500 SW First Avenue,Suite 1100 ' Portland, OR 97201 Fax: (503) 916-8964 With a copy to: Opus Northwest, L.L.C. Attn: Brad J. Osmundson, 10350 Bren Road West Minnetonka,MN 55343 ' Fax: (952) 656-4814 With a copy to: Ball Janik LLP ' Attn: Barbara W. Radler 101 SW Main Street, Suite 1100 Portland, OR ' Fax: (503)295-10597204 8 If to B &R: B&R Investments ' Attn: Bill Fagan 5908 S.W.Illinois Portland, OR 97221 Fax: ' With a copy to: I . . Fax: 4.5 Attorneys' Fees. If a suit,action,or other proceeding of any nature whatsoever(including any proceeding under the U.S.Bankruptcy Code)is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder,the prevailing party shall be entitled to recover its attorneys',paralegals', accountants', and other experts' fees and expenses and all other fees and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or ' on any appeal or review,in addition to all other amounts provided by law. 3 ::ODMAIPCDOCSIPORTLAND1524423\2 I • • I I 4.6 Cooperation. Opus shall have the right to apply for and obtain all . governmental approvals and permits required to construct improvements contemplated by this I Agreement, at Opus's expense. B &R shall cooperate with Opus in applying for and obtaining such approvals and permits. Such cooperation shall include,by way of example,prompt • execution of applications and similar documents upon Opus's request. I • 4.7 Foreclosure of Mortgage Liens. Upon any sale under foreclosure of any mortgage(s) or under the provisions of any deed(s) of trust,any deed-in-lieu of foreclosure,or I other acquisition of fee title pursuant to such instruments,the holder of such mortgage or deed of trust so acquiring title or any purchaser at such sale,and its successors and assigns, shall hold any and all property interest so acquired subject to all of the provisions of this Agreement. 4.8 Counte arts. This Agreement I rp greement may be executed in one or more counterparts, each of which shall constitute an original and which,together,shall constitute one and the same instrument. I IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first .set forth above. I Opus: OPUS NORTHWEST,L.L.C.,a Delaware limited liability company I By: fe5.)7, . _ �4' Its: I'ice -r--.1. ;- ene - V - -• - B &R: B &R INVESTMENTS,a general partnership I o P p By: J d cam, Dianne Fagan,Partner I B .. 1�.r 1 1 ' //M e I Ronald J. • it'uu,Trustee of the Ron- d& Kathleen Pulliam Living Trust,dated 1 I February 27, 1998,Partner By: • ■_���%%,r LLv i._ Kathleen Pulliam,Trustee of the Ronald& I Kathleen Pulliam Living Trust,dated February 27, 1998,Partner I 1 4C:1Documents and Setdngslbrianb\Local Settings\Temporary Internet Files\OLKBO\PORTL 111 I \c6 1 • r .fg"'', OFFICIAL SEAL KRI&TI GAUACU R ; � NOTARY PUBLIC-OREGON STATE OF OREGON ) �� COMMISSION NO.387642 r )ss MY COMMISSION EXPIRES DEC.13,2008 County of ) This instrument was acknowledged efore me on m� l), 2006, by r C /✓/=YJ-& L ,as VW f resided 1of Opus Northwes L.L.C., a Delaware limited liability company on behalf of the limited liability company. r Notary Public for the State of Oregon • My commission expires: I i. /3.oar r I . . i r r • • r r r r r 5C:\Documents and Settings\brianb\Local Settings\Temporary Internet Files\OLKBO\PORTL r `f-‘ • • I I STATE OF OREGON ) ,./ )ss I County of't'`JaUitq - ) This instrument was acknowledged before me on(PI a y 31) ,2006,by Ronald J. Pulliam,Trustee of the Ronald&Kathleen Pulliam Living Trust, dated February 27, 1998, as a partner of B& R Investments, a general partnership,on behalf of the partnership. • fry OFFICIAL SEAL /744 /4/- 4 / , :_ a MIST!GALLACHER r NOTARY PUBLIC-OREGON Notary Public for the State of Oregon �:7 COMMISSION NO.387642 My commission expires: I Z. /3 .6 MY COMMISSION EXPIRES DEC.13,2008 i STATE OF OREGON ) �� -, OFFICIAL SEAL • OTARTI GAU-OREGO I Oa a i-z )ss COMMISSION NO 887642 County of MY COMMISSION EXPIRES DEC.13,2008 This instrument was acknowledged before me on inaty30 ,2006,by Kathleen I Pulliam,Trustee of the Ronald& Kathleen Pulliam Living Trust, dated February 27, 1998, as a partner of B&R Investments, a general partnership, on behalf of the partnership. ��1 4t€A_ Notary Public for the State of Oregon My commission expires: I Z• / 3 . O S I STATE OF OREGON ) ss I County of /fit Bh— ) This instrument was acknowledged before me on DI , 2006,by Dianne Fagan, I as a partner of B&R Investments, a general partnership,on be alf of the partnership. •- . /, Notary Public for 1 - State of Oregon I -'.'''- OFFICIAL SEAL b 6KRISTI GALLACHER My commission expires: l l-/.3.Q cV -y. NOTARY PUBLIC-OREGON MY COMMISSION EXPIRES RES DEC.133,,2008 I I I 6C:1Documents and Settings\brianb\ ocal Settings\Temporary Internet Files\OLKBO\PORTL I I `(‘ I . • 1 EMThIT A Opus Property First Parcel ' A PORTION OF LOT 35, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD IN . WASHINGTON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, WASHINGTON COUNTY, OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: ' BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF LOT 35, FANNO CREEK ACRE TRACTS, A PLAT OF RECORD IN WASHINGTON COUNTY; THENCE ALONG THE EAST LINE OF SAID LOT 35, SOUTH 00°27'53" EAST, 130.37 FEET; THENCE LEAVING SAID LINE, SOUTH 89°30'44" WEST, 344.94 FEET TO THE ' RAILROAD RIGHT-OF-WAY; THENCE ALONG ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 05°07'46" (CHORD BEARS NORTH 11°13'00" EAST, 133.14 ' FEET) A DISTANCE OF 133.19 FEET TO THE NORTH LINE OF SAID LOT 35; THENCE ALONG SAID LINE, NORTH 89 030'44" EAST, 317.98 FEET TO THE POINT OF BEGINNING. CONTAINING 0.989 ACRES (43,080 SQUARE FEET). Second Parcel A tract of land located in Lots 38 and 39 of the FANNO CREEK ACRE TRACTS,in the i CLty of Tigard,County of Washington and State of Oregon, more particularly described as follows: ' Beginning at the Southwest corner of Lot 39,of said FANNO CREEK ACRE TRACTS; thence North 0°02' 40"West 35.00 feet along the Westerly line of said Lot 39;thence North 89°49' 20"East 57.94 feet;thence South 44°47' 35"East 203.02 feet to the Northwesterly right-of-way of S.W.Upper Boones Ferry Road;thence South 49°01' 10"West 110.00 feet along the Westerly right-of-way of said S.W.Upper Boones Ferry Road to the Northeasterly corner of a ' tract of land conveyed to Lester L. Bennett,et ux,by Deed recorded in Deed Book 320,page 274,Deed Records of Washington County, Oregon; thence North 44° 37' 35"West 214.40 feet along said Bennett Tract to the Northwesterly line of Lot 38, of said FANNO CREEK ACRE ' TRACTS;thence North 49° 01' 10"East 44.01 feet along the Northwesterly line of said Lot 38 to the true point of beginning. A-iC:\Documents and Settings\btianb\L.acal Settings\Temporary Internet Files\OLKBO\POR1 • • 1 1 Third Parcel Real property in the County of Washington,State of Oregon, described as follows: 1 PARCEL I A TRACT OF LAND, BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35,38 AND 39, FANNO .CREEK ACRE TRACTS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE NORTH 44° 37'45"WEST ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 37 AND 36,A DISTANCE OF 411.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF THE OREGON ELECTRIC RAILROAD;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.69 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 11°31'14" (THE CHORD BEARS NORTH 20° 13' 15"EAST, 292.611-tt 1)AN ARC DISTANCE OF 293.10 FEET; 111 THENCE NORTH 89°46'00"EAST ALONG A LINE THAT IS PARALLEL WITH AND LIES 122.78 FEET NORTH FROM THE SOUTH LINE OF SAID LOT 35,A DISTANCE OF 374.23 FEET TO A POINT ON THE EAST LINE.OF SAID LOT 36;THENCE SOUTH 00°03'15"EAST ALONG SAID EAST LINE 87.73 FEET; THENCE NORTH 89°45'50"EAST 57.84 FEET;THENCE SOUTH 42°21'40"EAST, 203.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SOUTHWEST UPPER BOONES FERRY ROAD; THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED RIGHT-OF-WAY ALONG THE ARC OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00°31'19"(THE CHORD BEARS SOUTH 48°45'21"WEST,3.83 FEET)AN ARC DISTANCE OF 3.83 FEET;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY SOUTH 49°01'00"WEST,501.18 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY PORTION LYING WITHIN PUBLIC ROADS TOGETHER WITH THE PORTION OF THE UNNAMED ROADWAY AND A PORTION OF SW FANNO CREEK • PLACE THAT INURE BY REASON OF VACATION,AS SET FORTH IN THE CITY OF TIGARD ORDINANCE NO.98-01,WHICH WAS RECORDED ON APRIL 21, 1999, AS FEE NO.99049066. 1 1 _� A ..0:\Documcats and 5ettings\bdaabllacal Settings\Temporary Internet Fles10LKS01POR1 • • • 1 EXHIBIT B ' B&R Property PARCEL I: ' That portion of Section 13,Township 2 South, Range 1 West of the Willamette Meridian,in the City of Tigard, County of Washington and State of Oregon, described as follows: ' Beginning at the intersection of Boones Ferry Road with the Beaverton Aurora Highway, from which beginning point,the Northwest corner of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,Washington County, Oregon is reached by running North 60°08' West 1453.3 feet; and thence North 89°58'West 1873.4 feet and running thence from said beginning point North 48°17' East 423.9 feet; thence North 45°52' West 450.52 feet to the Easterly boundary Line of the right of way of the Oregon Electric Railway; thence with said right of way, Southwesterly following a curve to the right above 215 feet to an iron pipe set at the most Northern corner of the tract conveyed to Thomas and Bendikte Medle,by Deed recorded in Book 125,page 416,Deed Records of Washington County,Oregon;thence South 45°52' East • ' 177.4 feet to the most Eastern corner of said Medle Tract;thence South 48°17' West 262.3 feet to the center of said highway,and thence South 60°08' East 189.3 feet to the place of beginning. ' PARCEL II: That portion of Section 13,Township 2 South,Range 1 West of the Willamette Meridian, in.the • ' City of Tigard,County of Washington and State of Oregon,described as follows: Being a part of the Northwest one quarter of the Northeast one quarter of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,in the County of Washington and State of ' Oregon. Beginning at a point in the center of County Road No. 534 at the intersection of the center line of said road with the Easterly boundary of the right of way of the Oregon Electric Railway, said point of beginning being South 60°08' East 1118.7 feet from an iron pipe on the ' North line of said Section 13 which iron is East 1873.4 feet from the Northwest corner of said Section 13,Township 2 South,Range 1 West of the Willamette Meridian,Washington County, Oregon;running thence along center of said County Road South 60°08' East 145.4 feet;thence ' North 48°17' East 262.3 feet to an iron;thence North 45°52' West 177.4 feet to an iron on the Easterly boundary of said Oregon Electric Railway right of way on a curve to the right 297.7 feet,more or less,to the place of beginning. B-1 ::ODMA\PCDOCS\PORTLAND\524423\2 I • • I 1 QQ EXHIBIT "C" 1 (, L) STORM DRAINAGE EASEMENT A PORTION OF THE NW 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 2 SOUTH, RANGE 1 WEST, W.M. 1"=100, CITY OF TIGARD, WASHINGTON COUNTY, OREGON MAY 19, 2006 1 /5)/ Pt. 23. / 36 ZRA c�S I s� �' � / o CREAK p,015' 'JAN 1 iii / / \ ��'S.\ S37 50'16"W P0 \ \ 20.16' I 4' /♦ /P.O.B. •:,:' 9� \ At 746 I 4+ ■/♦ /1. 15.00' IVDE\'s!. \\ 31 4 . . i �''� 4/ DRAINAGE \ \ AG-"- ' �O EASEMENT Ng*, pt ♦ S 5th , /1y 7,313 SF \' \ ♦ ;�` /s / .§:*:;-,:?:):-.:-....:-. • N73 52'13"W \\A \ / / ? �• 56.46' `9 \ ♦/ 4ryb/� E�' i�� & R 10 99�323 ♦♦ .. l�l %oC N ' .6 I OP ,... �. `� �' 1 r • ` .„,sb � ,„. ,PREPARED FOR'k■i,f k fr rQ,Q4 #7•∎, 4 e C / OPUS NORTHWEST 6/Q0∎ PREPARE 8Y: ... so 4.7:( , N.,.:\,sb / st,., 124* 1 AN LEGEND SET 5/8" IRON ROD W/ I/' DEVELOPMENT I YPC "KC DEVELOPMENT" / 2407 NE 292nd Avenue Camas,WA 98607 I • FOUND MONUMENT / p 360.834.2519 Fax.834.5498 I I 1 • 2407 NE 292nd Avenue ' =" Camas, WA 98607 360.834.2519 Ifax.834.5498 • DEVELOPMENT chalcumb @verizon.net A CERTIFIED WBE PROVIDING SURVEYING AND PLANNING SERVICES WITH A PERSONAL COMMITMENT TO EXCELLENCE. EXHIBIT "D" ' Easement Area Legal Description. 1 A 15.00 foot wide strip of land, being a portion of that Tract of Land described in deed to B & R Investments, recorded in Document Number 99132363, Washington County Deed Records, situated in the Northwest Ma of the Northeast �/a of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County ' of Washington, and State of Oregon, the centerline being more particularly described as follows: ' Beginning at a point on the Northerly line of that Tract of Land described in deed to B & R Investments, recorded in Document Number 99132363, Washington County Deed Records, which bears S44°57'03"E, 89.66 feet and S37°50'16"W, 20.16 feet from the 5/8" Iron Rod with a Yellow Plastic Cap inscribed "KC Development" marking the intersection of the Easterly Railroad Right of Way with the Centerline of vacated S.W. Fanno Creek Place; thence leaving said line, S37°50'16"W, 190.41 feet; thence N73°52'13"W, 56.46 feet; thence S34°43'26"W, 240.69 feet to the Northerly Right of Way line of S.W. Durham Road and the point of terminus. ' Containing 7,313 Square Feet. • • i i . 1 1 1 1 1 1 Page 1 of 1 Ili di Wa' shington County,Oregon 10130/2006 03:33:39 PM 2006-1 28782 II ONE Cnt=1 Stn=8 C PFEIFER - 685.00$8.00$11.00•Total=S82.00 • WHEN RECORDED RETURN TO: IIIl1I[ thlllI III) IIIIII1 IIIll9JIlllihIIIlIU' Ball Janik LLP ( 01 304632 06012878201 0 31 i.Richard Mobamkht.Director of Aas.asm.nt and ,,s:a�t Attn: Barbara W.Radler I ionana6otttetoCounyCt.rhferwuhh8ton 101 SW Main St.,Suite 1100 tng -.j7;.. . County.Oregon,doner.hyeattythat th.within tti ,. Imtrumard of mlt was nc.iv.d and neord.d fn life ��ti-'�' 1 Portland,OR 97204-3219 b..%efreeordaofaald ' I L.�- tea �• Mallard W,Itob.mleht,Clnetor of Mumma and -14.". ". t • Tuuolon,Ei.ORIeio County Clark I _ 1 DRIVEWAY AND ACCESS EASEMENT AGREEMENT �„ DATED: € C 911 Pf')r c ( ( BETWEEN: OPUS NORTHWEST,L.L.C.,a Delaware limited liability company ("Opus") I AND: B&R INVESTMENTS,a general partnership ("B&R") 1 Recitals: A. Opus acquired the real property legally described on the attached Exhibit A, ("Opus Property")on or about the date first set forth above. B&R is the owner of certain real Iproperty legally described on the attached Exhibit B("B&R Property"). The Opus Property is located to the northeast of the B&R Property. I B. Opus desires to construct a driveway along the vacated Fanno Creek Place as shown on the attached Exhibit C("Driveway"). Opus desires to obtain(a)a temporary easement over the B&R Property to construct the Driveway,and(b)a permanent easement over and I across a portion of the Driveway located on the B &R Property as described on the attached Exhibit D("B&R Easement Area"). C. B&R desires an easement over and across the portion of the Driveway located I 0) on the Opus Property as described on the attached Exhibit E("Opus Easement Area")pursuant ? to this Driveway and Access Easement Agreement(the"Agreement"). I N D. B&R and Opus are willing to grant the easements to each other as described in VI this Agreement. l Agreements: I V In consideration of the foregoing and the mutual covenants of the parties contained in this • Agreement,and for other good and valuable consideration,the receipt and adequacy of which are I Z z acknowledged,the parties agree as follows: I 1D I ::ODMATCDOCSIPORTt.AND1512308\5 • I I 1 I 1. Easements to Opus. • 1.1 Grant of Easements. B &R grants and conveys s to Opus(a) a temporary easement to enter the B &R Property for purposes related to the construction of the Driveway and related improvements ("Construction Easement"), and(b) a non-exclusive easement over . and across the B &R Easement Area for purposes of pedestrian and vehicular ingress to and egress from SW Upper Boones Ferry Road and the Opus Property("Opus Driveway Easement"). The Construction Easement and the Opus Driveway Easement are,together,referred to as the "Opus Easements"in this Agreement. 1.2 Restrictions. All activities on and use of the B &R Property and the B & R Easement Area as permitted by this Agreement shall be in compliance with all applicable laws, statutes, ordinances, rules,regulations, and requirements of any governmental authority ("Laws"). All work to be performed by Opus will be performed promptly,in a good and workmanlike manner, and free of liens filed against the B &R Property. 1.3 General. The Construction Easement shall automatically terminate and expire upon the completion of the Driveway without the necessity of any further action by the parties. The Opus Easements are granted as a benefit and right appurtenant to the Opus Property. The Opus Easements are granted for the benefit of Opus and its successors,assigns,employees, . contractors, subcontractors, tenants,business invitees, and licensees. I 2. Easements to B &R. 2.1 Grant of Easements. Subject to the rights and restrictions set forth in this ' Agreement and beginning on the Effective Date(defined below),Opus grants and conveys to B &R(a)a non-exclusive easement over and across the Opus Easement Area for purposes of pedestrian and vehicular ingress to and egress from SW Upper Boones Ferry Road and the B & R Property("B &R Driveway Easement"), and(b)a non-exclusive easement over and across paved drive aisles located on the Opus Property,as they may change from time to time, for purposes of vehicular egress from the B &R Property to the signalized intersection located at SW Upper Boones Ferry Road and SW 72"'Avenue for purposes of making a left turn on to SW Upper Boones Ferry Road("Left-Turn Easement").. The B &R Driveway Easement and the Left-Turn Easement(together, `B &R Easements") shall be effective on the date on which(i) • construction of a new building or the significant remodeling of existing improvements on the B &R Property is completed and(ii)the City of Tigard, Oregon requires that B&R or its successors and assigns use the Driveway as an alternative access to the B &R Property(the I "Effective Date"). The Left-Turn Easement shall be effective only if the Driveway does not provide a left turn onto SW Upper Boones Ferry Road. 2.2 Restrictions. The use by B &R and B&R's successors,assigns, , employees, contractors, subcontractors,tenants,business invitees,and licensees(the"B &R Parties")of the Opus Property and the Opus Easement Area shall be in compliance with all applicable Laws. The use by B &R and the B &R Parties of the Opus Property and the Opus Easement Area shall not interfere with the use of the Driveway or the Opus Property by Opus or 2 ::ODMA\PCDOCSIPORTLAND'512308\5 ' 1 I its successors,assigns, employees, guests, customers, contractors, subcontractors,tenants, Ibusiness invitees, lessees,mortgagees,beneficiaries under any deeds of trust, and licensees. 2.3 General. The B &R Easements are granted as a benefit and right I appurtenant to the B &R Property. The B &R Easements are granted for the benefit of B &R and the B &R Parties, subject to the provisions of this Agreement. 3. Maintenance,Repair. and Replacement. I If Opus elects to develop the O p us Property and if Opu s constructs improvements on the Driveway, Opus will construct such improvements at its sole cost and expense and in a good and Iworkmanlike manner. After completion of such improvements,the owner of the Opus Property shall have the sole obligation to maintain,repair,and keep the improvements on the Driveway in good condition,reasonable wear and tear excepted,and in compliance with all Laws. Beginning I on the Effective Date,as provided in Section 2.1,and continuing thereafter, the owner of the B & R Property will reimburse Opus for one-half(1/2)of the costs incurred for the maintenance, repair, and replacement costs of the improvements on the Driveway within fifteen(15) days after Iwritten demand for reimbursement. 4. Liability Insurance. IBeginning on the date on which construction of the Driveway commences and continuing until the Effective Date,the owner of the Opus Property shall maintain, at the owner of the Opus I Property's expense,commercial general liability insurance in an amount of at least$1,000,000 relating to all activities, operations and usages by the owner of the Opus Property on or about the B &R Property and shall cause the owner of the B &R Property to be added as an additional insured on such insurance. I5. General Provisions I 5.1 No Obligation. Nothing in this Agreement shall obligate,or be construed to obligate,Opus to construct any improvements. I 5.2 Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the easements described in this Agreement and supersedes all prior and contemporaneous agreements between them with respect to such I easements. 5.3 Easements to Run with Land;Binding Effect. The Opus Easements and the B &R Easements shall run with the land as to all property benefited and burdened thereby, I including any partition or division of such property. The rights,covenants, and obligations contained in this Agreement shall bind,burden, and benefit Opus and B &R and their respective successors, assigns,lessees,mortgagees, and beneficiaries under any deeds of trust. I5.4 Notices. Any notice which a party desires to give to the other shall be in writing and shall be effective when actually delivered in person or by telefacsimile or three(3) I business days after placement in the U.S.mails,postage prepaid as registered or certified mail, 3 ::ODMA\PCDOCSIPORTLAND1512308\5 I I • . ' return receipt requested, addressed to such other party at its address shown below or to such other address as such party(or its successor in title)may designate in writing to the other party (or its successor in title): If to Opus: Opus Northwest, L.L.C. 1 Attn: Brian Bennett 1500 SW First Avenue,Suite 1100 Portland, OR 97201 ' Fax: (503) 916-8964 With a copy to: Opus Northwest, L.L.C. Attn: Brad J. Osmundson 10350 Bren Road West Minnetonka,MN 55343 Fax: (952) 656-4814 With a copy to: Ball Janik LLP Attn: Barbara W. Radler 101 SW Main Street, Suite 1100 Portland, OR 97204 Fax: (503)295-1058 1 If to B &R: B&R Investments Attn: Bill Fagan 5908 S.W. Illinois Portland,OR 97221 Fax: ' With a copy to: Fax: • 5.5 Attorneys' Fees. If a suit, action, or other proceeding of any nature whatsoever(including any proceeding under the U.S. Bankruptcy Code)is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights hereunder,the prevailing party shall be entitled to recover its attorneys',paralegals', accountants', and other experts' fees and expenses and all other fees and expenses actually incurred and reasonably necessary in connection therewith, as determined by the court at trial or on any appeal or review,in addition to all other amounts provided by law. 5.6 Cooperation. Opus shall have the right to apply for and obtain all governmental approvals and permits required to construct improvements contemplated by this Agreement, at Opus's expense. B &R shall cooperate with Opus in applying for and obtaining 4 ::ODMA\PCDOCSTORTLAND\51230615 1 1 i . e . . 11110 I . such approvals and permits. Such cooperation shall include,by way of example,prompt Iexecution of applications and similar documents upon Opus's request. 5.7 Foreclosure ofMortgaue Liens. Upon any sale under foreclosure of any I mortgage(s)or under the provisions of any deed(s) of trust, any deed-in-lieu of foreclosure, or other acquisition of fee title pursuant to such instruments,the holder of such mortgage or deed of trust so acquiring title or any purchaser at such sale,and its successors and assigns,shall hold . Iany and all property interest so acquired subject to all of the provisions of this Agreement. 5.8 Counterparts. This Agreement may be executed in one or more counterparts,each of which shall constitute an original and which, together, shall constitute one Iand the same instrument. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first Iset forth above. Opus: OPUS NORTHWEST,L.L.C., a Delaware limited Iliability company By: - . zC.� iIts: Vi reside - nerai a--e w B &R. B &R.INVESTMENTS, a general partnership I - By iT (-4.--A-A4_12-) G . c1i.J Dianne Fa gan,Partner I By: I /. 4110 // i.% - Ronald J.Pulli. Irrustee of the Ronald&& I Kathleen Pulliam Living Trust, dated February 27, 1998,Partner LL By: /)//1 AI /?AJ.1t44w, /61,i,14h,c Kathleen Pulliam,Trustee of the Ronald& Kathleen Pulliam Living Trust, dated February 27, 1998,Partner I I 1 I . 5 ::013MATCDOCSIPORTLAND1512308\5 I 1 !Z OFFICIAL SEAL I KRIST1 GALLACHER VNOTARY PUBLIC-OREGON STATE OF OREGON � COMMISSION NO.387642 ss MY COMMISSION EXPIRES DEC.13,2008 ' County of �- s instrument was acknowledged bgfore me on M t y 3 C) ,2006,by t3� i IV2-7 C._ , as Vi'c e Mgr/0(61'6f Opus Northwest,L.L.C., a Delaware limited liability company on behalf of the limited liability company. gta4ZkeL 1 Notary Public for the State of Oregon My commission expires: 1 Z./3.d • • 1 1 1 t I 1 1 I 6 ::ODMAIPCDOCS\PORTLAND\512308\5 I i 'c/ • i - 0 OFFICIAL SEAL - KRISTI GALLAGHER k„ NOTARY PUBLIC-OREGON , STATE OF OREGON ) '�� COMMISSION NO.387642 I }ss MY COMMISSION EXPIRES DEC.13,2008 County of� � ) This instrument was acknowledged before me on/ `--31) ,2006,by Ronald J. I Pulliam,Trustee of the Ronald&Kathleen Pulliam Living Trust, dated February 27, 1998, as a partner of B&R Investments, a general partnership, on behalf of the partnership. 1 Notary Public for le State of Oregon M commission expires: /2./ 3.ZIP' I f' :r OFFICIAL SEAL �� IRISH GALLACHER STATE OF OREGON ) \ a NOTARY PSUSLIC.OREGON I COMMISSION NO.387642 County of&ILh,,,,//a )) ss MY COMMISSION EXPIRES DEC.13,2008 �i2� ""'"'" This instrument was acknowledged before me on c3� 2006,by Kathleen IPulliam,Trustee of the Ronald&Kathleen Pulliam Living T dated February 27, 1998,as a partner of B&R Investments, a general partnership, on behalf of the partnership. I ; ., ; / / Notary Public for the .to of Oregon My commission expires: l 2 •13.DS I • STATE OF OREGON ) ��q )ss I County of�le 4 ) This instrument was acknowledged before me onI ill / ,2006,by Dianne Fagan, Ias a partner of B&R Investments, a general partnership,on be talf of the partnership. A7 .. I Notary Public for the State of Oregon �'°'�, OFFICIAL SEAL My commission expires: /Os /,3.0 �.,�-,•- KRISTI GALLACHER I ;. NOTARY PUBLIC-OREGON �"'� COMMISSION NO.387642 MY COMMISSION EXPIRES DEC.13,2008 I . I 7 ::ODMATCDOCS\PORTLAND\51230Ih5 I 'C' • • I 1 EXHIBIT A Opus Property 1 Exhibit"A" Real property in the County of Washington,Slate of Oregon,described as fbilows: A TRACT OF LAND,BEING ALL OF LOTS 36 AND 37,AND A PORTION OF LOTS 35,38 AND 39,FANNO CREEK ACRE TRACTS,LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE NORTH 44°37'45"WEST ALONG THE SOUTHWESTERLY LINES OF SAID LOTS 37 AND 36,A DISTANCE OF 411.29 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY OF THE OREGON ELECTRIC RAILROAD;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY AND THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.69 FOOT RADIUS CURVE TO TIE LEFT THROUGH A CENTRAL ANGLE OF 11°31'14" (THE CHORD BEARS NORTH 20°13'15"EAST,292.61 FEET)AN ARC DISTANCE OF 293.10 FEET; THENCE NORTH 89°46'OD"EAST ALONG A LINE THAT IS PARALLEL WITH AND LIES 122.78 FEET NORTH FROM THE SOUTH LINE OF SAID LOT 35,A DISTANCE OF 374.23 FEET TO A POINT ON THE EAST LINE OF SAID LOT 36;THENCE SOUTH 00°03'IS"EAST ALONG SAID EAST LINE 87.73 FEET; THENCE NORTH 89°45'50"EAST 57.84 FEET;THENCE SOUTH 42°21'40"EAST,203.13 FEET TO A POINT ON THE NORTHWESTERLY RIGHT-OF-WAY OF SOUTHWEST UPPER SCONES FERRY ROAD; 'THENCE SOUTHWESTERLY ALONG SAID LAST MENTIONED RIGHT-OF-WAY ALONG THE ARC OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 00°31'19'(THE CHORD BEARS SOUTH 48°45'21"WEST,3.83 FEET)AN ARC DISTANCE OF 3.83 FEET;THENCE CONTINUING ALONG SAID RIGHT-OFWAY SOUTH 49°01'00°WEST,501.18 FEETTO THE POINT OF BEGINNING. • TOGETHER WITH THE PORTION OF THE UNNAMED ROADWAY AND A PORTION OF SW FANNO CREEK PLACE THAT INURE BY REASON OF VACATION,AS SET FORTH IN THE CITY OF TIGARD ORDINANCE NO.98-01,WHICH WAS RECORDED ON APRIL 21,1999,AS FEE NO.99049066. *PROPOSED LEGAL DESCRIPTIONS 140* PARCEL I: A TRACT OF LAND,BEING All OF LOTS 36 AND 37,AND A PORTION OF LOTS 35 AND 38,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON COUNTY,TOGETHER WITH A PORTION OF THAT VACATED ROADWAY PER DOCUMENT NO.99049066,WASHINGTON COUNTY DEED RECORDS, LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD, WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT INTERSECTION OF THE CENTERLINE OF SW FANNO CREEK PLACE WITH THE WESTERLY RIGHT OF WAY LINE OF S.W.UPPER BOONES FERRY ROAD,A 60•RDOT WIDE PUBLIC ROADWAY;THENCE ALONG SAID CENTERLINE,BEING A LINE PARAL.EE WITH AND 20.00 FEET DISTANT FROM THE SOUTHWESTERLY LINES OF LOTS 37 AND 36,SAID FANNO CREEK ACRE TRACTS, NORTH 44°57'03"WEST,404.05 FEET TO THE SOUTHEASTERLY RAILROAD RIGHT-OF-WAY;THENCE NORTHEASTERLY ALONG SAID RIGHT-OF-WAY,BEING ALSO THE NORTHWESTERLY LINES OF SAID LOTS 36 AND 35,ALONG THE ARC OF A 1457.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 07°18'50"(CHORD BEARS NORTH 22°44'39'EAST,185.95 FEEL)A A-i ::ODMA\PCDOCSIPORTLAND\512308L5 1 1 1 • DISTANCE OF 186.08 FEET TO THE WESTERLY EXTENSION OF THE SOUTH LINE OF SAID LOT 35; THENCE LEAVING SAID RIGHT OF WAY,ALONG SAID WESTERLY EXTENSION LINE,NORTH 89°34'55" EAST,31.79 FEET TO THE SOUTHWEST CORNER OF SAID LOT 35;THENCE ALONG THE WESTERLY LINE OF SAID LOT 35,ALONG THE ARC OF A 1487.70 FOOT RADIUS CURVE CONCAVE TO THE WEST, THROUGH A CENTRAL ANGLE OF 04°5349",(CHORD BEARS NORTH 169.3'48"EAST,127.12 FEET)A DISTANCE OF 127.15 FEET TO THE SOUTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO LARUSSO CONCRETE COMPANY,INC.,RECORDED IN DOCUMENT NUMBER 2000032753,SAID DEED RECORDS;THENCE ALONG THE SOUTH LINE OF SAID TRACT OF LAND,NORTH 89°30'44"EAST, 344.94 FEET TO THE EAST LINE OF SAID LOT 35;THENCE ALONG SAID LINE,SOUTH 00°2753"EAST, 122.21 FEET TO THE SOUTHEAST CORNER THEREOF;THENCE ALONG THE NORTHWESTERLY LINE OF SAID LOT 38,SOUTH 48°4138•WEST,44.27 FEET TO THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN DEED TO RICHARD D.AKERMAN AND JAMES E.WATHEY,RECORD IN DOCUMENT NUMBER 91063372,SAID RECORDS;THENCE ALONG THE SOUTHWESTERLY LINE OF SAID TRACT OF LAND,SOUTH 42°48'02"EAST,214.41 FEET TO THE NORTHWESTERLY RIGHT-OF-WAY OF SAID S.W. UPPER BOONES FERRY ROAD;THENCE SOUTHWESTERLY ALONG SAID RIGHT-OF-WAY,SOUTH 48°41'42"WEST,395.19 FEET TO THE MOST SOUTHERLY CORNER OF SAID LOT 37;THENCE SOUTH 49°19'55"WEST,20.06 FEET TO POINT OF BEGINNING. PARCEL II: A PORTION OF LOTS 38 AND 39,FANNO CREEK ACRE TRACTS,A PLAT OF RECORD IN WASHINGTON • COUNTY,LOCATED IN THE NORTHEAST QUARTER OF SECTION 13 AND THE SOUTHEAST QUARTER OF SECTION 12,TOWNSHIP 2 SOUTH,RANGE 1 WEST OF THE WILLAMETTE MERIDIAN,IN THE CITY OF TIGARD,WASHINGTON COUNTY,OREGON,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 39,FANNO CREEK ACRE TRACTS;THENCE ALONG THE WEST LINE OF SAID LOT39,NORTH 00°27'53"WEST,35.00 FEET;THENCE LEAVING SAID LINE, NORTH 89°34'55'EAST,57.94 FEET;THENCE SOUTH 42°36'45"EAST,202.94 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF S.W.UPPER BOONES FERRY ROAD;THENCE ALONG SAID RIGHT- OF-WAY,SOUTH 48°41'42"WEST,110.00 FEET TO THE NORTHEASTERLY CORNER OF THAT TRACT OF LAND CONVEYED TO LESTER L BENNETT,ET UX,PER BOOK 320,PAGE 274,WASHINGTON COUNTY DEED RECORDS;THENCE ALONG THE NORTHEASTERLY LINE OF SAID BENNETT TRACT OF LAND, NORTH 42°48'02"WEST,214.41 FEET TO THE NORTHWESTERLY LINE OF SAID LOT 38;THENCE ALONG SAID LINE,NORTH 48°4138"EAST,44.27 FEET TO THE POINT OF BEGINNING. • • i 1 1 1 1 A-2 ::ODMATCDOCSTORTLAND51230815 1 1 1 EXHIBIT B I B& R Property PARCEL L• 1 That portion of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,in the City of Tigard, County of Washington and State of Oregon,described as follows: I Beginning at the intersection of Boones Ferry Road with the Beaverton Aurora Highway, from which beginning point,the Northwest corner of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,Washington County, Oregon is reached by running North 60°08'West 1453.3 feet; and thence North 89°58' West 1873.4 feet and running thence from said beginning point North 48°17' East 423.9 feet;thence North 45°52' West 450.52 feet to the Easterly boundary line of the right of way of the Oregon Electric Railway;thence with said right of way, Southwesterly following a curve to the right above 215 feet to an iron pipe set at the most Northern corner of the tract conveyed to Thomas and Bendikte Medle,by Deed recorded in Book 125,page 416,Deed Records of Washington County,Oregon;thence South 45°52' East 177.4 feet to the most Eastern corner of said Medle Tract;thence South 48°17' West 262.3 feet to the center of said highway, and thence South 60°08' East 189.3 feet to the place of beginning. PARCEL II: That portion of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,in the City of Tigard, County of Washington and State of Oregon,described as follows: Being a part of the Northwest one quarter of the Northeast one quarter of Section 13,Township 2 South,Range 1 West of the Willamette Meridian,in the County of Washington and State of Oregon. Beginning at a point in the center of County Road No. 534 at the intersection of the center line of said road with the Easterly boundary of the right of way of the Oregon Electric Railway,said point of beginning being South 60°08' East 1118.7 feet from an iron pipe on the North line of said Section 13 which iron is East 1873.4 feet from the Northwest corner of said Section 13,Township 2 South,Range 1 West of the Willamette Meridian, Washington County, Oregon; running thence along center of said County Road South 60°08' East 145.4 feet; thence North 48°17' East 262.3 feet to an iron;thence North 45°52'West 177.4 feet to an iron on the Easterly boundary of said Oregon Electric Railway right of way on a curve to the right 297.7 feet,more or less,to the place of beginning. 1 B-1 ::ODMA\PCDOCS\PORTLAND1512308\5 1 1 i e I, IEXHIBIT C IDepiction of Driveway i EXHIBIT "C" ti:,) DRIVEWAY AND ACCESS I R EASEMENT AGREEMENT r=100' MARCH 22, 2006 c„, • r,... , ,it ; , ° t ,4 I v .... 4,4y /, ,,,, „, , 1 .1 r,,,/,. c.4 y v ii .h . • ` ti �Ft �. t I / ,4' J , •7.4fJ . '‘, / Cf NSMRI/CnaN ti :+; `,•R e.., /f/ ) 1 / / / EASEMENT 75.00• J i'; = ' /i I l� $ PERMANENT EIS M N lob-7:2%.7,i'..;,,;°., 7D a ir 70, + l.;;" /W RjaETCAnoN & PERMANENT ‘W-• �P.__. LEGEND • 717 "RM' ' .5. CORNER LOT 37° 4%. Q PREPARED FGA ` OP OPUS NORTHWEST sEP me x.o"RCN ROD si4 W/YPC °KC DEVELOPMENT" /' ¢.� PREPARED 8r. a FOUND Ef13'JRON ROD AT •/ LO r CORNER ' / `cS A,1��� l ei ' \?? l& t�EVELOPMENT \, ,/ �\ `v 2 97 NE242naAverue Omar,WA 98607 ` 360,E34.S14 `. 7 Faz_8345198 • C-1 :ODMA\PCDOCSIPORTL.AAJD>512308\S I . . • ' i EXHIBIT D ' B &R Easement Area Permanent Easement Legal Description A portion of that Tract of Land described in deed to B &R Investments,recorded in Document 1 Number 99132363,Washington County Deed Records, situated in the Northeast %of Section 13,Township 2 South,Range 1 West, Willamette Meridian,in the City of Tigard, County of Washington, and State of Oregon,being more particularly described as follows: 1 Beginning at the 5/8"Iron Rod with a Yellow Plastic Cap inscribed"KC Development"marking the intersection of the Northwesterly Right of Way line of S.W. Upper Booties Ferry Road and the centerline of vacated Fanno Creek Place, said point of beginning bears S49°19'55'W, 20.06 feet from the Most Southerly Corner of Lot 37,Fanno Creek Acre Tracts,a Plat of Record in Washington County; thence along said Right of Way line,S49°19'55"W,30.08 feet; thence leaving said line,N44°57'03"W,4.23 feet to a point of non-tangent curvature; thence along the arc of.a 16.50 foot radius curve concave to the West,through a central angle of 84°47'03" (Chord bears NO2°33'32"W,22.25 feet) a distance of 24.42 feet to a point of tangency: thence N44°57'03"W, 356.15 feet; thence N45°02'57"E; 15.00 feet; thence S44°57'03"E,379.06 feet to the point of beginning. Containing 5,807 Square Feet. ' Temporary Construction Easement Legal Description A portion of that Tract of Land described in deed to B &R Investments,recorded in Document Number 99132363,Washington County Deed Records,situated in the Northeast 'A of Section 13,Township 2 South,Range 1 West,Willamette Meridian,in the City of Tigard,County of Washington,and State of Oregon,being more particularly described as follows: Beginning at a point which bears S49°19'55"W,30.08 feet and N44°57'03"W,4.23 from the 5/8"Iron.Rod with a Yellow Plastic Cap inscribed"KC Development"marking the intersection of the Northwesterly Right of Way line of S.W.Upper Booties Ferry Road and the centerline of vacated Fenno Creek Place; thence N44°57'03"W, 387.81 feet to the Easterly Right of Way line of the S P &S Railroad at a point of non-tangent curvature; thence along the arc of a 1457.70 foot radius curve concave to the Northwest,through a central angle of 1°14'24"(Chord bears N27°01'16"E, 31.55 feet) a distance of 31.55 feet to the centerline of vacated Fanno Creek Place at a point of non-tangency; thence along said line, S44°57'03"E,24.99 feet; thence leaving said line, S45°02'57"W, 15.00 feet; thence S44°57'03"E, 356.15 feet to a point of curvature; thence along the arc of a 16.50 foot radius curve concave to the West,through a central angle of 84°47'03"(Chord bears S02°33'32"E,22.25 feet) a distance of 24.42 feet to the point of beginning. Containing 6,133 Square Feet. D-1 ::O DM A\PCDOCS\PORTLAND\5 12308\5 I 1 I 1 EXHIBIT E Opus Easement Area ' A portion of Lot 36 and 37,Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Northeast ''A of Section 13,Township 2 South,Range I West, Willamette ' Meridian, in the City of Tigard, County of Washington,and State of Oregon,being more particularly described as follows: Beginning at the 5/8"Iron Rod with a Yellow Plastic Cap inscribed"KC Development"marking the intersection of the Northwesterly Right of Way line of S.W.Upper Boones Ferry Road and the centerline of vacated Fanno Creek Place,said point of beginning bears S49°19'55'W,20.06 ' feet from the Most Southerly Corner of Lot 37,Fanno Creek Acre Tracts,a Plat of Record in Washington County; thence along the centerline of said vacated Fanno Creek Place, N44°57'03"W,379.06 feet; thence leaving said line,N45°02'57"E, 17.00 feet; thence S44°57'03"E,356.15 feet to a point of curvature; thence along the arc of a 16.50 foot radius curve concave to the North,through a central angle of 85°58'17"(Chord bears S87°56'12"E, 22.50 feet) a distance of 24.76 feet to a point of non-tangency: thence S41°18'18"E, 8.72 feet to the Northwesterly Right of Way line of S.W. Upper Boones Ferry Road; thence along said line, ' S48°41'42"W, 11.81 feet to the most Southerly corner of said Lot 37; thence continuing along said Right of Way line, S49°19'55"W,20.06 feet to the point of beginning. Containing 6,637 Square Feet. • 1 1 L I I E-1 ::ODMATCDOCSIPORTLAND151230615 1 EXHIBIT G - Fire Marshall Review 61N raiuiol..reeic riace Page 1 of 1 • ' Jeff Shoemaker From: Dalby, John K. [John.Dalby c@Dtvfr.com] ' Sent: Wednesday, December 20, 2006 4:57 PM To: Jeff Shoemaker Subject: Fanno Creek Place ' Pursuant to our conversation this afternoon, the number of fire hydrants (5) for this project is acceptable as fire regulations are concerned. Y O p 1 ptable insofar We trust this will clear up this issue. Please call me if you need anything further. ' John K. Dalby, Deputy Fire Marshal II Tualatin Valley Fire & Rescue, North Division 14480 SW Jenkins Road Beaverton, OR 97005-1152 503-356-4723 1 1 ' 12/20/2006 May 11 06 01 : 32p NORTH DIV FMO 503 644-2214 p. 2 t1 ' Thalatin Valley Fire Sr Rescue I ' Bill Thrush,EIT Project Designer WRG Design,Inc. ' 5415 SW Westgate Drive,Suite 100 Portland,OR 97221 May 11,2006 RE:Fanno Creek Place Dear Mr.Thrush, ' We have reviewed your revised drawings for fire department connection locations in the Faro Creek Place project. We find the revisions acceptable and thus give the proposal our final approval. We trust this letter will clear this most recent hurdle. If you need anything further,please call me. ' Sincerely, Otic- ' • s K.Dalby,Deputy Fire Marshal II ' alatin Valley Fire&Rescue,North Division 14480 SW Jenkins Road ' Beaverton,OR 97005-1152 503-356-4700 1 North Division Office 14480 SW Jenkins Road,Beaverton,OR 97005 Phone:503-356-4700 Fax:503-644-2214 www.tvfr.com / 1 1 Fire Marshal's Division Offices Tualatin Valley North- 14480 SW Jenkins Rd., Beaverton, OR 97005, (503) 356-4700 iFire & Rescue South -7401 SW Wash Ct., Tualatin, OR 97062, (503)612-7010 This worksheet is required to be submitted to and approved by the Authority Having Jurisdiction (AHJ)before any permits for new building construction,building expansion or fire hydrants will be I issued by any building department within the TVF&R District. See the instructions for assistance completing this form or call one of the above numbers. Preparer Name: 1Jeff Shoemaker IPhone:1503-419-2500 1 Fax: 503-419-2500 IArchitect I Engineer of Record: 'Kevin Russell I Phone:1503-419-2500 I Fax: 503-419-2500 1 . 1 Project Name: 'Fanno Creek Place I . Project Address: 116037, 16045, 16083 SW Upper Boones Ferry Rd I ICity:ITigard I County:Washington Zip: IConstruction Type(s): 'Type IIB and IIIB I Total Bldg Area: 72,255 sqft 1 - Total Fire Area: 72,255 sqft IBldg Fire Flow: 5806 Gallons Per Minute(Light Hazard) Describe Fire Area:{it more than one fire area,include an 8112 x 11 or 11 x 17 drawing indicating the various fire areas) The included fire area is the total square footage of the largest building,Building A. 1 Type of Occupancy or Use of Building: Office Building I I • • I I Kk ,}a''Ix`j,g vy..,:;{.'k' eY v .«,� --.1 xj F d a ' a �, x { ' a I f./_v�i.,:.+,>M l i.�:..i nit-,._: N( '_ csi,�i� " ' .,r��2'.sVk..�S'�����'?.�� r�t'��F ���z� X2.$' Al Determine percent of each occupancy hazard in the fire area. Li•ht Hazard 72255 SF 72,255 SF 100 % Ordina Hazard Gr• 1 0 SF 1 SF 0 % 111 Ordina Hazard Gr• 2 0 SF 1 SF 0 Extra Hazard G • 1 0 SF ! 1 SF 0 % Extra Hazard G • 2 0 SF t;;. 1 SF o I Total Must equal 100% I 100 % I A2 Calculate Fire Flow I • 1.0 100 % 5806 GPM 5806 GPM• I O - ' -f . 1.2 .:: 0 % 5806 GPM 0 GPM Ordina Hazard G • 2 1.3 0 % 5806 GPM 0 GPM Extra Hazard G • 1 1.4 0 % 5806 GPM 0 GPM I Extra Hazard Gr• 2 1.5 0 % - 5806 GPM 0 GPM A3 Required Fire Flow I 5806 GPM I I ';';Y Y- C" Y j4 +t' --: 1 �"'3' �'p^d- t.u,f'� t"-- 1,y 4 i ,`.yyfy�.-'L-i�5:'s3�.1 R °Kt_ m_.,. ..� R 6_?„t1•'',. I a..., ..nst�.c.:;:F.n,.1'-...5::,.! 1"..N %1:,- 7a A yiM..... .i.,:117',:? 1,1 R I equired Fire Flow 5806 = 6 No.of Hydrants Required 4 � Ti iCCIg$r .° f`z„F=.-�.°.r�','����°�'-a,:ra _ __:6° o aft ra��-�:e c „'.t��* M C1 • Reduced by 25%for all Group R Occupancies without fire sprinklers(multiply by .75) C2- Reduced by 25%for a NFPA 72 Fire Alarm System(multiply by .75) I C3- Reduced by 75%for NFPA 13 Automatic Sprinklers(multiply by .25) I D1 - Group R occupancy No x 1 = I 5806 GPM(Max.3000-Min. 1500 gpm) I D2 - Fire Flow 5806 GPM X 0.25 = I 1500 GPM(Max.3000-Min. 1500 gpm) I IE. Available Fire Flow to the Building ( Test Results: 9,473 GPM Manually enter available fire flow here. Please attach documentation of the flow test that was made. It shall include date, time, location of static/residual and flow hydrants, and the tester's I name, phone number and address. I I 0 • FLOW TEST 1 DATE: 2.006C, TEST NUMBER:•I TIME: cB 4 144 LOCATION: {/q i)Jn[D C RDA' k WEATHER: C k 1,A ATTENDING PERSONNEL: I1. un l4Qs. S E.bf(3 (LOCATION SKETCH ON BACK) 2. 404\ eMeD2... I3. 1< iA 1,--(s k 2 . 4. I Rrz.Actvwk l l©W(V1 HYDRANT . 1 HYDRANT. 2 NOZZLE SIZE 2 112" 4" 2112" 4" ISTATIC PRESSURE AND GAGE NUMBER ' O Co I RESIDUAL PRESSURE "" AND GAGE NUMBER p 2-„ PITOT PRESSURE S l�� . Ahk : _ AND GAGE NUMBER / I FLOW G.P.M. A COMPUTED FLOW AT I 20 P.S.I. RESIDUAL WATER COLOR DESCRIPTION I REMARKS: 632 I3 -3bS 1 Q332c I • I S ) ' 2A4 lcv., 4/7-j --------'274: a I • �E:i•,gia:r.�.-,..a:141P,:,,, pa.waif ••'•°�*.^+t9h5�f:.9:•2iv • FLOW AT SPECIFIED PRESSURE ,. .. ;.:. ~. ." � •:Y=__ TOM• STATIC= _, $ :„.:_ 106 PSI ' F=�i : Ps—P=A • RESIDUAL= 102 PSI �: _: Ps—Pr-B • FLOW= 1807 GPM `' 5 NB=C PRESSURE= 20 PSI .a�.J C”. 4=D y�a:, . .� . 5 AVAILABLE FLOW= 9472.72 GPM :• ? •:r; MI OM 11011 N MI - • i NM OM - r NM • - • - MN OM OM M MI MI M — — — — E OM — M M I r - - Mills Supply Flow Curve Project roj ct t - ,-.` . Test Date:Static Hydrant: Design n GPM: Flow Hydrant ..T.,,:-::.„.,,,:- Design PSI: , Ps - a; -`r< VTest Static Pressure Reading Available Pressure at Design GPM: 106.0 PSI Pr ?e % c Test Residual Pressure Reading PSI Headroom: 106.00 PSI 100% GPMr 1807 GPM Test Flow at Residual Pressure GPM Headroom: 10625 GPM #DIV101 Hyd•Coet: z f3 .;. Pilot PSI:> h Outlet Dtam.IN:..., r `i 4" Hyd.Flow: 1807 GPM Flow Test Summary Curve Q^1.85 120- _ _ — 100 _ - _ _ _ --a--e- so _ . _ . — — — . _ -•-PSI a - ' • Design Point = 60 - _ - . . - . w a 0. _ _ . 40 . 20 _ _ 0 _ -4 o. ■ 4 , 0 500 1000 1500 2000 2500 3000 3500 Flow OPM Flowchart Printed 8n/2006 EXHIBIT H - Proposed Utility Easement qi N I N —, 11110 111111 I I I.111 MI IPROPOSED I 1 C] PRIVATE DRAINAGE UTILITY EXHIBIT o L J SYSTEM (SEE CC&R'S) FOR 2 ' T FANNO CREEK COMMONS 1"=100' II 1 LOCATED IN THE NE 1/4 OF i .,• SECTION 13, AND THE,SE ry / 1/4 OF SECTION 12 T.2S., R.1W., WM.,/ IQ TIGARD, WASHINGTON 1 / COUNTY, OREGON. R. / ij- , ' LANDSCAPE EASMENT JANUARY 18, 2007• C' / L'� `\ DOC. NO. 2006-128780 CS J� Irl I ri BUILDING A �! . LEGEND: "PR WE" PRIVATE Z p WATER EASEMENT ,q' V I I i' ' p"`^�L �� "PRSSE" PRIVATE SANTARY ^� III 11111 11 l``\\\ SEWER EASEMENT• pi 1S' i /°4 1 a EXISTING \`\ / /4 '° SSE i� 3 I a ���*i�`� ♦` BUILDING `\\v fib ( vim. Q / / :,, ` �� "' ` BUILDING B •� .NC� ` ■ �� ` / / /// t v��v �����„ 0 ,,�-v. •' / if/ \.2 ''' 14 / , , \ \\ ,0 oc / ,_ctik., 40. / /� ` \\�\•\ PRIVATE DRAINAG .\O AP , t �Q• PREPARED FOR: / �/ �/ 47.00' `\\ •\\\ \\SYSTEM (SEE CC&R'S) �� / Q OPUS NW, L.L.C. � / ACCESS i, P Q,• , EASEMENT �`� `� `A , ,Z / JQ `G' 1500 SW FIRST AVENUE, #1100 - '/\15.00' DOC. NO. `\ `� �. \ /�`L' / PORTLAND, OR 97201 2006-128782 \\\\ �\\ •i 5•-/ STORM DRAINAGE `� �� i PREPARED BY: EASEMENT `, `\\ ��, / KCD LLC DOC. NO. ` ` ` 2006-128781 "\\" ' 2407 NE 292ND AVENUE CAMAS, WA 98607 F 111 i3.nT.•TT i = A■ ./ - — -- -- TTr, — — _ 6. e io I sn AI / 2n w / III SITE INFORMATION 0 111 g ANL.. Ta. 767 canTw000 LAG aar \ dJ o-0s,>, / �a ..."_...... nw' EX'uT�NGmLOTS 6300„,,. / �.in xfr a �[�ly�� M TAX LOT 346 23431 V 6577 M / .` / PROPOSED LOTS / .'Y; ...` ���,, .■ ..3326 2.123 K b / \ / �.y ,� 'x4m� ,0013 n.2w s aaa w / �' / /r.::-..------,... r kg "i. '`Cy, T.K.>E..6 PROPOSED L0T3 AFTER ROW DEDICATION w 2\ �a � ' 211.775 JV [mT7q �4��E2II.Mi} / I Ixf23 Y k U LOT/ of\ e` V,ry ,:. 4]I3e Y b�J 2L3W MOAK 1..2 V ROTC 01:01.11011 TO MOM LOT 3 CL (17)' CL w Y cc I— 111 \ 3,20'0 °> / , ' a U N \� \ 44.00 /��/ a w O a / .44.0 \ \ •vt H Z o umrzrtt \ i \�` LEGEND Z OM LL 1700 POOKOCO 1•000.000 KCVO \\ \\'\ 4'i.”' .;'~ ,aP ,67 4. '4Q ILK ON a W 00010 Km K,,.mot ———— TO vTr \ w.. °TY�S 4004., : puma 452101T U` COSMO STOW 0311011.T 0000 002,00 CITY '4 \ • ',Ye:, / /OPT 640000 LOT u4 ....................................... uTUn cso2E.T \\a. \ ..i yQ- • .s,/////56' \\ \ ,,, ,1„,,,,.,..: / SRE INFORMATION n Tao /0'00.r \ . Tiro 60014,00 \\ / / taaE.,�oiur \\ \ I\ \ /// „ " _• a. N / os - W SCALE. 1"=200' z 0 z 100 50 0 100 a w ¢ a fLi > s CL o CO y This instrument was prepared by and after recording return to: Ball Janik LLP Attn: Barbara W. Radler 101 SW Main Street, Suite 1100 Portland,OR 97204 DECLARATION OF RECIPROCAL EASEMENTS, COVENANTS, CONDITIONS AN'D"R°ESTRICTIONS;_;-;;. FOR FANNO CREEK PLACE '}h S.Cis it THIS DECLARATION OF RECIPROCAL'EASEMENTS, COVENANTS CONDITIONS AND RESTRICTIONS FOR FANNO'CREEK PLACE ("Declaration") is made as of , 2007,by Opus Northwest L,L.C. a Delaware limited liability company("Declarant"). RECITALS:;:::: A. Declarant,is"theowner of those certain parcels land depicted as Parcel 1 through 3 on the site plan attacledto this Declaration and made a part of this Declaration as Exhibit A, and situated on_the land=legally described on Exhibit B attached hereto and made a part of this Declaration,and:_is the:owner of the buildings and improvements on the Land (the GG P 77 Im rovement s -,..� Each of Pa B Parcels 1"through 3, together with the Improvements thereon, if any, is sometimes hereinafter referred to individually as a "Parcel" and collectively as the "Parcels" or the"Project? The Project iscommorilyknows as Fanno Creek Place. C. `:':Declarant desires to impose certain easements, covenants, conditions and restrictions upon tlle_Parcels for the purpose of facilitating the economic and related development of the Project. NOW, THEREFORE, in connection with the development of the Project, Declarant does hereby declare that each of the following grants, easements, covenants, conditions and restrictions shall exist at all times hereafter and be binding upon, and inure to the benefit of, each Parcel in the Project. 1 C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL r t 1. EASEMENT DECLARATIONS AND GRANTS. (a) Parking and Access. rL L L 4,Arr (i) Generally. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a nonexclusive easement appurtenant to each Parcel upon, over and across the access, interior and perimeter driveways and parking areas, including any parking decks, sidewalks, walkways, trailways and driveways of the Project, for the purpose of providing the owner from;=tine to time of each Parcel and its tenants and occupants and their respective employees, customers, agents, contractors and invitees having business in the Project with (x) vehicular(includi':rg'`repair and maintenance vehicles, but excluding construction vehicles, except as hereinafter provided), pedestrian, and bike ingress and egress to, from and between each Parcel (y)use of the parking facilities, if any, located within each of the Parcels, and (z)use of the driveways of the Project:for.access to SW Upper Boones Ferry Road; provided, however, Declarant may designate,from time-to,,time, certain portions of such parking facilities as reserved:for-::.use of employees of tenants and occupants of the Project, in which event such employees:shall,,-:park only in such designated areas and in no other location on any of the Parcels. The owner"o ;each Parcel shall furnish to Declarant upon request a complete list of;l:icense numbers of`all!:automobiles operated by such employees. If any such employees, after twelve(.12) hours noticefrom Declarant, fail to abide by any parking designations established by Declarant•,..then in addition to any other rights or remedies that may be available to Declarant`Peclarantshall.:have the right to impose fines upon such employees who park on.any portion of the,Project in`violation hereof and/or cause the vehicles of such employees'tobetowed at the sole cost and expenses of such employee. The owner of each Parcel shall not park nor permit the tenants, occupants, employees, customers, agents, contractors.orinv>tees of its Parcel to park,at.anytime in more than the number of parking spaces allocated ow er.:.'_.s,Parcel. Each Parcel's allocated number of parking spaces shall be.afrfraction of the::total.nuber:ofparking spaces in the Project, the numerator of ......... which is thetnumber ofrentable square feet of space in the building on the Parcel and the denominator of which` s tlie,total number of rentable square feet of space in all buildings of the Proi 04%, F/De_ IL 04.4i (ii) Exclusions. Service areas, inc using •.•• : : - : . • .421ing facilities, and dnve through 140s, if any(collectively, "Service Areas"), shall not be subject to the easement grant;set.forth in=Section 1(a)(i) of this Declaration. (b) Storm Water Drainage. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each Parcel, a non- exclusive easement appurtenant to each Parcel (i) over, across and upon the surface of the ommon Area s . herein defined) and any existing drainage ditches, culverts and swales which present y n ough the Common Areas for the sole and exclusive purpose of permitting the natural flo and drainage of storm water accumulating and originating on each Parcel to the storm drai 3 age lines depicted on the utility plan attached hereto and made a part hereof as Exhibit C, .ubject to the conditions set forth in clauses (x), (y) and (z)below, as and to the extent ` G L C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL r t • applicable, and subject to the effect of any improvements presently located or hereinafter constructed on the Common Areas, and (ii) over, across, upon and under the portion of the Common Areas located above the subsurface storm sewer and drainage lines and surface drainage ways depicted on Exhibit C (collectively, the"Storm Sewer System") for the sole and exclusive purpose of running and transferring water accumulating and originating on each Parcel to the Storm Sewer System, together with the right of access to the portion of the Common Areas located above the Storm Sewer System and areas adjacent thereto as may be reasonably and temporarily necessary for purposes of installing, maintaining, repairing;replacing, removing, enlarging and renewing the non-public portion of the Storm Sewer System,if any, subject to the conditions that (x) The owner of each Parcel shall not permit the flow of toxic or hazardous �- substances or any other substance from such Parcel into.:tle<Storin Sewer System which is not permitted to be discharged into the public storm sewer serving the Project byay;Yapplicable law, statute or regulation or otherwise; (y) The owner of each Parcel shall not permit`'any other party or property to �_.. discharge water onto the Project and no right to transfer orrun;water is granted hereunder other than to the owner(s) of each such Parcel`forwater accumulating:and originating on such Parcel; and (z) No such running or transfemng:of;:water shall'result in water being L_ discharged at a rate or in a volume in excess of that permitted bythe design standards for the ' Storm Sewer System. (c) Sanitary:'`Sewer. Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares`and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel,;oe h racross,::.upon and under the portion of the Common Areas located ab.oe the,,sanitary;sewer lines'hnd'related appurtenances depicted on Exhibit C (collectively, the"Sanitary Sewer;S:ystem") for the sole and exclusive purpose of permitting the flow of:wastewater, sewage and related.:;materials through the Sanitary Sewer System, together with"the' ght,of access to theportion�ofthe Common Areas located above the Sanitary Sewer 7 System and areas adjacent thereto as may be reasonably and tem _arilytecessary for purposes of installing,maintaining, repairing, replacing, and renewin a n cT on-publi ion of the Sanitary Sewer System, if any Gj-Wb J(,t cPU (d) Water: °Subject to the conditions and limitations hereinafter set forth, Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel, over, across, upon and under the portion of the Common Areas located above the water lines and related appurtenances depicted on Exhibit C (collectively, the "Water System") for the sole and exclusive purpose of permitting the flow of water through the Water System, together with the right of access to the portion of the Common Areas located above the Water System and areas adjacent thereto as may be reasonably and temporarily 3C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL r r necessary for purposes of installing, maintaining, repairing, replacing, and renewing the non- public portion of the Water System, if any. (e) Gas, Electric, Telephone, Cable Television and Communication. Declarant hereby declares and grants for the benefit of each of the Parcels, a non-exclusive easement appurtenant to each Parcel under, along and across those portions of the Common Areas as may be temporarily and reasonably necessary for the purposes of installing, maintaining, repairing, replacing, and renewing utility lines or systems serving each Parcel (collectively, "Utility Lines"), for gas, electrical, telephone, cable television and communication"service (and any other utility facilities that may be reasonably necessary for the orderlydev lopment and operation of the improvements from time to time located within the Parcels)::to eacllsuch Parcel and not otherwise previously created by any applicable plat of subdivision, sulject=to the conditions that (i) All Utility Lines shall be under 'ound except " ';_'::::. .1�' p � (a) ground mounted electrical;and telephone transformers and junction boxes and temporary emergency:generators, (b) as may bei.necessary during periods of construction, repair or temporary service;. (c) as may be req :ired.lygovernmental authorities having jurisdiction over the Project;:;:;,_: `"asay be requiredby the provider of such service; (e) ';; fire hydrants or for manhole and manhole covers; and nerators':i�ffrst';ap ge proved by Declarant; (ii) `At least fiftee `.(15)days prior to exercising the easement rights granted herein_thewner of the Parcel benefited by the easement rights granted by this Section 1(e) ("Grantee").::shall provide the of'the Parcel whose Common Areas is to be burdened by the easement rights.granted by this,Section 1(e) ("Grantor") with a written statement describing the need for such easement and identifying the proposed location and width of any such proposed Utility Line. TheTocation and width of any such proposed Utility Line shall be subject to the prior approval of the raptor, which approval shall not be unreasonably withheld or delayed. The easement area shall the no wider than reasonably necessary to satisfy the requirements of a private or public utility. Within thirty(30) days after the determination of the location of any such easement area, the Grantee shall, at its sole cost and expense, record a written declaration referring to this Section 1(e) and setting forth the legal description of such easement area. Further, the Grantee shall, at its sole cost and expense, promptly following installation of any such Utility Line, provide the Grantor with a copy of an as-built survey showing the location of such Utility Line; and 4C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLK I\PORTL 5S) gik iii) The Grantor shall have the right at any time to relocate the easements granted herein by the Grantor, provided that (a) the easements so relocated will be of substantially equivalent usefulness for the purposes stated herein, (b) all costs to effect such relocation shall be paid by the Grantor, (c) the Grantor shall interfere with the business being operated on the Grantee's Parcel as little as reasonably possible in the exercise of the Grantor's rights herein, and (d) the Grantor shall provide prior written notice of any such relocation to the owner(s) of the Parcel(s)benefited by the easement(s)being relocated. (f) Common Areas. Declarant hereby reserves to itself aril"declares and grants for the benefit of the Project, a non-exclusive easement over, across,upon and under those portions of the Common Areas as may be necessary for the purpose of,,permittng^Declarant to perform its obligations in accordance with the provisions of Section 5(c)`'ofthis Declaration. (g) Construction.. Declarant hereby reserves"for itself and declares and grants for the benefit of the Project, a non-exclusive easement over,across, upon and under those.portions of • the Common Areas and the Parcels as may be necessary;for thepurpose of constructing, installing, maintaining, repairing, replacing and renewing the:buildings and improvements thereon including, without limitation, the entrance areas ofth'e„Project, the Common Areas improvements, retaining walls, lines, irrigation systems and other:..utilities and systems which are or may be located in the Project to service any part of the Project,including any of the Parcels, and the like. (h) Monument Sign. Declarant hereby.reserves:to itself and declares and grants for the benefit of the Project,.a;non-exclusive easement over, across, upon and under Parcels 2 and 3 for purposes of constructing, installing, maintaining, repairing, replacing and renewing the proposed Project monument sign. ” ` (i) Miscellaneous= Thewnerof;;each-Parcel in the exercise and use of the rights and privilege,S:3040anted,siOhnot create'a nuisance or do any act which would materially and adversely affect theP_roject or:part thereof. Any work to be performed in connection with the easement rights granted;herein (other,than any work to be performed in connection with the easement fights granted in Sections 1(f)`'l(g), and 1(h) above) shall be subject to the provisions of Section 4(b)(i) hereof, and'tle owner(s) of the Parcel(s)benefited thereby shall, at their sole cost and expense;.::comply with;the same; if more than one Parcel is benefited by such easement rights, the cost of'complianceshall be equitably shared between such Parcels based upon the nature and extent ofItle>easement rights benefiting each such Parcel. The easements granted in Sections 1(b), (c), (d),a d(e) herein are located in and restricted to the area below the surface of the ground, and this Declaration grants no right to use, occupy or alter any area of the ground surface above said easement areas except as reasonably and temporarily necessary to afford access to said easement areas. Declarant hereby reserves non-exclusive easements under, over, through and across the sidewalks, interior and perimeter driveways, parking areas, ramps, landscaping, walkways, trailways, aisles, or retaining walls on any of the Parcels and all other areas of any of the Parcels, 5C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • • except that area underlying any building located (or to be located) on any of the Parcels, for the purposes of installing, maintaining, repairing, replacing, renewing and using such water system lines, telephone and electrical conduits or systems, gas lines, drainage lines and other utilities which are or may be located in the Project to service any part of the Project, including any of the Parcels, and reserves the right to change from time to time the dimensions and location of the Common Areas located on any Parcel then owned by Declarant, as more particularly set forth in Paragraph 16 hereof. Each Parcel owner shall maintain any private utility lines located on its respective Parcel (and, if required by the public utility, any public utility on its respective Parcel). If any such utility line is used exclusively by another Parcel_;:ownekthen said other Parcel owner shall be solely responsible for the maintenance of saidutility lines and the costs of such maintenance; if more than one Parcel is benefited by any:.such utility,line, then the maintenance of said utility lines, and the costs of such maintenance, sliallbeiequitably shared between such Parcels based upon the nature and extent ofthe;\benefit of sueh`}utility line to each such Parcel. Declarant covenants that in the exercise.of the easements hereby`:reserved, Declarant shall not disturb any Parcel owner's use:of its Parcel'except as reasorably:_and temporarily necessary, and Declarant shall interfere *the business being operated on any such Parcel as little as reasonably possible in the exercise of Declarant's rights herein. •`Without limiting the generality of the foregoing, in the event the exercise of the easements hereby reserved detrimentally affects the condition:of any portion ofthe?Project,Declarant covenants and agrees to restore the Project, or part tlereofto the condition existing prior to the exercise of the easements hereby reserved including, without=limitation, any filling and compacting of all excavations, repaving of paved areas, and replacement landscaping. In addition, prior to the exercise of the easements hereby,reserved, Declarant shall provide reasonable advance notice to any Parcel owner whose:Parcel=;:would be affected thereby, and Declarant shall schedule performance of any work to be performed with the owner of the Parcel affected thereby such that performance of such`work_will not;;unreasonably interfere with the business being operated upon such Parcel. ; -;:::; 2 - DURATION. The': asements,covenant s, conditions and restrictions herein contained`shall be perpetual, shall"create mutual benefits and covenants running with the land and shall be binding upon;anyowner,tenant, or occupant of the Project and their respective heirs, personal representatives` successors and assigns. A 1 vrixj Ic 124:soiTh CCU2g E LOT(5) 3. 'COMMON AREAS. The sidewalks, driveways, roadways, parking areas, signs, recreation area , . .. . . .' - arcing walls, walkways, fountains and associated water features, detention areas, trailays :;aisles, and other facilities of the Project designed for use by all tenants and occupants of the Project, and their employees, agents, customers and invitees as the same may exist from time t6 time, are herein together referred to as the "Common Areas". The Common Areas shall not include any buildings (including any appurtenant canopies, supports and other outward extensions) or hardscape areas associated with any buildings constructed on any Parcel or Service Areas. For purposes of this Declaration, hardscape areas shall mean the area between the perimeter building walls and the curbline on any Parcel. The Common Areas shall not be used for any purpose other than pedestrian movement and the parking and passage o f motor vehicles and bicycles, landscaping, signage, in each case subject to reasonable, non- 6C:\Documents and Settings\jims\Local.Settings\Temporary Internet Files\OLKI\PORTL discriminatory rules and regulations as may be established by Declarant from time to time, including, without limitation, rules and regulations governing traffic flow, traffic management, parking and the like, to facilitate access and parking with respect to each Parcel. Without • limiting the generality of the foregoing, Declarant reserves the right to erect, install and implement, as the case may be, traffic signs and signals, traffic control devices (including, without limitation, speed bumps and/or tire stops), access and security control measures and the like to facilitate the orderly administration and use of the Common Areas by those parties entitled to use the same. Declarant reserves the right to remove any unauthorized signage from the Common Areas. 4. CONDITIONS AND RESTRICTIONS. or vry (a) Parcels. Except as permitted by the;prior"written approval of Declarant, no building, structure or other improvement shall be constructed or maintained:`on any Parcels ,v unless such building, structure or other improvement Shall conform to the followin`g.covenants and requirements: ` ` ' (i) No rooftop sign nor any sigh extending above the walls or parapet of any building or structure shall be erected or maintained with to any such building or v structure and no sign, whether a rooftop sigor_otherwise, shalrciKelude,any flashing, pulsating or rotatin g light(s). li . ( ) (ii) No freestanding:;pylon:or monument type identification sign (other than any such sign erected_.by`or;on behalf of Declarant pursuant to Section 1(h) hereof)may be erected on any of the Parcels without Declarant's`;prior written approval. Notwithstanding the foregoing, there maybe::erected entrance-exit sigris`;to facilitate the free flow of traffic, the type and location of such sigristo:;be approved by Declarant,which approval shall not be unreasonably withheld or delayed- Allsigns_for:theParcels at the Project shall be subject to and in compliance with allapplicable;laws and`regulations. Declarant reserves the right to remove any unauthorized signa'ge' ,, ( u) ;;...No improvements shall be constructed, erected, expanded or altered on`ayof the Parcels until the plans for the same(including site layout, signage, civil engineering drawings (including finished floor elevations), exterior appearance, parking, if any, _ and landscaping)have been approved by Declarant, which approval shall not be unreasonably withheld so long asqhe;plans'therefor are otherwise substantially in accordance with Declarant's project development plans"submitted to and approved by the City of Tigard, Oregon ("City") as part of the planned development of the Project. All construction work shall, upon approval of plans by Declarant, be prosecuted with all due diligence, and subject to the conditions and limitations herein contained. (b) Construction; Landscaping; and Building Maintenance. Use and enjoyment by the owner of any Parcel of the easement rights and declarations herein granted shall be subject to the following terms, covenants and restrictions. 7C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL (i) The owner of each Parcel (each, a"Constructing Owner"), shall pay all reasonable costs and expenses incurred by any other Parcel owner due to damage to the Project arising from or related to such Constructing Owner's construction operations at such Constructing Owner's Parcel. No Constructing Owner shall materially obstruct the free flow of pedestrian or vehicular traffic upon and across the Project during any period of construction at such Parcel or at any time thereafter. During such period of construction, such Constructing Owner shall cause the interior driveways of the Project to be maintained free of all materials and supplies arising out of or resulting from such Constructing Owner's construction and otherwise in a neat and orderly condition undisturbed from such Constructing?O ner''s construction operations. Any vehicle or equipment used in such construction.or any materials used in such d construction shall be parked or stored only in an area approve in writing:by Declarant. Each Constructing Owner agrees to defend, indemnify and hold harmless each'other Parcel owner from and against any and all loss, cost, damage, liability;"claim or expense( cluding, without limitation, reasonable attorneys' fees and costs) arising from or relating to such':Constructing Owner's construction operations. All construction;operations at such Constructing Owner's Parcel shall be performed in a lien-free and good`and` orkmanllce::manner, in accordance with all laws, rules, regulations and requirements, including` ithout limitation, such reasonable, non- discriminatory rules and regulations for the Parcels as maybe`promulgated by Declarant. No Constructing Owner shall permit or suffer.'any.mechanic's liens;`:claims to be filed or otherwise asserted against the Project in connection with=;;such Constructingwner's construction operations, and shall promptly discharge thesamem case of the filing of any claims for liens or proceedings for the enforcement thereof, or in the event s ch;Const ucting Owner in good faith _ desires to contest the validity,oramount of any:mechanic's`lien 'such Constructing Owner shall have the right to contest:the`validity or amount of any such mechanic's lien, provided that (i) such Constructing Owner deposits'with the owner'of the Parcel affected by such mechanic's lien cash or a letter of credit or:other security reasonably:acceptable to such affected Parcel owner in an amount equal to one hundred fifty (150 06)`of the amount of said lien to insure payment and_prevent any saleTor:forfeiture o f any'part of the affected Parcel by reason of nonpayment(ii)neither:the affected,.Parcel nor any part thereof or interest therein would be in any substantial danger of l emg sold, forfeited, or lost, (iii) such affected Parcel owner would not be in°any substantial danger any civil:;or criminal liability for failure to comply therewith; and (iv) such Constructing Owner promptly notifies such affected Parcel owner, in writing, of such contest. Any such contest shalt be prosecuted with due diligence and such Constructing Owner shall promptly after_the final determination thereof pay the amount of any such lien, together with all interest, penalties and other costs payable in connection therewith. Any such letter of credit deposited hereunder=shall be issued by a national bank reasonably acceptable to such affected Parcel owner. '= All materia en c• ractors, artisans, mechanics, laborers and any other person now or herea` - I 's ing any labor, services, materials, supplies or equipment to a Constructing Owner or such Constructing Owner's Parcel, or any portion thereof, are hereby charged with notice that they must look exclusively to such Constructing Owner to obtain payment for the same. Notice is hereby given that no owner of any Parcel(other than the Constructing Owner) shall be liable for any labor, services, materials, supplies, skill, machinery, 8C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • fixtures or :: •ipment-€trr • or to be furnished to the Constructing Owner upon credit, and that no r echariic's lien or other lien or any such labor, services, materials, supplies, machinery, fixtures o -. - _ -- ; . . o or affect the estate or interest of the owner of any Parcel (other than the Constructing Owner) in and to such owner's Parcel, or any portion thereof Each Constructing Owner and its tenants and their respective contractors and subcontractors shall be solely responsible for the transportation, safekeeping and storage of materials and equipment used in connection with such Constructing Owner's construction operations, and for the removal of waste and debris resulting therefrom. In the event any Constructing:Owner's construction operations detrimentally affect the condition of any portion of the Project, such Constructing Owner shall restore the Project, or part thereof, to its condition existing prior to commencement of such Constructing Owner's construction operations, including'withoutlimitation, any filling and compacting of all excavations, repaving of paved areas.,and.replacement of landscaping. No such construction operations shall result in a labor dispute'.`or encourage labor:disharmony. Prior to commencement of such Constructing Owner's construction operations, such Constructing Owner shall obtain, at its sole cost and expense, and;maintain during the performance of such Constructing Owner's construction operations, workers:_compensation insurance covering all persons directly employed by such Constructing Owneri ;corinection with such Constructing Owner's construction operations and with respect to which death or injury claims could be asserted against Declarant, such Constructing_Owner, the Projector any interest therein as required by applicable laws and regulations j together with commercial,general liability insurance for the mutual benefit of Declarant and suciferonstructing Owner with limits not less than the amounts set forth in Section 7 hereof, and all'-isk builder':srisk jnsfirance for full insurable value covering any improvements constructed. All such.:;insuranceshall be written by solvent insurance companies hogged**State of Oregon and all such policies of insurance or binders of insurance shall be del vered to'tio.eclarant prior`'to,commencement of such Constructing Owner's construction operations. ^., (ii) Each Parceli :shall:;belandscaped in accordance with a plan approved by Declarant'and otherwise in accordance with the requirements pp :;:..,y qu ements of the City, such landscaping to include"sodding, planting of trees, shrubs and other customary landscape treatmetand, if required`b:yDeclarant or"the City, an underground sprinkler system. Landscapirig_shall be kept rit aneat and attractive condition and appearance including, without limitation, **mowed, edges trimmed, and trees, shrubs and other landscape treatment properly maintained. Each Parcel shall not be fenced (unless such fence acts as a temporary barrier to a construction zone`during construction on such Parcel or acts as a perimeter boundary for any approved outdooreating area on such Parcel) or obstructed in any way but shall be kept open at all times for thefree use thereof, except that curbs, landscaping or bumper stops may be erected on any such Parcel in order to define the boundaries of such Parcel. Any dumpster serving any Parcel shall be screened (other than dumpsters used during temporary construction operations) in a manner reasonably satisfactory to Declarant and consistent with the architectural and aesthetic character of the balance of the Project. Each Parcel owner shall maintain the exterior of all buildings located on such Building owner's Parcel in good condition and state of repair, including without limitation, maintaining all perimeter and building walls and retaining walls, keeping the exterior store front surface clean, replacing any cracked or broken glass. 9C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL 0 1. Declarant hereby reserves unto itself, the right to cure any failure of any Parcel owner to make such repairs, maintenance or restoration as are required under the aforesaid covenants, conditions and reservations and as required under Sections 5 and 8 hereof; provided, however, Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such owner has not cured such failure within ten (10) days after delivery of such notice or, in case such cure cannot be effected within said 10-day period and such owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure, and provided further that, with respect toagailure by such owner to maintain insurance set forth in Section 4(b)(i) and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injry'or damage to persons or property, the aforesaid cure period shall not apply. All reasonable costs::incurred by Declarant in performing such repairs, landscaping, maintenance or restoration shall.be due from any such• owner upon demand, and, in addition, such owner shall,payinterest on suchcosts from the date of expenditure by Declarant until the date of reimbursement by any such owner'Z an interest rate(the"Interest Rate") equal to four percent (4°4y):per,.annum in excess of the published prime rate of interest of U.S. Bank National Association(or siilar institution if said bank shall cease to exist or to publish such a prime rate) provided that such rate shall`not exceed the highest rate permitted by applicable law. Any of the foregoing restrictions maybe,waived amended' modified released or terminated at any time and from time to time,;.by Declarant as to anyone or more of the Parcels. 5. REPAIR AND MAINTENAN;CE:,:O'F COMMON N AREAS; COMPLIANCE WITH LAWS `REAL ESTATE;TAXES. (a) p,=°:Repairs and°Maintenance. Except as otherwise expressly provided herein, each Parcel owner shall;''Ouch Parcel.owner's sole;ycost and expense, in a manner consistent with"Class A" office projects:::in the greater:Portland, Oregon metropolitan area (i) keep such ..:.::::. owner's Parcel` including any`C;ommon Areas=located thereon, free of obstruction, clean, swept and in good repair arid'renew any'portions thereof as necessary, (ii) remove snow and ice from the perimeter driveways andparking areas'located on such Parcel owner's Parcel, (iii) keep any CommonAreas located on such Parcel=:owner's Parcel lighted during hours of darkness when any business operations located;upon such Parcel owner's Parcel are open for business, (iv) keep the parking areaslocated on such Parcel owner's Parcel properly striped to assist in the orderly parking of cars, (v)provide trash service for such owner's,Parcel, (vi)maintain all curbs and related site improvements;including all Service Areas and hardscape areas, if any, located on such Parcel owner's Parcel in good order, condition and repair, (vii) keep such Parcel owner's Parcel neat and orderly,and planted in grass and trimmed until improved and constructed; thereafter, such Parcel owner shall keep the landscaping located on such Parcel owner's Parcel landscaped in accordance with the requirements of the City, such landscaping to include sodding, planting of trees, shrubs and other customary landscape treatment and, if required by Declarant or the City, an underground sprinkler system; (viii) maintain the Storm Sewer System in good working order; and (ix)perf such other maintenance and repairs as are customary for"Class A" office projects in the gr ter Portland, Oregon metropolitan area. All maintenance and P1-243 TO 0-3LICr-S Cam 3 F7' 10C:\Docu/ents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL iikJ PU Ie. repairs shall be done as quickly as possible and at such times and in such a manner as shall minimize any inconvenience to the business conducted in the Project and to delivery vehicles servicing such business. (b) Compliance With Laws; Payment of Real Estate Taxes; Universal Common Area Maintenance Items. (i) Generally. Each Parcel owner shall complywith all laws, rules, regulations and requirements of public authorities relating in any magifefikhatsoever to such Parcel owner's Parcel, and shall pay one hundred percent (100%) of:the(x) real estate taxes which are due and payable for each such Parcel owner's Parcel:and`i'nsurance premiums payable with respect to each such owner's Parcel required by Section44(b)(i) and;';Section 7 hereof, (y) repair and maintenance expenses for the Common Areas::Service Areas and fhardscape areas, if any, located on each such Parcel owner's Parcel, and (z)amounts due and payable to the City in connection with repair and maintenance of any public (including :without limitation, any trailways, and landscaping within=#ublcrights of;way) located on`or:adjacent to each such Parcel owner's Parcel. For purposes of this Declaration real estate taxes shall include all taxes, installments of assessments and governmental charges of any kind and nature whatsoever, including any area-wide assessment, levied or assessed against the Project and any improvement thereon. (ii) Universal Common Area MaintenanceItems. Anything in Section 5(b)(i) to the contrary notwithstanding, Declarant shall (a),maintain and repair all utility lines and retaining walls within:;tle:Common Areas,°including anyimgation lines, and make payment of any and all real estate taxes,insurance premiums and other similar charges attributable thereto, (b) maintainsthe Common Areas security program, if any, (c) maintain any Project identification signage, (d)::1maintain and repair the roads, perimeter driveways and entrance areas of the Parcels and related site and infrastructure;;.improvements, and make payment of any and all real estate taxes, insurance premiums, and other similar charges attributable thereto, (e) maintain and repair the landscaping;..^lighting systems, sprinkler and irrigation systems and related improvements in the Common Areas`'(t):maintain and repair the fountains and any associated water features and make payment of any and all real estate taxes, insurance premiums and other similar charges;::attributable thereto, and (g)perform any other Common Area maintenance to the extent the sarrie covers services directly benefiting a Parcel owner's Parcel, but which cannot be billed to or contracted..for separately by the owner of such Parcel (collectively, "Universal Common Area Maintenance'Items"). :°(iii) Payments. In addition to payment of amounts described in Section 5(b)(i), each Parcel owner shall pay to Declarant on a quarterly basis, in advance, in accordance with Declarant's estimate, and subject to adjustment after the end of the year on the basis of the actual costs for such year, its respective proportionate share of the cost of the Universal Common Area Maintenance Items. For purposes of this Section 5(b)(iii), the proportionate share of the cost of the Universal Common Area Maintenance Items for each Parcel shall be allocated among each of Parcel 1, Parcel 2 and Parcel 3 based upon the anticipated rentable area of each such 11 C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • • building located on each respective Parcel (i.e., 68,512 rentable square feet for Parcel 1, 5,185 rentable square feet for Parcel 2, and 51,110 rentable square feet for Parcel 3, to be further adjusted to the actual rentable area of each office building once a building permit is issued for any such office building, and increasing or decreasing from time to time as physical changes are made to an office building affecting its rentable area. (c) CAM Election. Declarant may from time to time elect ("CAM Election") to maintain and repair the Common Areas located on one or more of theParcels in the manner hereinafter set forth. Any such CAM Election shall be in writing and shall'be given to each of the owners of the Parcels subject to the CAM Election, and shallspecify a date (no earlier than ninety(90) days following the date of the CAM Election) by which Declarant intends to commence maintenance and repair of the Common Areas located on tle:Parcels subject to the CAM Election. In the event Declarant makes a CAM Election(i) Declaratshall, subject to reimbursement as provided herein, cause to be maintained and repaired the Common Areas located on the Parcels subject to the CAM Electiomconsistent with the terms and:_:provisions of Section 5(a) and Section 5(b) hereof, other than providing trash service for any Parcels subject to the CAM Election, (ii) the owner of each of the Parcels`sbjectto the CAM Election shall not be required to so maintain the Common Areas located on its respective Parcels notwithstanding the provisions of Section 5(a) and Section 5('b:),hereof, but shall continue to provide trash service for such owner's Parcels, shall continue to maitainthe Service Areas�and the hardscape areas located on such owner's Parcels, and shall comply=;w.ithall laws, rules regulations and requirements of public authorities relating in uany mariner:whatsoever to such owner's Parcel as provided in Section 5(b) hereof.(iii) the ownerof::each of the::garcels subject to the CAM Election shall not be required`tomake the quarterly payments contemplated by Section 5(b) hereof, it being understood that such,,,amounts shall_be paid monthly as part as such Parcel owner's proportionate'share of CAM Expenses (as herein defined), and (iv) the owner of each of the Parcels subject to the`CAAM Election,,shall pay tolDeclarant its proportionate share of CAM Expenses in equal.;.monthly installments in:;advance, as reasonably estimated by Declarant, and subject to adjustment:after the end:of each calendar year on the basis of the actual costs for such year In_the event the GAM,,Expenses estimate is delivered following January of the applicable calendarkyear, said amount, so estimated, shall be payable in equal monthly installments, in advance,o ;the first day of each month'for the balance of such calendar year, with the number of installments'1Ving equal to the number of full calendar months remaining in such calendar year Declarant may re-:estimate the of CAM Expenses from time to time during any calendar year Each such Parcel Owner's proportionate share of CAM Expenses shall be a fraction, the numerator of which`shall:bethe rentable square foot floor area of the building located on such Parcel owner's Parcel,'arid the denominator of which shall be the total rentable square foot floor area of all buildings located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Election, Declarant may promulgate such reasonable, non-discriminatory rules and regulations for the Parcels subject to the CAM Election as Declarant deems reasonable and necessary, and the owners of each of the Parcels subject to the CAM Election shall be bound thereby. 12C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • . • The term"CAM Expenses" shall include all Universal Common Area Maintenance Items and all other expenses incurred with respect to the maintenance, lighting, cleaning, inspecting, painting, repair, operation and replacement of the improvements (including, without limitation, retaining walls, landscaping, hardscaping and equipment, such as lighting poles, parking meters and fixtures located within the Common Areas) of the Common Areas located on the Parcels subject to the CAM Election, and certain other costs as more particularly described below, as determined by Declarant's accountant in accordance with prudent industry standards, including, without limitation, insurance premiums for the Common Areas located=onthe Parcels subject to the CAM Election; all costs and expenses of maintaining, operating,replacing, repairing, repaving, lighting, striping, salting and sealing the parking areas.,.including any parking decks, perimeter driveways and entrance areas of the Common Areas located on..the Parcels subject to the CAM Election, and any and all real estate taxes, insurance premiums= and other similar charges attributable thereto; all costs and expenses of removing debris from and for security protection for the Common Areas located on the Parcels subject to the CAM`Election; all costs and expenses of all service and maintenance contracts..;for the Common Areas located.;.on the Parcels subject to the CAM Election, including, withot;limitation windows and general cleaning, surface water, pest control, electronic instruction, f re'rcontrol and telephone alert systems; costs of collection and disposal of all trash and garbage; all costs and expenses for machinery and equipment used in the operation of the CommofAreas located on the Parcels subject to the CAM Election; all costs andexpenses of maintaining`and.repairing sprinklers and other fire protection systems, irrigation systems,and;Beating, air conditioning, electrical, gas, water, telephone and other utility systems serving the Common Areas located on the Parcels subject to the CAM Election,_:all.costs and expenses of planting maintaining and replacing landscaping and shrubbery fortheCommon Areas located on`the Parcels subject to the CAM Election; maintaining,and repairin` traffic signals:and all costs and expenses of traffic regulation, directional signs and traffic consultants, permits, program service and loudspeaker systems; all costs and expenses of operating, maintaining, repairing and replacing any non-public utility system serving-the._CommoriAreas located*the Parcels subject to the CAM Election; all reasonable charges`for;.interest on nd depreciation of equipment installed in, or improvements or ns` alteratio made to, the'Common Areas,.which are for the purpose of reducing energy costs, maintenance costs or otherCAM Expenses, or which are required under any governmental laws, regulations orordinances which were required as of the date hereof, so as to amortize the cost of such`'equipment, improvements or alterations over the reasonable life of the same on a straight line basis,the costs ofruniforms, supplies and materials used in connection with the operation and maintenance0 the Common Areas located on the Parcels subject to the CAM Election; the cost of providing employment and so-called fringe benefits for employees involved in the operation and maintenance of the Common Areas located on the Parcels subject to the CAM Election; amounts paid to contractors or subcontractors for work or services performed in connection with the operation, maintenance repair and replacement of the Common Areas located on the Parcels subject to the CAM Election; the costs (including rental) of maintaining a management office in the Project; without duplication of any of the foregoing, the cost of the Universal Common Area Maintenance Items; and such other costs or expenses as may be ordinarily incurred in the operation, maintenance, repair and replacement of common areas and 13C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • not specifically set forth herein, including a reasonable management fee(not to exceed 15% of the foregoing costs and expenses). v s�- Al 4,,tfr- a •> �> Declarant may from time to time elect to cancel ("CAM Cancellation") any CAM Election and no longer be responsible for the repair and maintenance of the Common Areas located on the Parcels subject to the CAM Election in the manner hereinafter set forth. Any such CAM Cancellation shall be in writing and shall be given to each of the owners of the Parcels subject to the CAM Election, and shall specify a date, no earlier than ninety (90) days following the date of the CAM Cancellation, by which Declarant shall no longer=be responsible for the maintenance and repair of the Common Areas located on the Parcels subject to the CAM Election. In the event Declarant makes a CAM Cancellation ,the owner;of each of the Parcels subject to the CAM Election shall, on the date specified in the°;CAM Cancellation, resume responsibility for the maintenance and repair of the Common:;Areas located on:,its respective Parcel in the manner required by Section 5(a) and Section 5(b)hereof and shall resume making the quarterly payments contemplated by said Section5(b). Nothing herein contained preclude Declarant from making a CAM Election"subsequent to-a:;:CAM Cancellation (d) Books and Records. Declarant shall t a ;the request of any Parcel owner, make available to such Parcel owner fore°its;inspection and examination during Declarant's normal business hours all of the books and`:records that relate to qh :determination of the amounts due and owing as provided in Section 5(c)hereof 'D,eclarant also agrees to make such books and records available during Declarant's normal business`hours„to an independent certified accountant (which such independent certified accountant shall`notbe compensated in whole or in part on a contingency fee:basis);selected by any;such Parcel owner, for review and audit, at the requesting Parcel owner's sole costnd expense: If such audit reveals an error in any such amount or adjustmert ''an°appropriate adjustment slallbe made based upon such audit, and if any such error reveals an overpayment byany such Parcel owner in excess of 5% of the amount actually due and:owing by anysuch`�Parcel ownereDeclarant shall pay the reasonable cost of such and it INDEMNIFICATION The owner of each Parcel agrees to defend, indemnify and hold'Vrmless the other Parcel owners and from and against any and all claims, actions, damages, finesliabilities and;expenses of every kind, nature and sort whatsoever(including reasonable attorney's fees, court costs and expenses) which may be imposed upon, incurred by or asserted against the indemnified party or its property in connection with loss of life, personal injury and/or property darriage arising from or relating to any occurrence in, upon or at the indemnified Parcel owned by the indemnifying party, or any part thereof, or from exercise by the indemnifying party of the easement rights granted herein, except to the extent caused by the willful or negligent acts or omissions of the indemnified party or to the extent covered by insurance. With respect to any indemnification provided for hereunder, the indemnifying owner shall immediately respond and take over the expense, defense and investigation of all such claims arising under this indemnity. 14C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • • soi Each Parcel owner("Releasing Owner") shall release and waive for itself, and each person claiming by, through or under it, each other Parcel owner("Released Owner") from any liability for any loss (including any deductible loss) or damage to any property of such Releasing Party located upon any portion of the Project and for any business conducted upon any portion of the Project, without regard to any negligence on the part of the Released Owner which may have contributed to or caused such loss, or of the amount of such insurance required to be carried or actually carried; provided,however, the foregoing release shall not apply to any loss or damage attributable to an environmental condition caused by the Released Owner:•Each Parcel owner agrees to obtain, if needed, appropriate endorsements to its policies;ofnsurance with respect to the foregoing release. 7. INSURANCE. Each Parcel owner shall cause to be procured and maintained commercial general public liability insurance with a combined single limitof;no less than $3,000,000.00 on an occurrence basis, which policy or°policies shall: (a) name as an additional insured`the'=Declarart:and Declarant's:Wanagement agent; (b) be written by solvent.insurance companies.;,licensed in the State of Oregon and rated at least A/X by A.M. Best Insuranc e;;Service (or such similar service in the event A.M. Best no long er exists (c) provide that such policy;or policies'may;not be canceled by the insurer • without first giving each named;insured and Declarant at least<:thirty(30)days' prior written notice; (d) protect and insure the parties;:designated in clause (a) above on account of any loss or damage arising"from injury;ordeath;to:.persons or damage or destruction to property caused by or relaied:toor occurring on (i) anys ich Parcel; (ii) any construction or reconstruction that any_such Parcel'owner,may''perform in connection with such owner's Parcel; and (iii) any act or,omission of any such:;°Parcel owner,,and its respective agents, employees, licensees, invitees orcontractors on any portion of such Parcel; include contractual liability coverage insuring the indemnity obligations provided for herein . (f) :;provide for severability of interests; and- (g) provide that an act or omission of one of the insureds or additional insureds which would void or otherwise reduce coverage shall not reduce or void the coverage as to the other insureds or additional insureds. Any such coverage shall be deemed primary to any liability coverage secured by any other Parcel owner covering such owner's Parcel. 15C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLK I\PORTL • Each Parcel owner shall also keep any building improvements located on its Parcel insured in an amount equivalent to the full replacement value thereof(excluding foundation, grading and excavation costs) against loss or damage by fire and such other risks of a similar or dissimilar nature customarily covered with respect to buildings and improvements similar in construction, general location, use, occupancy and design to such building improvements. Nothing herein contained shall prevent any Parcel owner from taking out insurance of the kind and in the amount provided for hereunder under a blanket insuranee;,policy or policies which may cover other properties owned or operated by such Parcel:owner`as well as its Parcel; provided, however, that any such policy of blanket insurance of the'kind provided for shall specify therein the amounts thereof allocated to such Parcel or-sucli'Parcel owner shall furnish each other Parcel owner with a written statement from the insurers under=such policies specifying the amounts of the total insurance allocated to such Parcel :and provided farther, that such policies of blanket insurance shall, as respects such Parcel, contain the various°::provisions Z/ required of such an insurance policy by the forego.ing:provisions of this Declaraton;;;F;urther, if any Parcel owner demonstrates to Declarant that it las'!ktangiblenet financial worth in accordance with generally accepted accounting principles.::oft least$250,000,000:00, as evidenced by financial statements certified by its chief financial officer, such Parcel owner may th elect to act as a self insurer in respect to' e-insurance coverages required to be maintained under this Declaration. If such Parcel owner so elects;:;:.to become a sel`f-insurer,such Parcel owner shall deliver to Declarant and to each other Parcel=;owner notice in writing of the required coverages which it is self-insuring setting forth the amounts, liitsandscopeof the self-insurance in respect to each type of coverage_:self-insured. Any;:such Parcel`owner agrees to defend, indemnify and hold harmless each:other Parcel owner from and against any loss, cost, damage, expense (including attorneys' fees`and court costs),.claim, cause of action or liability that would have been covered by theinsurance:policy replacedby;the self-insurance. Each Parcel,owner shall,:,deliverb'ndersorcertificates of such policies of insurance to Declarant arid`to'each other Parcel'::owner upon demand. 8 ;\ DAMAGE:AND DESTRUCTION. In the event of any damage or destruction to any buildings;to be constructeq on anyof the Parcels, the owner of said Parcel shall either(i) promptly remove all rubble and debris resulting from such damage or destruction and shall commence restoration within"six (6) months of such damage or destruction and shall complete restoration of such'damage or destruction within twelve (12)months after the date thereof, or(n)„, _ forthwith remove all=rubble and debris resulting from such damage or destruction and restore the site to a safe, orderly and clean condition as soon as possible and maintain landscaping as • required by the City, provided that the time periods described herein shall be deferred for a period, not to exceed an aggregate of three hundred sixty-five (365) days, equal to any delay caused by reason of strikes, lockouts, labor disputes, inability to obtain labor, materials or reasonable substitutes therefor, acts of God, governmental restrictions, regulations or controls, enemy or hostile governmental action, civil commotion, insurrection, revolution, sabotage, fire or other casualty, acts or governmental agencies, or other causes (other than lack of funds) beyond the reasonable control of any such Parcel owner. 16C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL s • 9. USE. The Project shall not be used for any activity proscribed on Exhibit D attached hereto and made a part hereof. All uses, buildings, structures and improvements shall comply with all applicable zoning ordinances of the City. 10. NOT A PUBLIC DEDICATION. Nothing herein contained shall be deemed to - be a grant or dedication of any portion of the Project to the general public or for the general public or for any public purposes whatsoever, it being the intention of Declarant that this • Declaration shall be strictly limited to and for the purposes herein expressed. Declarant shall �'- have the right to close any portion of the Project owned by Declarantfo`tle'°'extent as may, in Declarant's reasonable opinion, be necessary to prevent a dedication dedicatialthereof or the accrual of any rights to any person or the public therein; provided, however,.in the e_excise of any rights pursuant to this Section 10, shall use commercially reasonable;efforts to'minimize interference with any of the easements granted by this Declaration. 11. RIGHTS AND OBLIGATIONS OE LENDERS. If by virtue`'of any right or obligation set forth herein a lien shall be placed upon ariy..,._one of:the Parcels, such`°lienshall be expressly subordinate and inferior to the lien of any firstnortgage`lienholder now`'or hereafter C-- placed on such Parcel except those liens recorded prior to`recordation of any such first mortgage. Except as set forth in the preceding sentence, however, any holder of a first mortgage lien on any one of the Parcels, and any assignee or successors,in interest of such,f rst mortgage lienholder, shall be subject to the terms and conditions conditionsfiliikOeclaration. 12. ENFORCEMENT. The covenants "conditions;_arid restrictions set forth herein shall be enforceable only by:Declarant, and shall:be enforceable by (a) _;:`Injunctive relief, prohibitive;`:or mandatory, to prevent the breach of or to enforce the performance or;observ,..ance of said covenants, conditions and restrictions; or y:j:ud .: ..;;;;;:_,;; _-, .;,.mone.. .u...... ent` or _amages by reason of the breach of said covenants, condition and restnctions;..or (c) An combinatio of the foregoing. In addition, i'tl e.event any Parcel owner fails to comply with the covenants, conditions and restrictions set forth,;in this Declaration, Declarant may take such action as Declarant deems appropriate to effectsuch compliance without waiving Declarant's rights under this Declaration, at law or in equity and`without releasing such Parcel owner from compliance with the covenants, conditions and restrictions under this Declaration; provided, however, Declarant shall not be entitled to cure any such failure unless Declarant has first given the Parcel owner written notice of such failure and such Parcel owner has not cured such failure within ten(10) days of such notice or, in case such cure cannot be effected within said 10-day period and such Parcel owner is diligently pursuing such cure, such additional period as may be reasonably necessary to effect such cure, and provided further that, with respect to a failure by a Parcel owner to maintain insurance set forth in Section 4(b)(i) and Section 7 hereof or with respect to any event, fact or circumstance which involves imminent threat of injury or damage to persons or property, or with 17C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLK I\PORTL respect to a failure by a Parcel owner to comply with the covenants, conditions and restrictions set forth in Section 1(a) hereof, the aforesaid cure period shall not apply. All reasonable costs incurred by Declarant in curing any non-compliance by any Parcel owner with the covenants, conditions and restrictions set forth in this Declaration shall be due from any such Parcel owner upon demand, and, in addition, such Parcel owner shall pay interest on such costs from the date of expenditure by Declarant until the date of reimbursement by any such Parcel owner, at the Interest Rate. The failure of Declarant to enforce any provisions of the covenants;=conditions and restrictions herein contained upon the violation thereof as to one.orore Parcels (or one or more Parcel owners) shall in no event be deemed to be a waiver of its rigl is o,do so as to a subsequent violation or as to any other Parcel (or any other Parcel owner)SlEach Parcel.owner that fails to comply with the covenants, conditions and restrictions setforth in this Declaration shall pay any and all reasonable costs and expenses incurred by Declarant in connection with enforcement by Declarant of the rights and remedies set forth in this::::Section 12against any suchParcel°°owner including, without limitation, all reasonable attorneys fees and consulting fees and:all court costs and filing fees related thereto. Anything in this Section 12 to thecontrary notwithstanding, (i) if any Parcel owner fails to comply with the covenants, conditions andlrestrictions set forth;:in.this Declaration and Declarant has not taken any action to effect such compliance, then a yother Parcel owner shall have the right to cause Declarant to use commercially;:reasonable efforts to take such action as Declarant deems appropriate to effect such compliance, which;action shall be at the sole cost and expense of the requesting^P:arcel owner and (ii) ifDeclarant fails to exercise its rights and responsibilities under this Declaration-in accordance with the provisions herein contained, then any Parcel owner shall`have the right to institute legal proceedings against Declarant to require Declarant to so exercise gi*II,rigW4114 jesponsibilities,but no such proceedings shall subject Declarant to any,,damages by`reason'ofDeelarant's'failure to so exercise such rights and responsibilities,itbeingunderstood,that no Parcel owner shall have any claim, and each Parcel owner hereby waives tle'r,-.>ght to claim against Declarant for damages by reason of Declarant failing to:exercise its riglts and responsibilities under this Declaration, and each Parcel owner's only remedy'shall be an action;for specific performance or injunction to enforce any such failure to exercise Declarant's rights'and responsibilities, as aforesaid. 13. PARTIAL INVALIDITY. Invalidation of any of the provisions of the covenants, conditions::`and-restrictions herein contained, whether by order of court of competent jurisdiction, or otherwise 'shall in no way affect any of the provisions which shall remain in full force and effect. 14. MISCELLANEOUS. Any consent or approval required of Declarant hereunder may be given by the person(s) or entity(s)holding beneficial ownership in Declarant. Failure by Declarant to respond to a request for any approval or consent required of Declarant hereunder within fifteen (15) days of such request accompanied by all supporting documents and materials required to be furnished to Declarant shall constitute an approval or consent of the matter 18C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL 0 • requested and for which required supporting documentation and materials have been furnished. Declarant may transfer the rights and responsibilities reserved to it hereunder to any other person(s) or legal entity by written instrument recorded in the Office of the County Recorder in . Washington County, Oregon, but only if such instrument specifically gives the transferee the right to enforce the provisions. Wherever a transfer occurs in the ownership of any Parcel, the transferor shall have no further liability for breach of covenant occurrin_ thereafter. Each Parcel o • - - agree • •• , -: - . : _ •a -- : ; ' o er 'arcel owner in its respective Parce or the recovery of any judgment from such owner, it being agreed that the;owner of any such Parcel and its partners, directors, officers, members, managers or shareholders shall never be personall 4-7— liable for such judgmen he event any Parcel is subdivided aft'erthe date hereof, the benefits an. burdens created hereby shall benefit and be binding upon,any Parcel(s) created by such �'i7/-j_ __ / subdivision, and all references herein to any such Parcel shall mean and=refer to the Parcel(s) created by such subdivision, and all rights and obligations'`ofthe Parcel owner::;shall be deemed to be the rights and obligations of the owner(s) of any Parcel created by such subdivision. Declarant shall have the unilateral right to amend tlis Declaration by recording'a :;;executed amendment in the Office of the County Recorder"in Washington County, Oregon,:unless such amendment would materially and adversely affect any Parcel,not owned by Declarant, in which case any such amendment shall require the consent of the Parcel owner so materially and adversely affected thereby, and such amendment shall be of fullforce and effect, valid and binding upon the execution thereof, notwithstanding that not every of each Parcel at the time of such amendment consented to,joined in,or executed the same:` 15. FAILURE TO.PAY AMOUNTS_DUE AND OWING. Any amounts due from any Parcel owner under tliis Declaration which are not paid when due shall bear interest from the due date until the date;ofpayment at,the Interest Rate, and such amounts shall be secured by a lien upon such owner's Parcel, effective upon the recording thereof in the Office of the County 4-- Recorder in Washington County,Oregon., Any such`lien may be foreclosed upon in the same manner as provided:for enforce enf"of�mechanics liens or liens securing mortgage indebtedness. ,1;,6�� RIGHTS`;RESERVED. Declarant retains, reserves and shall continue to enjoy the useofthe Parcels forayand all'`puposes which do not interfere in any material respect with or prevent:tle,use by the Parcel owners of the easements granted herein. Without limiting the generality of;;the,foregoing, itis.understood that Exhibit A is intended only for identifying the real estate comprising the Parcels and the approximate boundary lines of the individual parcels, and that Exhibit Aisrnot to be''considered or construed as a representation, warranty or covenant that the shape, size, location,number and extent of building improvements shown thereon shall be constructed. Declarant reserves the right to change from time to time the dimensions and location of the Common Areas and the location, dimensions, identity and type of any parking areas or buildings (in each case owned by Declarant) in the Parcels and to construct additional buildings, additions to existing buildings, and other improvements in the Parcels, to eliminate buildings from the Parcels owned by Declarant, to increase the land size or otherwise modify the configuration of the Parcels shown on Exhibit A, and to change the name, address, number or designation by which the Parcels are commonly known; provided, however, in the exercise of 1 9C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLK I\PORTL • • such rights, Declarant shall not materially and adversely affect access to, visibility of, or parking serving any Parcel. anT ,( P✓1L e 5 s 17. RELOCATION OF EASEMENTS. Declarant reserves the .ght at any time and from time to time to relocate all or a portion of the easements granted by Declarant herein, provided that (i) the easements so relocated will be of substantially equivalent usefulness for the purposes stated in this Declaration, (ii) all costs incurred to effect such relocation shall be paid by Declarant, (iii) Declarant shall interfere with the business being operated on the Parcel benefited by the easement being relocated as little as.reasonably possible in'the exercise of Declarant's rights herein, and (iv) Declarant shall provide prior written notice of any such relocation to the owner(s) of the Parcel(s)benefited by the easeent(s)being relocated. 18. ESTOPPEL CERTIFICATE. Declarant :±upon the written request (which shall not be more frequent than three (3) times during any calendar year) of any owerof any Parcel, shall issue to such other owner or its prospective mortgagee of:such Parcel or purchaser, an estoppel certificate stating, to the best of the issuer's knowledgea;_,- z{j. (i) whether it knows of any default under;`this Declaration by the requesting Parcel owner, and if there are known defaults, specifying thelature thereof; (ii) whether this Declaration-hassbeen assigned,modif ed or amended in any way by it and if so, then stating the nature thereof;'"q` ! g.. (iii) whether;this Declaration is in full force and effect; and (iv) ;.;;.::whether there`are any sums':due and owing by any owner of any Parcel under this Declaration. `' ; ;. 19. ,- OTICE. All:notices and demands herein required or permitted shall be in writing alief N hall bese t!;by UniteetStates Certified Mail return receipt requested, personal delivery lrecognized overnight courier next day delivery) or facsimile with proof of transmission. Any notice to Declarant shall be delivered to Opus Northwest, L.L.C., 1500 SW First Avenue,:Suite 1100, Portland Oregon 97201, Attention: Vice President Facsimile Number: (504416-8964, witttat copy to Opus Northwest, L.L.C., 10350 Bren Road West, Minnetonka, Minnesota 55343, Attention: Legal Department, Facsimile Number: (952) 656- 4529. All notices-shall be deemed given two (2) business days following deposit in the United States mail with respect0 a certified mail, one (1) business day following deposit if delivered to an overnight courier guaranteeing next day delivery (with receipt) or on same day if sent by personal delivery or telecopy(with proof of transmission), or on the first date of any rejection. Attorneys for the owner of a Parcel shall be authorized to give notices for such owner. Declarant may change its address for the service of notice by giving written notice of such change to the owners of the other Parcels in the manner above specified. 20C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • • S 20. EXHIBITS. The following exhibits are made a part hereof, with the same force and effect as if specifically set forth herein: Exhibit A. Project Site Plan Exhibit B. Legal Description Exhibit C. Utility Plan Exhibit D. Use Restrictions [Signature Page Follows] -_... :LL • 21C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL • • IN WITNESS WHEREOF, Declarant has caused this Declaration to be executed as of the day and year first above written. Opus Northwest, L.L.C., a Delaware limited liability company By: Name: Its: STATE OF ) ss. COUNTY OF otary Public in and for sail County in the State aforesaid, DO HEREBY CERTIFY THAT , the of Opus Northwest, L L- , a Delaware limited liability company, personally known to me to be 4he::same person whose;:name is subscribed to the foregoing instrument as such =' appeared before methis day in person and acknowledged that he signed and delivered'the'said::::instrument as his:own free and voluntary act, and as the free and voluntary act of said limited liability°:company for the uses and purposes therein set forth. Given under my l and andl otarial seal this day of , 2007. :.:::: _=: :: Notary Public for My Commission Expires: 22C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORTL . • . . . EXHIBIT A Site Plan • AQ C:«_ent.aas egs\ji \LoG kn D\#mp o e Internet eb\OL lfoRT • r i I N8930'44T 548"3r PROPOSED PROPERTY UNE ADJUSTMENT LOCATED IN THE NE 1/4 OF •O SECTION 13, AND THE SE 1/4 OF SECTION 12, T.2S., R.1W.. W.M., 6100 J 1•4 TIGARD, WASHINGTON • COUNTY, OREGON. try 4 _ W JANUARY 11. 2007 id 0 /I PARCEL ce' 1 - 4 N72'55'45"W 124.274 SF N8934'55E 10.32' 2.853 ACRES ` • \ J4i s" PARCEL 1J 57.94 v .4 28,340 SF h, 0.651 ACRES 'Sj?5 ¢ a� a h e 1,.39 6 S�••D 1 .• Q S77'04'15"W 5649.627'W ti Jr" ^v. 6.64' �` ^o N47'23'22"E 4.17' / v, ��4SOS" 1p96yS'kV �l 40,' N4313.8 2„W o� �. N � 74.0 ysr, N43'28'12"W C] v N72'55'45”W �a��. 24.76' 743°o 43.10' psr'i, pp�/:;//://C ��. 3 y y 548'00.29"IN .c\ / PARCEL 3 42.92' oP �, , 124.220 SF ��p\ ?It'(:\\:\\\ ' A Q T♦ `y� 2.852 ACRES b ����1 \9/00 y •,G y �, �, • P. a pod\ P St / aO' PREPARED FOR: g.' -9.," r s4919'55°w ,tip �• OPUS NW, LLC. N `�� QS' 21.58' `G 1500 SW FIRST AVENUE, //1100 `I PORTLAND, OR 97201 3 a vdr Oh PREPARED BY: ..7 S49 '19'S5'W 11. KCD LLC 5 20.06' 2407 NE 292ND AVENUE CAMAS, WA 98607 0 'I PT 6 r P O --1 • . • ���� �� �� ��� • EXHIBIT B Legal_-�--_ '- , --- Parcel 1 Property Line Adjustment Legal Description December 1, 2006 • A portion of Lots 35, 36, 38 and 39, Fanno Creek Acr.:egItbcts, a Plat of Record in Washington County, together with a portion of that vaAted itht,„,of way in Document Numbers 99049066 and 2006-39844, Washington CountnDeed Reeqrds, situated in the Southeast 1/4 of Section 12, and in the Northeast 1/4 of.gection 13, To■kiAtlip 2 South, Range 1 West, Willamette Meridian, in the City of Tigardr Courity of WashilTa0p, and State of Oregon, being more particularly described as follo*S: Beginning at the 5/8" Iron Rod with a yellow plaSti, ga:p:,"linscribed "KC„,,::Development" marking the intersection of the Westerly extension ofIti:e1NOrth iine of Lot Fanno Creek Acre Tracts, with the Easterly Right of,,pay line of the S''PAS Railroad Right of Way; thence along the North line of said Lot 35 and":..tKpesterly ExtenSigkApereof, N89°30'44"E, 348.37 feet to the Northeast Corner of said ifoQ152:;„„pence alon0i6g,,,East line of said Lot 35, Suo`2753 E 217.58 feet t the Northwest recorded in Document Number 91063372 ...................... NOth line of said Tract of Land, N89°34155"E, 57.94 feet to the Northeast''iComee theie0g4Fience along the Northeasterly line of said Tract of Landg:S4g;g:3„6'45"E, 67.9cfeet; theriCeleaving said line, S47°23'22"W, 4.17 feet; thence N7,2055'45',,,‘139.68 feet:,,A, thence S17°07'15"W, 102.71 feet; thence feet; thence N72°5545pV, 10P.69 feet; thence S17°04'15"W, 36.64 feet; thence ' 124.50 feetpOehteN,1.7°04'15"E101.11.56 thence N72°55'45"W, --.__ feet to th E ghtofVVayatapointofnon- t t radius curve concave to the N rth (Chord bears N12°47'31"E, 200.84 feet) a --'- , -=''—=. Containing t (3.i853 Acres). The Bearings are based on Washington County Survey Number 103314 B-lc:\oocumcnm and ovxinos\jimmuoo/ Internet • • Parcel 2 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 38 and 39, Fanno Creek Acre Tracts, a Plat of Record in Washington County, situated in the Southeast 1/4 of Section 12, and in the Northeast 1/4 of Section 13, Township 2 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington, and State of Oregon, being more particular.: �described as follows: Beginning at a point on the Northeasterly line of that Tract:;:=;of_. Land described in deed, recorded in Document Number 91063372, Washington County Deed;.;Records, which bears S 42°36'45"E, 67.92 feet from the Northeast Corner thereof; said point of beginning is N89°30'44"E, 348.37 feet, S00°27'53"E, 217.58 feet, 'N89°34'55."E, 57.94 feet and S42°36'45"E, 67.92 feet from the 5/8" Iron Rod :viith a"-yellow plastic, ca.p inscribed "KC Development" marking the intersection of the Westerly extension of the No'rth;_,line of Lot 35, Fanno Creek Acre Tracts, with the Easterly Right of°-Way lineof the S P & S Railroad Right of Way; thence along the Northeasterly line of said Tract.of Lad•_described in deed, recorded in Document Number 91063372; S42°36'45"E, 113.0:2`=feet;•thence leaving said line, along a line parallel with and 52.00 feet distant and Northwesterly from the Centerline of S.W. Upper Boones Ferry Road, S48°41'42"%, 65.58 feet; thence;;:leaving said line, N43°31'02"W, 13.82 feet; thence S46°28'58"W, 52:=20_ feet; thence N43°28'12"W, 24.76 feet; thence S48°00'29"W, 42.92 feet; thence N43°2:7'21::"W;:142.05 feet ',thence N17°04'15"E, 102.71 feet; thence S72°55'45"E, 139.68 feet, thence !`N47°•23'22"E; 4.17 feet to the point of beginning. Containing 28,340 Square`Feet (0_.651 Acres) ;.' r_t The Bearings are basedon Washington County Survey Number 103314. B-2C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLK I\PORT ' .. . Parcel 3 Property Line Adjustment Legal Description December 1, 2006 A portion of Lots 35, 36, 37 and 38, Fanno Creek Acre Tracts, a Plat of Record in Washington County, together with a portion of that vacated right of way in Document • Numbers 99049066 and 300639844 Washington County Deed Records, Southeast 1/4 of Section 12, and in the Northeast 1/4 of Section 13.,,,Owpship 2 South, Range 1 West, Willamette Meridiah, in the City of Tigard, County of0Washlhgton, and State of Oregon, being more particularly described as follows: „ Beginning at a point on the Easterly Right of Way line of'0'e, S P 8illftailroad Right of Way which bears S12°47'31"W, 200.84 feet from the 5M:yoh„Rod witkA,,,yellow plastic cap inscribed "KC Development" marking the intersectima the Westerly ekte,nslon of the North line of Lot 35, Fanno Creek Acre Tracts, with .,said Easterly Railroad kidyt„,of Way line; thence leaving said Right of Way line, S72 ,55":4.5,"E, 1d1,3.2 feet; thencetS,V604'15"W, 111.56 feet; thence S72°55'45"E, 124.50 feet; 'thence Ng:gR4'15"E, 36.64Ffeet; thence S72°55'45"E, 109.69 feet; N64°23'17"E, 9.62 feet; OncegS72°55'45"E, 43.1-0 feet; thence S43°31'02"E, 13.82 feet; thence aloitigi#:2,:ljne parallel withg:tand ..,52.00 feet distant and Northwesterly from the Centerline of S.WA'apporzBoones Ferr.y#0.0-d, S48°41'42"W, 438.99 '^^` thence continuing along said parallel li '= = Vacated S.W. Fanno Creek Place; thence 6!ong,,,said,Ilit*N44.°57'03"Wi 381.99 feet to the Easterly Right of Way linegt,pe S P & S RaW,Ciad RigWpfrWay at a point of non-tangent curvature; thence along :ihearopf a 1457.70.:::: oot radiu 'curve concave to the Northwest, through a Central angle of 9°3,2" (Chord bears N21°34'18"E, 245.45 feet) a distance of 245.74 feet to the„pointpf beginning. Containing 124,220 Squae0oetq(2::,s5, 4c13es),,,,,,f,," The BearingS are tidsgdo.n Wa§hington County Survey Number 103314. . B- C:\mvcumenmmmoettinus\jimwLoca| Internet nlesmuu/WORT • . • EXHIBIT C Utility Plan CG C:«_ent,and sb ji \Local Settings\Temporary Internet Files\OLKI\PORT • . 7--7, PROPOSED 1 I r-1 PRIVATE DRAINAGE_ UTILITY EXHIBIT 4 , ' L SYSTEM (SEE CC&R'S) FOR FANNO CREEK COMMONS 1"=700' I .LOCATED IN THE NE 1/4 OF I 1� SECTION 13, AND THE SE �► I r 1/4 OF SECTION 12, T.2S., R.IW, W.M., 1... I IQ TIGARD, WASHINGTON R. / COUNTY, OREGON. t rt. I LANDSCAPE EASMENT JANUARY 18. 2007 / I k- I \ DOC. N0. 2006-128780 CI J� i 1.4 „/ BUILDING A `, LEGEND: \ / "PP,WE" PRIVATE WATER EASEMENT P Q I I tax, ' "PRSSE" PRIVATE SANTARY 4. / -'— I I L` SEWER EASEMENT / -- I N / /6) • 4... ra n I 75' ,i/ `„. 7 r `r` 5 EXISTING `. n / Iy pRSS %ti I `•I‘ ' aQ� • BUILDING `\\ 4' / C \� i C1 I /i �t�” ° I v� • NI► �� / �. 1,4 • •BUILDING B ; 1�f�`` `\/#\/). y , { / { \/./ 5' ` > V�/� Tt 3..,i. ` i I / .6 i° -5,-. / / .` \�\ / / , a� cn �/ /'/ ``` \<. \` i �0 PAR /' P' \.- CD I ,'/,/ 47.00 `�\�\s� SY TEM (SEEI CC&R'S) 4"�O� / o). PREPARED FOR: / ,/ ACCESS `;, , P �. OPUS NW, LLC.•cre _ / EASEMENT `\ `� \\ #UU J `.►' 1500 SW FIRST AVENUE, #1100 iol 15.00' DOC. NO. •\ `,\ \ A / PORTLAND, OR 97201 a --z,,STORM DRAINAGE 2006-128782 \ `\ .\ of EASEMENT `.\�;``�\ ,IP PREPARED BY. g DOC. NO. . ` ` ` KCD LLC 2006-128781 ..\. ' 2407 NE 292ND AVENUE• CAMAS, WA 98607 2 Y 6 ' r x • o . hO -1 • • 0 EXHIBIT D Use Restrictions The following uses shall be prohibited, as either primary or accessory uses, whether or not the same are permitted by the underlying zoning: automobile sales or leasing, automobile repair or body shop, adult establishment, adult motion picture theater, adult novelty business or . bookstore, amusement device establishment, cabinet, electrical, heating;plumbing, upholstery or air conditioning sales or service shop, fix-it shop, liquor store, open sales lot, pawn shop, drive- thru restaurant, warehouse, taxi terminal, tattoo parlor, currency:exchange or tobacco shop. D-1C:\Documents and Settings\jims\Local Settings\Temporary Internet Files\OLKI\PORT