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MIS1993-00010
POOR QUALITY RECORD PLEASE NOTE: The original paper record has been archived and put on microfilm. The following document is a copy of the microfilm record converted back to digital. If you have questions please contact City of Tigard Records Department. 0. of Pacific Hry. o W. of 72nd, N. of Dartmouth Ext., 1S1 36DC, 2500, 2501, 6C PROPOSAL DESCRIPTION FILE NOs MIS 93-0010 FILE TITLE: 'DAVIS / SUPER VALU APPLICANT: Gordon E. Davis P.O. Boat 8774 Portland, Oregon 97207 WNE 3e (S) Super `Yalu Holdings, Inc. P.O. Box 1243 Minneapolis, MN. 55440 REQUEST: A request for Lot Line Adjustment approval to adjust tree parcels of approximately .36, 5.9 and 14.84 acres into three Parcels of approximately 1.9, ;3.14' and 16.06 acres each APL ICABLE` REVIEW CRITERIA: Community Development Code Section 18.62, 18.162.050, 18.162.060. LOCATION: Pacific Highway, SW 72nd Avenue, and north of the proposed Da.rtmouth Road extension. (WCTM 181 36DC, tax lots 2500, 2501 and 600) ZONE: C-G (General Commer4 ia1) The General Commercial a,one. allows Public agency and administrative services, public support facilities, professional and adminiatr = tine services, financial, insurance, and re 1 estate service®, businea€3 support services, general retail sales, eating and drinking establi ®xaw:enta, among other uses. I' PO NO: 4 NPO CHAIRPERSON: Catl Johnoon PHONE NUMBER 684-5263 CHECK ALL WHICH APPLY: STAFF DECISION COMMENTS DUE BACK TO STAFF ON 1993 PLANNING COMMISSION DATE OF HEARING: TIPSE :7:30 HEARINGS OFFICER DATE OF HEARING: ,, TIME: r00..- CITY COUNCIL DATE OF HEARING: TIME :7:30 ATTACHITI.NTS X VICINITY TY M LANDSCAPING PUW NARRATIVE ARCHITECTURAL- PLAN X SITE PLAN` :ETHER: STAFF CONTACT: Will .arn D •A droa 639 -417,1 us I4 JL . as C T°r! aor TTOARB0 13125 Sig Bail, PO Box 23397 a 9aa:ds Oregun 97223 .a `503 j 649 -41171 PBOYUBT b 1 DDBluis e51l11 TAII MAP AND Loa NO. 1$1367AkiAitilla...._ kiH4.bI+'L� RTY owNe l; �' "' 414. ADDtksa Citl'A l ?�3 _..,_„�.�.,, PBOWB CTTY 64,410eL4S) Z TAR MArk AND LOOT NO. C ttoin'atIC OWNEFU C1.'1 Y ADDRESS ® -� 19 1s PIONS SIB • •11 *When, tha owtt. P and the app1ic ant are different the , ppl is nt dui ut t i 'thy Vurchamat of :record or a 1,0iaee .L& pounewwiun with writLen authorization tram than owner 01 an gent og dn~v11ar with urLtten authorizat y cart h The owner(e) m\icut etign this applicati u in the apace p Ovid a1 pig. two or Hrrhtiil,t 4 writksn authorization with this application The OwtteA U Of £CCR»rd Of the aubjlt preportY requodAL pakmia On t* Ld j&mt 15;44:014r (numbillj (0Clegage of gguace foot Ihro paremie of tad e7) itc)i h ,1►/ L'f? U #11 fl . 1 W140 0 OMB Olnit Can ;f'!' micum Po. 5" B :CATION acme= 4r8, 61D�'O (ice 24 :4 1ppf cation elements submittal ti) (�8 n,w �1iiq iIkta�l�aa / written aut, :. ucL 6tio /1c1) Title t smear ina t% (1) Aar or reP k®®a®®or ° * map . (11 61t) Preliminary Map (6 coVies) CO) Viling gee (C 15440) DATE DSTIBBINED TO _ 1111 CQMPLITEI coMp. / ONa DIESIGNATIONi Planning tigector APPriwal Data Final hpiproval a a Date gec orded mad ?.. `� Liet any vsziancar conditional NSs0 v or Othat lei DSO ti'in* to be cenaider r "r as ' ga act of this application: A y,a1r dw uctbad�dm4 Lbed in the ttaoh� in ;O Uo S thetti�mid a s ta,< TISS APPLICAHT is I SHALL CIRT10Y 1T® 0...�� iQ am d EL i 1 that M � o Mmt 1 �+ �n as M#Iv t rant mill exercise the s�i9htrs� % anted in scoop s a etb t® sal , the Oonditi the �, l�at �16�1�6 WIN the ou4 limitations of the , ,_ • • a �, 4 ;�#� i • All of the above otatsment* and the et*tem®nte in the Plot plan i tt Sgt LC�►c�l�ffi1t0, and !l�id�i & i .canta eo acknewl , ' gni Pezeit is eae , based on this app1 Lcat icn, eey be revoke $ 0 &l found that any much statements ate faAi��. y ▪ Tho aPPlioaht has trsad the antics esntents of the applicati on, i.nzlud ng the policies And grit 'lee end understands the kagniresentn for approving or denying Ohe a .r,1 at . DAM this Sx NAT$mES of cash owr ec (age hues ad aBd 0 t 1) . 0 . li`)( 12 9 (19 L; a l e on , OR 47.3()9 ' ") ►tbu l 1 I rlu all Reheilf of OhiOCubco �,,, ���.n t).,v,is i e aasthorized �.a act dba. ;e 111,1 mil c i hilt] +sae matt,ure in the Tigard area i r you ttimv® pray" concernee . gkoest i noire. Paul A. Si oano Director, Rego i l Devo::lopenolIt SUPLRVMhU9 Stoir'e 1 Sa 1em 2724 S.E.. riflower Ct. Hillsboro, Oregon 97123 (5°;'d) 648- 4959 FAX: (503) 640 -9385 PROPERTY DESCRIPTION: (POTION) TAX LOTS # 600, 2500 & 2501, MAP # 1S1 -36DC FOR GORVON DAVIS DATE: AUG. 9, 1993 LOCATION S.W. 72nd AVE:. JOB NUMBER:' 9110024 FOR IDENTIFICATION PU�'POSES ONLY : FOR USE ON LEGAL INSTRUMENT PROPOSED RETAIL "B" A PORTION OF THAT CERTAIN TRACT IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT BEARS NORTH 8 6 °45'21" WEST 430.14 FEET, SOUTH 01 °43'56" WEST ,100.02 FEET AND SOUTH 88 °16'04" EAST 45,38 FEET FROM THE NORTHEAST CORNER OF THE TOWER TRACT PER BOOK 256, PAGE 419, DEED . RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING BEARS NORTH 22° 38.'45" EAST 918.74 FEET FROM THE WASHINGTON COUNTY SURVEYORS MONUMENT AT THE SOUTHWEST CORNER OF SAID SOUTREAST' QUARTER, AND ' RUNNING THENCE SOUTH 56 °46'00" EAST 126.22 FEET, T1 E NCE SOUTH 01 °43'56" WEST 185.05 FEET; THENCE SOUTH 11 °30'30" EAST 34.93 FEET; THENCE SOUTH 01° 43'56" EAST 280.81 FEET; THENCE NORTH 88 °16'04" WEST FILET; THENCE NORTH 01 °43'56" EAST 565.81 FEET, THENCE SOUTH 88°16'04" EAST .38 FEE T TO THE POINT OF BEGINNING. CONTAIN/NC- 87,101 SQUARE FEET, MORE OR LESS. FOR BASIS OF BE ; idINGS AND ADDITIONAL INFORMATION SEE SURVEY 24389. Subdivisions + Planning Design L Las Surveying Mapping ADD REE3 ; CITY OF T :I. On n —• RECEIPT OF PAYMENT RECEIPT MO. CI 'r-.a.CR AMOUNT Pn:f. " T ENGINEERING Ct4SH Pth1OUN) ;40 SE HACI:CNTh:i S'i PAYMENT DATE: HILLS ORCS SUBD IV:CSION i 3 4 i?,.f. 5: ,. w + PURPOSE a r � �. t iw`URr'O$E Ole PAYlvIENi`�" r)NIOUNT i" A I D cal~ I~ AYMENtl" I�IOUr\IT PAID D LrANP 8.E. 1 41 =L 11S92-0023 M1wxYWr.Y'�F.nwNNw�w ✓.hw.. w �i.1NwN.w+4N.w.�w..�w..wwW.lirW LAND USE )PP%. . IfII $9 e24 !!/P ?t« 00 r .I.. T" or 1 I w I= "1 Or F"l G • !'SIT RE CE, Pt NO C„ Hts R ('i MOUN`(" r"., ! I i AMOUNT PAYMt'INT DATE "`: r.�` ; i fit• � C rh P. r 1RPO,, °t of 4r4YMI.w. N !M III t \I Plf,"4.I« w M11511111117 110113EIIMIVA1011101111.112.• 0Pri ' L ,7C rO 2`/24 S.E. Sunflower Ct. Hfl sboro, Oregon 97123. (503) 648-4959 FAA (503) 640-9385 PROPERTY DEF,CR/PTIO X: (PORTION) TAX LOTS # 600, 2500 & 2501, MAP # 1S1 -36DC FOR: GORDON DAVIS LOCAT,TON: S.W. 72nd AVE FOR IDENTIFICATION PURPOSES ONLY 4 . ' , . ,:..fir. ^ .,:;; ` 1.4'•h� i:- °, :jr ANS FOR USE ON LAVAL INSTRUMENT DATE AUG. 9, 193 JOB NUMBER: 9110024 PRONJSED RETAIL "C "' A' PORTION OF CERTAIN TRACT SOUTHEAST OF SECTION 36, TOWNSHIP !X SOUTH, RA IIE BEST �.� WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICULAR DESCRIBED AS FOLLOWS: BEGINNING AT .A POINT THAT BEARS NORTH 86 °45'21 WEST 430.14 PEET, SOUTH 01 °43'56" WEST 100.02 FEET AND SOUTH 88 °16'04" EAST 48138 FEET FROM THE NORTHEAST CORNER OF THE TOWER TRACT PER BOOK 256, PAGE 419, DEED RECORDS OF SAID COUNTY, SAID POINT OF BEGINNING ALSO BEARS NORTH 22° 38'45" F Ati- T 918.74 FEET FROM THE WASHINGTON COUNTY „ URVEY ORS MONUMENT AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER, AND RUNNIO1 /41 THENCE SOUTH 56 °46'00" EAST 126.22 FEET; THENCE SOUTH 01 °43'36" WEST 185.05 FEET; THENCE SOUTH 11°30'30" EAST 34.93 FEET; THENCE SOUTH 01 43'56" EAST 280.81 FEET; THENCE SOUTH 88°16'04" EAST 210.00 FEET TO A " �� ' POINT THAT IS 56. THE CENTBCtLINE OF S.W. 72nd AVENUE, WHEN MEASURED AT RI HT ANGLES TO IT; THENCE NORTH 01 °43'56" WEST PARALLEL WITH AND 56.00 FEET WEST OF SAID CENTERLINE, 599.89 FEET; THENCE SOUTH 34 °33'I.1" WEST 55.33 FEET TO THE POINT OF BEGINNING. CONTAINING 137,121 SQUARE PEET, MORE OR LESS. F. BASIS OF BEARINGS AND ADDITIONAL INF'On.MA'TION SEE SURVEY ..24359: S bdlMsir ns Planning • Desi'gn .l.D Surveying iNlepping etrtriANTv DEED —'r rATUTOR Rii (INDIVIDUAL or CORPORATION) ,SUi�FRil)W >:iol.in.9q r , gTnc F, an t PJ 9 corpRr. t laon c , sgaa�essolr l tai mercaer .:u all ?! ' M, N;4 . an Ohio "ciorp..ration, 4444 Grantor, conveys a!tid warrants to p r3"li' T.p..INC.•.w . 4 &&ialgUe. fIcKPDXiit iOrtA . 4444: ......4. .. .. .........:.. .44,44. • ................ .. •.. Grantee, the following described real property free of encumbrances except as specifically set forth herein: g p xhibit A, attached ` hereto and incorporated he ;rein. Legal description set forth in This instrument will not allow use of the pr ,itertyl4scrlbed in this Instrument In :asla$ion of applicable lend use laws and regulations. signing accepting this instrument, the person ac� ulng fee title cm the property should check with ;h ®appropriate city or county planning department to verify uses, Set forth al Exhibit yr' attached hereto and incorporated herein. The true uorsicierati: n for this conveyance is $1....379,5611.0.0... of ORS 93:0300). Dated this . . d a y of 4.i be signed by order of its board of directors . .4 . 4 4. 6 a 4 4 O,i 444 6 . 4 .. . 4 STATE OF OREGON, County of ) es. ,19 ) Personally appeared the above named 464644 11. 4• 6141 a .44 li 41/414..4414 66644144.... 44. 1.14411 .x641.64441.46. 446 . .1.1414444446646.6464.44p4 1 4 4 4. 4 4 6 6 4. 4 1 • 4. 4 and achmwiedged the foregoing inatrtl meanie be . 4 4 .. 4 . , 6 , . 6 4 6 4 . 6 { voluntary act and deed. Bairn ttt tliat 644•.614•4.44.4.44•466.:.446 4.4,1444.4414 i 4444461644444114644446. Notary Public for Oregon My commission oxpir©st .. (Here comply with the reiquirernonts .....,;19 91; It a corporate gi4antor, it has 'caused its na me to SIJPERVALU Holdings, Inc., an Ohio corporation By: / STATE OF ®� 1, County o) Hennepin tee, IS Personally apperred aired who, . &flywwont teguistsisMititersamostaisimaiid say that Is preektent examettiwarestay ttli ottta i SUPERVALU Eoldings, Inc: , a corporation, and that said Instrument` Whiff Of x v l &Metec et d i instrument to 4i 46446444644.44. 444444 4414444: 4444 4. 44 4.4..44:44446464444....44444 464.. Notary fort bah Minnesota *Commission oxplrea: i if the consideration consideration consists "The actlof Or trictude other property er vablf Clivin or Promited whir r, tr part of the whole oonsisieratian ('.a►dlcats k+t.+1^h) "i S U P T. 1, ,1 < V l' l 1 J 11 i i o 1 d i i9S 1 t c . 4 : 1 + • , 4 , 4 4 4.1 46 44 i 4 4 . i{ 4. 1180 Valley Road 4 6, ■l 14 64 44 4Y44 4 641 4644 44144 4 44414444 Eden Prairie,; MV 5534 4.44444• 4 164 44 444 4443414.4..:4.6441.444444.46 • . drontor'e Namc and Addtcss POPSt+1ART, INV. �V6Cly• 64 4 4 1 A i 1 64 41 4 " 4, 41444446*4446414444644.4 PP• 1ot1lx Vkk i_.i4.$tAiteac3.01164 , Pcp, h 15 r, A416j6 T T 4. 46414,4,44446444444644,6;46144, Grantee's Name and Addrost Alter retarding return to, 6. 4446. 144.:6.441 446444.14446 a4.61i1.61.6444444,44.4.44ii 4114t 4664461,44,4 446464- 444464446644444 461444,6464414 '46466466446444641,4446464 1646 64141611441666646644 461144.4. 4664641446144, 4: 444466.444 Y 1 ti 4444 Name,'AddnissY to Until n ithanga is regtstisted all tact aisle Stint the fotle�i'. manta eh zli be t; Ing addoss4 • 4 4444634444 46414 i6 W14ui 4u.c.p'44664'46' 4441 416f164644. 44466.444661t ▪ 4 4 46x 44 4a 6. 4 41i444 4.444,64446.466.4.444..4,44 41.. 46 xY6.:46464661..414:6. 1444 40.4446446166a6611= 44144,444446414.IA 11. 4, 164664 144144 ►' '46 iNddr tit. 5to it `l k O'rt'.,gnaicT (Re4J 9449, (TY OF `i I G RD - RECEIPT OF '.� 1-OR CE I PT Drl 38 S 4 00 AviouNT PAYMENT D TE x o13/1/S3 91i3DIVxSION « 50 10 i. • WHAT RECORDED RETURN TOO. WAREMART, Inc. do Richard A. Canaday MILLER, NASH, WIENER, HAGER & CARMEN 3500 U.S. Bancorp Tower 111 S.W. Fifth Avenue Portland, OR 97204 -3699 DECL AI PION OF CO AI TS,, CONDITIONS AND RESTRICTIONS AND CIP`RO(' ,4L EASEMENT AGREEMENT S 1, BCLARATION OF COVvJsTANTS, COND ONS AND RESTRICTIONS 441.1,4D RECIPROCAL EASEMENT AGREE NT (this "Declaration") is naade as of At; gust , , 1993, by SUPERVALU HOLDINGS, INC. ("SUPERVALIT "), an, Ohio coaporat oa, a d PETsMART, INC. ( "PETSMART "), a Delaware corporation. RECITALS A. SUPERVALU is the owner of the real pro erty (the "Prc)party ") in the City of Tigc..rd, Washington County, Oregon, which is described on the property description attached hereto as Exhibit A and incorporated herein by this reference. B. M'V'ALU has entered into a purchase g we:;cnent dated January "° Agreement"), with Wa mart, kit.; .an Idaho corpomtiion 1993 (the �Varemart Purchase ( " ALIJ agreed to sell the Prop'rty to Way mart and Waremait �. the terms and conditions contained wareYnaYt) which � from SUPERVALU on th ag�dto purchase ape y therein. C. S PAL has entered into a separate purchase agreement dated as of January Waremart and PETs1VIART (the " "PETsMr' T Purchase Agreement ") Sena 31, 1993 with which S PERVALLT will sell, Warenart will parttally develop, and PErs MART will purchase directly from SUPER `VALLT a portion of the Prcoperty referred to 'heleini as Lot 2, a/l/a Detail B. D. W q pe }`on from the Cite of Ti to subdivide . ar�n'airt has obtained r�s� i rbdr�rgde part of the property into ;,.tze lots and to develop such lots for retail commercial uses. nrr - tt2063, August ti, 1993 ittstieni ,gym •11M IMBEISETALIMIBMWML SUPERVALIT and PETsMLA RT (collectively the "Dec rlarants ") have agreed that the value and utility of each lot and all of the Property would be enhanced by reason of covenants, conditions and restrictions governing, among other things, reciprocal access, sign usage, parldng, pedestrian access, inaintenance of par r lots, landscaping and building exteriors, and types of use, and now desire to make and enter into this Declaration for the benefit of themselves, Ware art (as the buyer under the Waremnart Purchase Agreement) and the Property. NOW, THEREFORE, Declarants hereby declare that the following covenants, conditions and restrictions, including easements will govern the use and enjoyment of the Property and benefit, burden and be appurtenant to the Lots and each of them, and any other portion of the Property which may be suojeetAl to these Restrictions by a Supplemental Declaration as defined below. 1a PRELIMINARY TERMS AND CONDITIONS 1.01. .D._.gfinitions. (a) "Benefitted Lot" means a Lot which is benefitted by the easements and rights hereinafter set forth and constitutes the do ins t estate. (b) " Burdened Lot " means those portions of the Shopping Center which are burdened by the easements and rights hereinafter set forth and constitute; the servient estate. (c) "Building" means all structures hereafter installed or constructed on any Lot. the "Building ,(d) .Building Area" means within ding Area, or "Building Envelope Line" shown on the areas plan C.. Si P hereto as Exhibit B and incorporated herein by this reference, together ("Site see ") Lions the Expansion �..r t which are from time to y o a l time covered by a building � portions ��. with o structure. '�� � y ' g or other commercial ��uildan together "Common Area" m (e) tb Co means all those on each Lot which aim not g gether with those portions of the Building Area on each Lot which not from time to t o actually cover ed by a building o r other mnercial stu etur e or which cannot under the terms th� � eclaration h used buildin gs. � a aivres which e xtend over the Common y together its x, any columns . ��ns ox posts reporting �t ;. shall be deemed to be a of the 4 building to which he� are g they attached and not a part of the Common Area. tit d„on Owners" . � _ i ( "Consenting C�wnerg means the Owners of Lots Y, 2 and 3 and their respective heirs, successors and assigns. DJM'1i268.i Aug i t 11'0 1993 1:36m (g) "Environmental Laws" means Al present and future federal, state or local statute, ordinance, mg-illation, male, gtaiclelioe, decision or order governing the • tmn .,;tioh, removal, remediation, reduction or generation, storage, release, disc � �,�, fl� Y , . . etfle��i ' i disposal of 'e. Mzardous or toxic materials such as, `th° t l tats ®n, the Resource Conservation and Recovery Act (RCRA, 42 U.S.C. § 6901 . .)� the Comprehensive Environmental 9601. � s ) as amended, Compensation and Liability Act ( ;,CA, 42 U.S.C. § the Toxic Substance Control Act (rSCA, 15 U.S.C. § 2601 g , th Emergency Planning e acne and Community Right -to -Know Act of 1986 (EPCRT A, 42 U.S.C. § 110)1 gt 'gm) , the Safe Drinking Water Act, (42 t r�.S.�. § 300f § - , gl serf), the Clean Water Act, (33 U.S.C. § 1251, gat ' the Clean Air Act, (42 U.S.C. § 7401, g se�j, the Pollution Prevention Act of 1090, the Hazardous Materials 'Transportatio*_: A .�t, (49 U.S.C. § 1801, (42 S.C., §1.l101�s�1•)� 49 42 iJ. y g regulating or ,uonmental Pollutants similar laws of the State of Oregon supplements, and urdde 9 undastora a tanks, and any and all amendments, pp.. g replacements thereof. (h) "Expansion Area" means all those areas of the Property located outside of Lots 1 through 5 inclusive. (i) "Floor Ana" or "Gross Floor Area" means, the area computed by arteas . u�t�eanents of the. ground floor (ard any a�dntional floor or mezzanine if and to the extent used display sale goods) party `. �' for the displa or sale, of retail gaols) made to and from the center of walls and the outside of exterior walls, excluding any portion of the Common Area located within such dirnentaions and any area for loading docks, loading zone, delivery area, trash enclosure area, pallet Ireq'ra and vestibules which are not used for the sale or storage of retail goods. "Hazardous substances, mixtures, (j) s Materials" , means wastes, pollutants, contaminants or other materials which any Environmental P® materials are defined or classified by an Law as hazardous, toxic or radioactive, including, whether or not so defined, petroleum and natural gas products, polychlorinated biphenyls, radioactive materials, urea formaldehyde foam insulation, and asbestos-containing materials. (k) "Lienholder" means any mortgagee g� under a mortgage or a trustee or beneficiary under a did of trust constituting a lien on any Lot or Expansion Area hereafter subjected to this Declaration: • , "Lot" B . Retail (1) _ "Lot" means (i) any of the five lots (Lot 1 Lot 2 a/k/a R dt , Lot 3 a/lt/a Retail C, Lot 4 and Lot 5, which are individually referred to as a Loot and ,.. the particularly described ir co!led:avely referred to as the Lots ") shown on th Site Plan and more aacular 'bit A, and (ii) eaclh portion of the Expulsion , Area subject hereto by a Supplemental - claration. (m) "National Chain" means a business organization operating more than 50 stores under the Wile trade name, such as "Osco" or "Payless." DIM- 11206$J Augegt li, 1993 11:36 math (n) "Occupant" means and includes any Pe sin or Persons (including without r anita i.oc Lieuholders) who shall bay from time to time entitled to the Vibe and occupancy of space located within the Shopping Center whether by 'virtue of ownership or under any lease, ub'lease, icense or concession agreement, or other instrument or arrangement under which such rights are acquired. (o) "Owner" means any Person or Persons now or hereafter holding a record ownership interest in fee in any Lot, their heirs, personal representatives, successors and assigns, but not its Occupants (if other than the fee title holder), unless otherwise specified heroin. (p) "Permittees" means customeks, empk s, licensees and busk . y ivitees of an Owner or Occupant but a ;s lig include individs 4ls, groups of individ <y organizations, corporations and other legal or commercial entities who engage in activities such as exhibiting placards, signs or notices, distributing circulars, handbills, placards or booklets, soliciting memberships or contribution a, para ding, picketing or demonstrating or otherwise failing to follow the Common Area rules and regulations contained in this Declaration or adopted by the Consenting Owners unless such activities are clearly protected as free expression under the Constitution of the United States. (q) "Prime Rate" means the prime rate of interest as published daily by the Wall Street Journal, or if such periodical shall cease to be published, its successor or a similar publication reasonably selected and agreed upon by the Consenting Owners. (r) "Person" means individuals, partnerships, joint ventures,' firms, associations, corporations, trusts, governmental agencies, administrative tribunals or any other form of business or legal entity. t3' (s) aid Lot to an s ' "Prime means an Owner of a Lot with �s � h tins flit ateJd third party and thereafter enters into a net lease for said - party or its or sublessee. Prime Lessee includes the successors and asst ins s of said Prime Lessee does not include the sublessees, licensees or concessionaires of said Prkents Lessee. (t) " 'Restrictions" means the easements, cove crams, conditions, restrictions, liens and encumbrances contained in this Teltscluation, (u) "Service Facilities " means loadh pocks, trash enclosures, storage areas and other similar service facilities. (v) 'Site Plan" means the site plan. for the Lots attached here o as ?Exhibit B and incorporated herea i by this reference. (w) "Shopping Center" means t he Lots collectively, plus any other portion of the arty which may be sty ejected hereto b. a Supplente tai ` Declaration herea ;r. Aoigutt.iii 1993 it 36 m. • • .e, m ' J s • (x) "Supplemental Declaration" means an instrument hereafter recorded in the Office of the Washington County Recortle r by the Owner(s) of any portion of the Expansion Area which abuts any Lot which (i) purports to subject such abutting Expansion Area to the Restrictions without reservation or exception, and which (ii) incudes a revised Site Plan . approved by the Owners of the the Shopping Center, and such approval by the Owners shall y withheld or delayed. The portion of Expansion Area covered by any not be unreasonabl wit l po to be a "Lot" for u ses of this Declaration. such Supplemental Declaration shall be deemed p 1.02. Purpose. The Owners plan to develop the Shopping Center as an integrated retail sales complex for the mutual benefit of all real property e'" inclu�:� t within the Shopping Center from time to time and, therefore, hereby establish the Restriction,: EAS TS 2.01. bra nt of Easements. The Owners hereby each grant to the other the following easements for use by the Owners and their respective Occupants and Permittees, without payment of any gee or charge except as other✓ise agreed in writing txtween the O; Hers: 2.01.1. Pedestrian Euments. Nonexclusive easements for the purpose of pedestrian traffic between each Lot and (i) each other Lot which is contiguous thereto; (ii) the public streets and ,alleys now or hereafter abutting or located on any portion of Shopping Center; ... parking � and hereafter located on the Shopping Center; a �n Center, (iii) the areas now (iv) g , portions iv over, upon, across and through the, Conitnon. Areas; the S ' and ( ) � po Areas, limited, however, to those p time for pedestrian f each Lot which ate , lIr1 roved. by the Owner thereof from � Permittees in; conformity walkways and made available by such Owner for general use by with this Decimation and the Site Plan 2.1)1, .2. T hie star Eamments,. Nonexclusive easements for the purpose vehicular traffic between each Lot and the public streets and of vv...� tt��fic overw upon;, across and l;e � , ty. now and hereafter abuttin or located on any portion of the Shopping Center; limited, alleys �.��v an g however, to those " portions of the Shopping Center which i. i• by the Owner thereof • hicr� :are improved b n from time to time for vrlucu �a ` accessways in conformity with this Declaration and the Site Plan. 2.(11.3. Common Component Easements. Nonm l casements cr��ive tease for the P urpo e of f urnAing connection, support and attachment to walls, footings, foundations, slabs, roofs and �° hereafter constructed, on ,: �� of any i;�p of improvements d other structural ystems common �.,om a n�ntsn o �`p ve�nent,� .and for the each Lot, for the.... encroachment ntJ of the same; limited, however; to those portions � each and, of �. maintenance, repair _�� replacement contiguous to an gym' ►�� rovement constructed on another tot. an improvement is P Lot on which ere � ' easement for desires to claim e the foregoing e, Any which cis, fit of . refitted Lot w lair the benefit exercise such, right on the following Owner of a Benefitted components xerc g Po is and encroachments will ,,� en�rn � to conditions: WM- 112064A i e U$& 11, 1993 1i:36an e V . a� (a) The Owner of the Benefitted Lot will submit; pins and specifications showing the improvements proposed tc be constructed on the Benefitted Lot to the Owner of the Lot which will be burdened by the eat?- inents hereby created for approval of such plans and specifications by the Owner of the Burdened Lot. (b) Approval of such plans and apecifications by the Owner of the Burdened Lot will constitute a designation of the portion of the Burdened Lot to be used for the purposes therein described. Any approval requested shall not be unreasonably delayed, denied or withheld. (c) The construction of the improvements on the Benefitted Lot shall be diligently prosecuted by the Owner of the Benefitted 14t with due care and in accordance with sound design, engineering and construction practices in a manner which is customary for such improvements and which will not umensonably interfere with the use of the Burdened Lot or the improvements thereon or impose an utsonable load on such improvements. (d) The Owner of the Benefitted Lot shall indemnify, defend and hold the Owner of the Burdened Lot harmless for, from and against all loss, cost, .� • expense an liability arising from or in connection with the construction, use, maintenance, repair, replacement and removal of the improvements on the 13enefitted Lot' and the exercise of the rights of the Owner of the Benefitted Lot hereunder. When the exercise of the rights hereby granted to the Owner of the Benefitted Lot requires entry upon the Burdened Lot or the improvements therein, the Owner of the Benefitted Lot shall give due regard to the use of the Burdened Lot and the improvements thereon in the exercise of such rights and shall promptly re replace or restore any and all improvements on the P�'� reP y P 13urdeiled Lot which are damaged or destroyed in the exercise of such rights. 2.01.4. Utility ,dements. Nonexclusive easements in, across, ty _" under, over and through those portions of the Common Area (exclusive of any rtion locate Within a ,Building Area) necessary for the installation, use, testing, connection to, operation, maintenance, repair, replacement and removal of: water Lines and systems; telephone limes and systems; gas lines and systems; sanitary sewer lines and systems; electrical lines hn es and 'y drainage lines and _.., systems; and other utility lines or systems hereafter systems; storm sewers, ands , ; � y ped rve one or more of the Lots; subject to the following conditions. devt,lo to . (a) All pipes, wires , lines , conduits, mains, '►ewers, systems and related eq ui p ment (h ereafter called „ Utility Facilities`) will be installed underground or otherwise will be install operated rated and, maintained will u� . , , . _ erwis� enclo and �, �� in a mat.nerwhich will not unreasonably interfere with the use of the .hopping Center or improvements on which such Utility Facilities are .located. DiJM -1i7 6L1'` August 1`1, 19 ti:36. n NOP 4 a ape (b) The Owner cif any Burdened Lot affected by any of ouch utility easements will have the rn,ht, at any time, and from time to time, to relocate any Utility Facilities then located on the Burdened Lot on the conditions that: (i) other than in an emergency situation, such right of relocation will be exercisable only after 30 days' prior written notice of the intentiosi to relocate has been given to all Owners using the Utility Facilities to be relocated; (ii) other than in an emergency situation, such right of relocation of ay Utility Facilities located in the front of a building shall not be exercised between' October 1 and December 31 of ` any year; (iii) such relocation shall not unreasonably interrupt any utility service to he improvements then located on the Benefitted Lot(s); (iv) such relocation shawl not reduce or _ impair . unreasonabl y n►.*�aur the usefulness or function of the Utility Facilities to be relocated; (v) ail i'sts of such relocation shall be borne by the Owner relocating the Utility Facilities; aznd (vi) the Owner: '.'trating the Utility Facilities shall, promptly following the ,relocation, repair and restore the surface of the Burdened Lot ;Ind any other affected by such relocation to its condition immediately pre e gng the relocation. (c) Prior to utilizing the easement and exec ish g the rights grant' herein, the Owner shall first provide the other Owners with a written statement cleicrib ng the need for such easement and shall identify the proposed location of the • .ty • ` initial width of any utility easement shall be ti.., u� line. The uul;�a1 l�ca�tirrn and wY prior written approval of the Owner of the Burdened Lot, such subject to the nor written aum�nrov approval not to be unreasonably withheld or delayed. The easement area shall be no lamer than is necessary to reasonably satisfy the utility company as to a public utility or five feet on each side of the ,centerline as to a private line. Upon written_ request, est, the Owner of the I3e nefxtted Lot shall provide to the Owner of the Burdened �' Lvu a copy of an as built survey showing the location of such utility faclities. (d) Any Owner installing utilities pirsuant to the provisions of this Section 2.01.4 shall pay all cost and expenses with respect thereto and shall cause all work in c*nnection themw ith (including general clean -up and proper surface and/or subsurface restoration) to be completed as quickly as possible and 7M in a m uiner so gas to minimize interference with the use of the Common Area. (e) The Owner of a Lot benefitting a utility easement across another Lot shall i,andemt defend an i ufy, and hold harmless the Owner of the tfor, • from �*�d a ..:.�si ... :� u....' � � � .. .•aye Burdened Lot loss, gain X11 d� ends damage, claims, oss liability, or expense in connection with such benefittwg Lot Owners use, installation, maintenance and removal of such Utility Facilities and taselnent on the Burdened Lot, 5. A easements in accordance 201. cress Basetnen��, lv�nexclusbve points driving g h Lot and the public with the access � _rots and dtiv�n lanes shown on the Site playa between each DJM4,112061.1 Aught 11,199311:36ui P 4 . '4 streets and ways abr ^din or crossing any the Shopping Center for the purpose of Y g g y' portion of providing ingress, egress and access to the easements hereby created and to the Common Areas. 2.01.6. Con tructip Easearients. Nonexclusive easements for the purpose of constructing, renovating, repairing or remodeling the improvements on the Shopping Center, including grading, balancing and compaction of soils and other site work mater As, reconstruction, installation, replacement, modification, care and maintenance, provided such use of a Burdened Lot in reasonably necessary, shall ' >e diligently prosecutceal in accordance with :sound construction practices and shall not unrearonaoly interfere with the use of the Burdened Lot or the improvements thereon. 2.01.7. Fang Easements. Nonexclusive easements in and to the parking access to and use for vehicular parking purposes. Such parking easements p► g .areas for a shall consist of at least 5.0 parking spaces for each 1,000 square feet of Gross Floor Area on each Lot, except that such ratio shall be augmented to 10.0 parking spaces for each 1,000 square feet of Gross Floor Area devoted to restaurant uses on any Lot. Each Owner covenants and agrees that at all times during the term of this Declaration the parking, area and ratios shall be maintained ed in the general configuration in ion set forth in the Site Plan. Subject to the applicablF; o g gu req ,., requirements of any governmental agency having jurisdiction over the Shopping Center, each Owner covenants that the widths of parking spaces, parking ng lanes and parking bays shall be in accordance and shown on the Lot Plan on their respective portions of the Sh� wn with the widths that .. Shopping Center, but that in any event the parking spaces in Lots 1, 2 and 3 will be no g less , fee t wide and 18 feet d The Owners agree to designate employee parking spaces on their respective with deep. sped ve Lots with the standard letter "E" of such size and color as to be readily observable in daylight hours to users of the parking areas. The Owners shall designate adequate employee parking places on their respective Lots to serve the businesses located on their respective Lots. The Owner and/or Occupant of each Lot shall require the Owner's a np layees or the employees of all Occupants of each Lot to park o nl y in the employee parking spaces marked with "E" on its Lot. 'Me easements for parking and access shall be provided in accordance with the Site Plata 2.01.8. Light Facilities .Easement. Nonexclusive easement for .y w ners and Occupants of each Lot public . n h r light poles located access to and use b. the rs of Owners adjacent to rimet ' each Lot for installation, repair, pe to the replacement, maintenance and removal of electrical wires, conduit, lighting fixtures and related apparatus to share the use of such poles for lighting the Common Area on each Lot. 2.01.9. .. - p cements.; Nonexclusive rights of entry and Self Het Ea over, ' Owner across and under each Lot for all purposes reasonably necessary to enable any other cwt ter of a Lot to perform any of the provisions of this Declaration which a defaulting WOwner has failed to perform 2.01.10. Sign Basements. No n. - exclusive ease� e Ws under, through and across the Common Area- of each Lot f or the installation, operation, maim era ice, repair; and DJM- 112068.1 August 11, 1993 11 :361m • A replacement of such free - standing pylon signs as are shown on the Site Plan attached hereto or as may be erected by agreement of the Owners, including all appurtenant utility lines and facilities. 2.01.1i . Surface Water D ge. Non - exclusive; easements for the flow of a reasonable volume of surface water to the nearest drainage catch basins, waterways; provided, however, that (a) the easement for surface water drainage shall be consistent with an plan Shopping following the construction � � m Center; and (b) fallowm o�. eras, surface water drainage lan for the S �'t the shall alter of C ©moron. Areas and buildings on a Benefited i�c,.. no Owner of tae l�enefitted Lot sh the flow of surface water onto a Burdened Lot in a manner that would materially increase the volume, or materially decrease the purity or quality, of surface water flowing onto the Burdened Lot. 2.01.12. Consent fs r Aa s 4itigati- n .Area. A nonexclusive easement to drain surface water to a storm water sedimentation pond and from there to a wetlands mitigation area ( "Mitigation Area ") located on the property west of the Shopping Center. 2.0L13. Fire and Ernergetrz A, ccfm. A permanent anc perpetual nc pedestrian and egress nonexclusive easement for fire and emh.ere y ped esian and vehicular access to ' g( No construction, installation or placement of any from, Common within the Building(s) s) and �omm�on s the Common Areas of the easement area, permanent improvements shall all permitted other than surface improvements which shall not interfere with the unimpeded access described herein. 2.02. I.il ceded Access. The Owners agree that no barricade or other divider will be construct& between the Lots avid the Owners and Occupants will do nothing to prohibit or discourage the free and uninterru ted flow of vehicular or pedestrian traffic throughout the g p � Shopping areas designated for such purpose on the Site Plan; provided that each Owner in Center in to temporarily erect barriers to avoid the possibility of dedicating such owY11 right Po Y p , g or creating prescriptive rights therein; provided that no baricade shall areas public uanother Owner's lot. Notwithstanding anything contained herein to the p access to g contrary, ' nothing in this paragraph shall prohibit the Owners or Occupants of Lots 1, 2 or 3 from (i) conducting limited sales of products, such as hot dogs and the like, from moveable carts located on sidewalks and under caoopies on such Owner's or Occupant's Lot, or (ii) installing or maintaining a video cassette q olle c ion box in the parking area on its Lot. Enerrients,;lurtenytnt. Each and all of the easements and rights granted . or created herein are appa rrterance6 to the affected portions of the Shopping. Center and none of the easements and rights may b+a transferred, assigned or encumbered except as an appurtenance to such rights, particular areas of the portions: For the �f such easements and ri his, the parti . Center which are benefitted by such easements shall constitute estate, and Shopping _ . which Y ....ant and y ►h flits t e door easements and. rights the particular areas of the Shopping Center which are burdened by such ease 1, shall constitute the servient estate. DJM- 11206L1 Augur' 11; 1993 11 :36am L n-- 2.04 N i .and Effect of Easements. Each and all of the easennensrs, covenants, restx ictions and provisions contained in this Declaration: (a) Are made for the direct, mutual and reciprocal: benefit of the Owners and Occupants of the respective Lots; (b) other Lots; Create mutual equitable servitudes upon each Lot in favor of the (c) Constitute covenants running with the land; and (d) Shall bind every Person having any fee, leasehold or other interest in any portion of the Shopping Center at any time or from time to time to the extent that such portion is affected or bound by the easement, covenant, restriction, or provision in question, or to the extent that such easement, covenant, restriction or provision is to be performed on such portion. 2,05. Tyr nsfer of Titt. The acceptance of any transfer or conveyance of fee respective heirs, representatives, successors or assigns of all or any from any Owner or its r� � Y part of its interest in its Lot shall be deemed to: (a) Require the prospective grantee to agree not to use, occupy or allow any Oec;� pant of such occupy any . h �• � , uch Lot to use or occu the Lot in an manner which constitut,' a violation or breach of any of the Restrictions contained herein; and Require the prospective grantee to assume and agree., to perform and the conveying party under this Declaration with each .and all of the obligations oft y y g P� respect to any such Lot which will be conveyed to such granter, in each case by a written instrument executed, acknowledged and recorded in the Offit a of the Washington Coun ty Recorder. Notice of each s uch conveyance and agreement by conveying party upon : or entity they owning fee shall be served b the cone �-;,. party wit�un each party � g title to any part of the Shopping Center days after such conveyance. The notice accompanied by copy conveyance agreement. be accom anted �► a co of the cone rice and agreemec� . Upon ouch tssum tion by the new .tee and the service of , proper notice, e the Y � • conveying in a �tv shall thereupon be > released from any future re obligation under this ,�onv y p� Y Declaration with respect to the Lot so conveyed to the prospective greeatee in compliance with this document, but shall not be relieved from obligations incurred or accruing prior p Owners agree to execute and and nor to such The Own .. uc a�3sum do .,- desirable to evidence deliver any and all , documents or assurances neceessar� :.. . ` When a grantee is a for the u: se�' of .recor�;�in or othe tu rwise. such o release personal liability or re onsibili shall be deemed to be assumed 0 o � responsibility Lxenholder, n by such Lienholder until and unless such Lienholder actually takes posseel.Sion of rum-112068,1 At 411, 1993 11:36am -1 ro, • o A' . Co a Lot in connection with a mortgage foreclosure action, including without limitation acceptance of a deed in lieu of foreclosure: BUILDING AND COMMON AREA DEVELOPMENT 3.01. Budd' ing Location . t,Timing All buildings and other structures (except those permitted in Section 3.02 below) shall be placed or constructed upon the Lots only in the Building Areas; provided, however, that canopies, eaves and roof overhangs (including columns or posts supporting same), normal foundations, utility cabinets and meters, :,,igns airl doors for ingress ;;nd egress may project from the Building Area into the Common Ana. All Building Areas hi the Shopping Center on which buildings are not corn* or n. ~der construction on t he date the first Owner or Occupant opens for business on ,T t Lot shall be covered by grass, gravel or a one inch asphalt dust cap and shall be kept mowed, weed free and clean at the Owner's sole expense until such time as buildings are constricted thereon. 3.02: ommon Area The Common Area is hereby reserved for the sole and exclusive use of all Owners, their Occupants, consactors, employees, agents, customers, licensees and invitees and the subtenants, contractors, employees, agents, customers, licensees and invitees of such Occupants. The Common Area may be used for vehicular driving, parking (except that there shall be no multi -level parking except Y4 o n a. pp roval of the Consenting Owners, which approval may be granted or withheld in their sole discretion), pedestrian traffic, directional signs, sidewalks, walkways, landscaping, perimeter walls and fences, parking lot lighting, Utility Facilities and Service Facilities and for no other purpose unless otherwise specifically provided in this Declaration. No buildings or structures not shown on the Site Plan shall be placed of constructed hi the Common Area, except pylon and directional signs (as provided Section 3.03.5 below), paving, bumper pants or curbs, landscape planters, /fighting standards, perimeter was and fences, utili ty pads and equipment, sidewalks and, to the extent they acre located at and do not impede access to the rear of any budding in the Shopping Center or the Service Facilities. The Common Are shall be developed hi accordance with the Site Plan and maintained as provided for herein. The sizes and arrangements of the Common Area improvements Site P shown on the y Plan, incl�►ading, without limitation, service drives and parking areas, striping, traffic directional arrows and signs„ concrete; bumps, parking let lighting, perimeter walls and fences, and landscaped areas, together with necessary planting, shall not be materially ;hanged without the prior written apps oval of the Consenting Owners. 3.03. Architectural Standards. building in the Shopping now in �L 3.03.1. F.,le�ra ons and Buildin Sianag�. Each she .y designed so that its exterior or o� ►levatia ns future, � be of first ugh , construction ( eluding, without limitation, color) will be architecturally n r quality n and architecturally � deal and aesthetically co np',tible and harmonious with all tithe- buildin s in the Shopping Center, N g app g No may be constructed any existing building materially changed b.' �-g y . y �� � g withou� lima ' uilw in � Cation nor the exterior of the (including, ,color and finishes) without th., prior written approval of the DJM y1,NLO6a.1' A /i i993 tit3 -1 o. , Consenting Owners as to the 'exterior elevations (including, without "Imitation, color and finishes) of the building to be.; constructed or modified. Anything in this paragraph to the contrary notwithstanding, before the construction of an;; building or any modification of an existing building which requires approval is commenced, sufficient information shall be sent to the Consenting Owners to unable the Consenting Owners to make a reasonable determination as io the architectural and aesthetic compatibility of said building or modifi c ation with all other buildings in the Shopping Center. No Consenting Owner may arbitrarily or unreasonably withhold its approval of the proposed building or modification if it is architecturally and aesthetically compatible and harmonious with all other buildings , in the Shopping Center. Each y P � t ` harmonious with Consenting Owner must approve or disapprove the proposal within 30 dz&ys after receipt of a complete proposal, and, if such Consenting Owner disapproves of a proposal, it sr,ll provide a written exg' rtation in reasonable detail of its reasons for disapproval. If a Consorting a Owner PP g Aejcts or disappproves the p-.iposal and fails to provide such explanation within the 30 day period, such Consenting Owner shall be deemed to have approved same. If the proposal is disapproved as provided herein, then an alternate proposal may be submitted, which alternate proposal shall be handled in the same manner as the initial or any subsequent proposal, except that the time period for disapproval shall be shortened to 10 days. 3.03.2. Fire 1Rating Integrity. The buildings to be constructed on Lots 1, 2, and 3 shall be Type Five - Nonrated (V -N) Construction as defined in the Uniform Building Code of the, State of Oregon. Each Owner agrees not ca f to construct, or m or permit to be ' Lot, y • g, • p . t which will impair in con�truetesi on such Owner's Lot an building, wr.1 rovetneri;� or structure Rrhtch any manner the sprinid ,red fire insurance rating of the building to be constructed on any other Any . g, P constructed Lot. An bunldnn improvement or structure constructed on an adjacent Lot ctural modifications and maintained in such manner as to not require an��ui stconstnu constructed on non-structural Shopping Center dung on any other Lot. All contiguous b g to the burl � � y like all have an automatic sprinkler system stem constructed in accordance with NFPA Standard 13, for a minimum protection level based on ordinary hazard, group 2 occupancy (or a like successor standard). The walls at or adjoining the property line of each Lot shall be constructed as s astate walls adjoining a p ro lty line, and shall conform to all requirements of the applicable building codes, including, limited not lmited to the requirements of (a) fire resistive construction, , (b) prohibition on openings, and (0) parapet walls. All portions of a building shall be classified as the same type (f conistructiof mad shall be constructed only of materials allowed for the type of construction sprciied :: Sh tcture. No building shall be built in such a manner as to adversely affect or threaten the stntctural integrity of any other building in the Shopping Center. 3.03.4. Buxading ;lei h All buildings on Parcels 1, 2 and '3 shall tie • a ,, s shall not exceed 31 feet in height. All other buildings with and s i no nut i e permitted and Shall not exceed 22 feet in height sup 1� story With mezzanine single story w th ��nm PP g (hall s (including mechanical fixtures an! equipment . . _: . screening for same). No me zzanin basement shall be used for the sal e bir display of . rr aM inzo6a.l At,Nst 1i i993 1lz36am -12- es- ca • ti 1• 3.03.5. Is lon or M num et t Signage. Subject to government ] i approval, two free - standing signs shall beerected at the locations designated "Center Pylon !i k ;n" on the Site Plan. It is agreed that there shall be a shared pylon sign with Lot 1's Owner having the first choice of position for a single Occupant of Lot 1 (the "First Sign User "), Lot; 2's Owner having second choice of position for a single Occupant of Lot 2 (the 'Second Sign User "), and Lot 3's Owner having third choice of position for a single Occupant of Lot 3 (the "Third Sign User "). If there axe two pylon or monument sign structures permitted, the second pylon or monument sign structure shall bear the sign face, of a single Occupant of Lot 1 only and the costs of construction and mnaintenance of such second sign and the easements associated therewith shall be borne by the Owner of Lot 1. The costs of construction and operation (including utilities, maintenance, repair and replacement) of the shared pylon structure and the easements servi sing same, and the allocations of the permitted square footage of sign fascia on the shared pylon structure, shall be (1) 47% for the identification sign of the First Sign UF,er, (ii) 21 % for a changeable letter sign for the sole use and benefit of the First Sign User, (iii) 16% for the identification of the Second Sign User, and (iv) 16% for the identification of the Third Sign User. The sign fascia on the pylon or monument sign structures ( "Pylon Fascia ") shall be separately circuited and illuminated by each Owner during the operating hours of the store on its Lot. Each Occupant displaying a designation on a Center Pylon Sifo shall supply and maintain its own Pylon Fascia, and shall have the right to change or ,replace such Pylon Fascia at any time or from time to time, and shall be responsible to assure that any change in its signage conforms to legal requirements and does not impair or dimiaish the sign4-.: rights of the other occupants displaying signage on such Center Pylori Sign structures. The design of the Center Pylon Sign structures shall be subject to the approval of the Consenting Owners. There shall be no other signs, except approved business identification signs on buildings ( "Building Signs') and directional " sign,, in the Shopping Center. All directional signs, 'Pylon Fascia and Building Signs shall require the prior written approval of the Consenting Owners, which shall not be unreasonably delayed or withheld, provided however that the standard signs and logos of Cub Foods, PETsMA .T and any Nati nal Chain occupying space in the Shopping Center, as they may exist from time to tune, are hereby approved to the extent such signs shall conform with Cub Foods', PETS T's, or such National Chain's respective current new store sign p :ickages. Except as specifically set forth in the preceding sentence, Building Signs shall not include any image or copy except the name of the business or service to which they pertain. In addition, the Buildin g Si g. t s shall (i) employ no letters which exceed ten feet (10') height p 1, long as they are occupying more than twenty- for the Owners or Occupants of Lots 1 2 and 3 so if n f Gross Floor or five feet (5') in four thousand (24,000) or more contiguous square feet o G ss Area, ( ) height for Owners or Occupants occupying less; than twenty -four thousand (24,000) contiguous square feet of ` Gross Floor Area, nor shall the length theieof exceed' seventy percent (70%) of po individual any Occupant, Dual pan channel _ the store f ..._ such (iii) ..4. t h rtnta a of an .. h Owner or Occ�i ant (ii) be cam letters, and not painted single re internally illuminated if p ` sign fascia, (ui) at all iv utilize no flashing, m vO in or audible lights or v u tenances .: and (v) not illuminated ( the building roof � _ ( ) P g g 1' s extend or Protrude above the top of th ` g or parapet, nor be mounted to the roof, The Consenting Owners shall have the right to promulgate, penthouse walls, or screening. g g p ga , ou modify and enforce such sign criteria for the Shopping Center pis they, in the reasond;,ble exercise . r thr o un s rve the Shopping g Y� of their sole discretion, shall deem necessary to promote and/or 'prese � hopping Conter's },M- 112068 +1 Au81u311 1993 11 :361¢m A 4 • character as a first -class shopping center. Notwithstanding anything contained herein to the , p hang or display contrary, the Owners or Occupants of Lots 1, 2 and 3 may from time to time banners or other temporary signage on or about the exterior of their respective Buildings or on the interior or exterior glass surfaces of the windows and doors thereof. 3,04. onstructjon Re u rreement4. 3.04.1. No interference. Ali wok performed in the construction, maintenance, repair, replacement, t� ��lacement, alteration or expansion of any building, sign or Common Area improvements located in the Shopping Center shall be effected as expeditiously as possible and in such a manner as not to unreasonably interfere, obstruct or delay (i) access to or from the Shopping Center, or my part thereof, to or from any public right -of -way, (ii) customer vehicular parking in that portion of the improved Common Area located in front of any building con- structed in the Shopping Center, or (iii) the receiving of merchandise by any business in the • Y Y , PP g � (� g Shopping Center including, without limitation, access to the Service Facilities. The Owner or Occupant undertaking such work shall take all necessary measures to minimize any disruption or inconvenience caused by such work to the other Owners or Occupants of the affected portions of the Shopping Center, and shall make adequate provisions for the safety and convenience of all Owners, Occupants and Perrnittees in the Shopping Center. Dust, noise and other effects of such work shall be controlled by the Owner or Occupant undertaldng the work, using the b nst • utLized control such deleterious effects associated with accepted customarily c teal methods customanl uteri in order to area. The Owner or Occupant undertaking projects populated developed P construction ro ergs in a Mated or such work shall repair, at its own cost and expense, any and all damage caused by such work and shall restore the affected portion of the Lot upon which such ,park is performed to a • 'on equal to or better than the condition existing prior to beginning such work All such cok�idit eq n existiii � u days' ip r= R . only giving Owners 30 days pr >r written notice, of the work work shall be undertaken onl after vcn�q the �.�,wners to be undertaken, the scope, nature and extent of the work, the duration of the work, and the area in which the work is to be performed. Such notice share include any plans or specifications for the work which is to be accomplishe l on the affected La. Staging for the construction, rep i .. p y . g... , ' improvements • �,, � � � Common Area replacement, alteration or expansion of an l�t�ildir , s �, ►n o• Co any temporary Shopping � � . � . in Center including, without limr.ca..ao�t the location o' of construction located or construction sheds, the storage o f building materials, and the parking buildings o s vehicle and o, .. . equipment . shall be limited to that t po rtion of the e Shop ping Center approved ed in writing b Y r,h Consenting Owners. Unless otlet° i -L specifically stated herein, the person contracting for the performance of such work at its so le c ost and a nse, promptly repair t repaired p ditio .g �r , promptly Y condition all Buildings, and. restore o, cause ►.� be roh�i tl and. restored to its prior of such work. signs and Common Area improvements damaged or destroyed in the performance 'A , n i .. . If, because of any ?ct 3:04.i. Mec__ �____: r�'��� Lens � Y (or alleged act or omission) f any Owner or Occupant, any mechanic's or t' or omission ( .g with �., construction lien shall be filed i respect to any portion of the Shopping Center '(whether or not such lien is valid or enforceable as such), such Owner or Occupant shall cause same to be discharged of recoil, or bonded, with respect to such portion of the Shopping Center! not owoie by such Owner, wilthin thirty (30) y • filing s j , and Occupant Y s after. the filirc th+�reof, :anal. such Owner an 30 days bJM-i 120631 Augustin 1993 11 JGam • shall defend, indemnify and save harmless all Owners, all Occupants, X11 ground and underlying lessors and all Lienholdcrs with respect to any portion of the Shopping Center for, from and against all costs , liabilities, s, suits, pe nalties, claims and demands, including reasonable attorneys' fees resulting therefrom. If such Owner fails to comply with the foregoing, any other Owner shall have the option of discharging or bonding any such lien, and if such option is exercised, the Owner whose act or omission (or alleged act or omission) gave rise to the lien sha'd . reimburse the Owner who discharged or bonded such lien for all costs, expenses, and other sums of money (including reasonable attorneys' fees and costs and an administrative fee equal to 15 % of the lien discharged or bonded) in connection therewith promptly upon demand and such Owner shall have all rights with respect to the amounts owed to it which are available at law, in equity or under this Declaration. 3.04.3. croachmen The parties acknowledge and netted . agree that incidental encroachments upon the Common Area may occur as a result of the use of ladders, sr:affolds, store front barri �cades and similar facilities in connection with the construction, maintenance, repair, replacement, alteration or expansion of buildings, signs and ... the Shopping Center, all of which are permitted g Common Area improvements ocatednm t the use of such facilities are expeditiously pursued t hereunder so long as all activities p to completion and are rformed in requiring ch a manner as to nini�nize any interference with use of p pe the improved Common Area or with the normal operation of any business in the Shopping Center. 3.04:4. Reestiielion.gagsin struction Acidities. After completion of talethe +�, g p i�r�.a1 construction of the buildings and improvements on the Shopping Center it is arced t for.eme emergencies or upon the written approval Consenting there shall that; except rg � _,rr vat of the Consent�n Owners, the I be no construction activities in the Common Area from October 1 through December 31 of each year. Nothing contained herein ` shall be deemed to prevent or prohibit the performance of Common Area maintenance under Article IV of this Declaration. 3.05. netzieand Condexnnation. In the event all or any portion of any structure in the Shopping Center is damaged or destroyed as a result of casualty, or is taken or damaged as a result of condemnation (or transfer in lieu thereof) the Owner of the Lot upon which so,.h structure is locat ed shall innnkedi ; tely repair and *~;place the damaged portions of such structure or, in lien thereof (except in thin case of Common Area structures), shallr remove or cause to be removed the damaged portion of such buildings) together with all rubble and except .... � Area del ►ns related thereon, and e��c t as otherwise provided in Article Viii, the vacant Building sling thereafter be maintained as provided' in Section 3.01 until' buildings are again placed thereon: i hX- 1120: %s. Allot it, 1993 i1:36anm 4' e 4 MAINTENANCE OF BUILDING AND COMMON AREAS 4.01. B ' amain amice. Bach Owner shall maintain or (;vase to be uildme maintained (i) the exterior of any Building located on such Owner's Lot(s) in a quality and condition a omparable to that of first class shopping centers of comparable size and hat ire located in al , (ii) .. . n the same metropolitan area as the Shopping Center and (ii) all Service Facilities hmneened from view from the g do areas, except those ice Facilities which face areas not typically seen or used by customers of the Owners and Occupants of the Shopping Center... 4.02. anon , ce. Baca Owner shall maintain or cause to be maintained its � • Ma�.ntenait . , .. y t Lot in accordance with the standard set forth for buildings in Swim 4.01 above and all applicable laws. Such maintenance shall include, but shall not be limitf d to: (a) Maintenance, repair and replacement of the surface and su. • � pep • ,,,� subsurface • y , of �roarkir�g lots and driveways situated on the CO M11100 Ar..a to maintain it level, smooth and e 4 ven1 y with the type of materials originally constructed covered thereon or such substi tutes as will in all respects be eq!l to such materials in quality, appearance and durability; (b) Maintenance and care of all grass, shnibs and landscaping, including, but not lnnited to, the fertilizing, wakli ing, mowing and trimming thereof and maintaining, repairing and replacing (when necessary) automatic sprinkler systems and water lines; (c) Removal from the Clm non Aa; as of papers, debris, ice, snow, refuse and other h tzaurd5. to Persons using the Common Areas, and washing 'or thoroughly sweeping paved areas as required; (d) Maintenance of such appropriate vehicular entrance, exit and directional signs, markers and lights as will be reasonably pennitted or required from time to tune; (e) painting repainting as may be required to maintain e Such tin and the. Common Area and equipment nit.talled thereon in high quality condition: The Owners shall coordinate any parknig lot resurfacing or striping so that the parking lot retains its appearance as an i itegrat:4 common parlong lot; (f) Maintenance, repair and ,.placement of the Cotillion Area lighting . , • .. , w..,�... • . .. . facilities walls storm acorns mower lines and other utility lines Ilnd facili ties and po n Area in an attractive, syrVlceable and functional all other mops of the Conimo condition; and DJM- 1t2tX11.I' Aigust 11, 199311:36* fl completion of construction each Owner covenants and;a (g) After cornple , g any allowed video maintain and keep the building improvements, including an eo collection box and reclamation area, if any, ,located on its Lot in a fiat-class, good, clean condition and state of repair, in compliance wits all governmental laws, rules, regulations, orders and ordinances exercising jurisdiction thereover, and in compliance with the provisions of this Dec1ar tion and tile Site Plan. Each, Owner further agrees to store all trash and garbage in adequate containers, to locate such containers so that thy are not visible from the front of the parking area, and to arrange for Tregular removal el cinch dash or garbage. 4.03, Failure to Properly Maintain. In the event that any Owner or Occupant shall fail to properly nlaintain the exterior of its Building or that portion of the Common Area which is located on its Lot or otherwise defaults in the performance of any of its obligations under this Declaration (such Owner or Occupant being bercin referred to as the "Defaulting Party "), any other Owner (hereinafter referred to as the "Nondefaulting, Party') may send written g Party. St _eh notice shall contain an itemized statement notice of such failure, to the Defaultin mart . 5;�,h notice., of a spet,ific deficiencies (hereinafter referred to as the "Deficiencies ") in the Defaulting Payhy's performance of the obligations to be performed by it. Except for emergency situations, the Defaulting Party shall have 10 days after receipt of the said notice in which to correct the Deficiencies or in which to commence to correct the Deficiencies if the Deficiencies c of be corrected wittsn the said 10 day period, and thereafter, to proceed diligently to complete the correction of the Deficiencies. An "emergency situation" is a situation which threatens access to a Lot or threatens immediate substantial loss or damage to real or personal property or any personal injury or death to persons. In the event that the Defaul 'ig Party shall ur< <easonably fail or retuse to timely correct or to begin to correct the ' ►eficioncies, as the case may be, the Nondefaulting Party may, at it', option, correct the Deficiencies. In the event that the Nondefaulting Party shall exercise the said option and shall correct the Deficiencies, the Defaulting Party shall, promptly upon receipt from the N'ondefaul ng Party of an itemized invoice for the costs incurred by the Nondefaulting Party in correcting the Deficiencies, pay all costs to the Nondefaulting Party plus interest thereon at the Prune Rate plus 6% per annum until paid. 4.04. Mgintenanc,r of ;Easem� ant. gym. Except to the extent that such areas might be operated and maintained by public authorities or utilities, the Owner of each Burdened Lot will operate anti maintain or cause to be operated and maintain d all of the areas of the Burdened Lot which are subject to the pedestrian, and vehicular easements created by Sec lions 2.01.1 and 2.01.2 of this Agreement in sound ,structural and operating condition at the sole of the Owner of the Eurdened lot. 'The operation and maintenance of the common n 2j01.3 of this Ag'eement and the component encroachment easements created by Section i y payment of the expenses associated therewith will be governed by the terms of Section 2.01.E Pa,y � � y specific agreement the B; nefiti ed Lot and th Burdened n 2� anc� a ain all' do 01:4 w in the absence of s ific a meat betwee�� the Owners of Lot, The Owner of each Burdened Lot pursuant to Section will operate and mains • : _ boundaries of such Burdened Lot in sound structural and Utility Facilities located within the boon - .. (except extent. that such operation and ,�nainten�A ce is performed by, es or xc t to the operating co ndition public authorities + . _ s expenses occasioned thereby will be borne by the Owners oriti utilities) and. any � ,� y of all Lots in ... p Lot the ratio which. thy.. Gross Floor Area of �., irn rov�ements located on each D1).1,112063,1 Aoi u,t 11, 1993;11 :36.1m _17- bears to the total Gross Floor AMA of the improvements located on all Lots; provided, however, that " except as otherwise set forth in Article 4.05 below, each Owner will pay all costs associated with the operation and maintenance of Utility Facilities and the consumption of utility services which ft late solely to the improvements located on a single Lot and no <3ther Owner will have any liability with respect thereto. No costs of operation and maintenance are associated with the easements provided by Section 2.01.5. The costs of operation and maintenance of the easements provided by Section 2.01.6 shall be borne by the Owner of the Benefitted Lot. The costs of operation and maintenance of the easements provided by Section . borne by the Owner of the Burdened L �t. The cost of operation and maintenance z O1 7 shall be bo pe , na,.�ce of the easements provided by Section 2.01.8 small be borne by the Owners of the Benef;cted Lot(s). The cost of the operation and maintenance of the easements provided by Section 2,01.9 shall be borne by the Owner(s) of the Benefitted Lot(s) unless a default of the owner of the Burdened Lot(s) caused the use of the easement. The cost of operation and maintenance of the easement provided by Sections 2.01.10 shall be borne as provided in Section 3.03.5 the cost of operation and maintenance of the easement provided by Sections 2.01.11 shall be borne as provided in Section 4.07, and the cost of operation and u,Rintenance of the easement provided by Sections 2.01.12 and 2.01, 13 shall be borne by the Owners of the Burdened Lots. 4.05. Parldng_Ut. Lighting. The Owners agree that, they will cause the parking lot and driveways on their Lots to be fully illuminated for the minimum time periods set forth below: Date (each year) Hors of pia la` January 1 October 31 One -half hour before sunset 'rail 10:00 p.m. November 1 - December 31 One -half hour before sunset until midnight Between the hours when the parking lot is not required to be fully illuminated ,end sunrise on day, _g greater (i) .n the next da the parking l�at shall be tllummateci at the rte_r of (i) 20 �b of full illumination, by City authorities security u ses„ The Owner of any Lot minimum uest the level tin ursed es roe secant . y y request g the Owner of any other Lot to extend the hours of full illumination y ination of the p_ Akin. lot beyond the times set forth above. In the event request, such hours of illumination shall be extended as requested and the Owner(s) who make such �, su v �) nest shall be solely responsible for all cdditionai utility charges incurred for the extended hours of full illum ition. The additional utility charges shall be promptly paid upon invoice therefor: 4, 06. Taxes. The Owners of each Lot shall pay or cause to be paid ar► real 06 assessments .; - .ls aid special + :.. , .. e portion ° "�� � atluch ,� leveed against that rb on of the Common ,!'yea estate t� � 4 on its tot prior to delinquency of such tram or "pecial: assessments t9 4.07. - f jjetl ds `�� t''n l` : `d rr. :. . �- " mince � � � �� � . � � ., The Owners acknowledge —�' e Mitigation � � g � ..�.'- .�.._s'�..1� eS � l'h... .: that th g- Area will be constructed and hereafter n�a�nta:. �:�i m connection with the development p � . Shopping Center and the Pnopertj►, Vie Owner of Lot 1 shall perform all ent of the 5ho m Cent rrqui:� i monitoring, maintenance and repair with respect to the Mitigation Area and the 1)JM= 112068.1 Must 11, 1993.11 :36 04 .n, l w ties relating thereto, and all costs therefor after the initial construction and establishment thereof, shall be paid by the Owners in the ratio which the Gross Floor Area of the Buildings each Dot Expansion on c�dn o or Ex ansion Area bears to the total Gross Floor Area of the improvements located on all Lots, except that the total liability of Lots 2 and 3 and the Owner or Occupants thereof in connection with any Mitigation Area shall not exceed Two Hundred Dollars ($200.00) per calendar year per Lot. V. ENFORCEMENT - IINTJUNCTIVE 5.01. Remejjes. Without limiting any other rights or remedies available at law, in equity or under this Declaration, in the event any Ow.rter, Occupant or any Permittee of any part of the Shopping Center violates or threatens to violate; any of the terms, restrictions or covenants required to be performed by any such person or entity, or violates or threatens to violate any restriction or condition set forth herein binding on such pq,�rson or entity, then any other Owner shall have, in addition to the right to collect damag s, the right to enjoin such violation or threatened violation in a court of competent juYiso,1tion. 5.02: Notice. Except in emei ei cy sEpuations an Owner will not be in default under this Declaration unless suc ca party shall have been served with a written notice specifying the default and shall fail to cure su to default within 10 business days after receipt of such notice (cr sucill longer period as may be required uracier any of the provisions of this Declaration), or shall fail ' to commence to cure the elefault within such period of time if the default cannot be cured within the said 10 day (or longer) period, and thereafter, to prod diligently to complete the curing of the default. .03. Breach Does Not Affect Declaration. It is eif,prec.sly agreed that no breach of this Declaration shall entitle any party to cancel, rescind or otherwise terminate this Declaration, ` but this limitation shall not affect, in any manner, any other rights or remedies which the parties may have by reason of any broach of this Declaration. Any breach of this Declaration shall not defoat or rendrxe invalid the lien of any mortgage or deed of trust made in good faith for value, but this Declaration shat )e binding upon and be effective against any Owner whose title is acquired ;y foreclosure, trustee's sale or otherwise. RES t 1C'HONS ON DEVELOPMENT AND USE t�- 6.01. Site Plan. It is agreed that the Shopping Center share be developed and utilized consistently with the Site Plan. No Owner or Occupant shall construct or permit to be ' Lot any • ` g of any kind, except in the areas constructed on such Owner's .Lot an buildings or structures o designated therefor on tile; Site Plan. No party shall wake material changes to the Common , Areas on ;its Lot, including, without limitation , changes to the parking spac, °s; driveways and footways Common Areas, the entrances and exits of the Como , lighting y � the CoYnmo ��n Areas the syste ;n servicing the Common Areas and the traffic flow pattern of the Common Areas from the 113M- 11206841' Atilt 11, 19":03 11:36am' F, -19- • layout therewf shown upon the Site Plan without the approval of the Consenting Owners, which approvals may be withheld in each Consenting Owner's sole discretion. If any hieiway median strip break or cross -over now existing near the Shopping Center shall be relocated, or if the installation of a highway, median strip hereai? er Ll ? 1 include a break or cross -over near the Shopping Center, such relocation of the vehicular entrances, exits then the Owners shall and driveways of the Shopping Center and changes in the traffic y pp g g c flow pattern of the Shopping Center as shall be reasonably necessary to conform the same to the new median strip break or cross -over. 6.02. Supermarket Use Restrictis,. For so long as Lot 1 is being used or has during the immediately preceding twelve (1 2) months been used for ithe operation of k supermarket, no portion of the Shopping Center, other than Lot 1, shall be used as a supermarket (which is hereby defined to mean any store, bakery, or delicatessen, engaging in the sale of fresh or frozen meat, poultry, fish or produce for primarily off-premises preparation or consumption or otherwise primarily devoted to the retail sale of food for off-premises preparation and consemption). Notwithstanding the foregoing, nothing herein shall prevent or prohibit the $uPding on Lot 2 from being leased, occupied or used as a general merchandise discount department nt store, or for the retail sale of pet foods, prcdtrcts and services as more fully ses forth in Section 6.03 below, or for any other lawful retail use provided, however, that for so long as Lot 1 is tieing used or has during the immediately preceding twelve (12) months been so used for the o -ration of a supermarket, no more than 5% of the Gross Floor Area of each Pe f food (not including pet food) for store m the Shopping Center shall be devoted to the sale o off- premises preparation and consumption, paper,,, and soap and cleaning products as reasonably demonstrated by records maintahied by such store, which records shall be made available to the Owner of Lot i in a timely and reasonable ma kner. upon written request. So long as Lot 1 is being used for the operation of a supermarket or has been so used within the preceding twelve ) may solely by the by %2 months, this restriction ma be waived solel b the owner of Lot 1 in writing b an in, rument recorded in the Office of the Washington County Recorder. 'b. twelve .. ^,4 + r (12) ..month: period referred to in this Section 6.02 shall not include any period durinf, which the particular use lapses due to damage, destruction, condemnation, or remodeling of the bulling on Lot 1 so long as the Owner thereof diligently proceeds with such repair and restoration of such building reasonably calculated to permit resumption of such use. 6.03. PETsMART tkeitestriction. AS long as the Lot 2 is used by PETsMART or any tenant, assignee or successor" of PETsMART to conduct any part of PETsM CT's Primary Business, all other Owners and Occupants in the Shopping Center shall be prohibited from, engaging in any part of PETSMART's Primary Business, except that the Owner or Occupant of Lots 1 and 3 shall have the right to engage in sales of products which are included within the definition of PETsMART's Prhnaiy Business,, so long as no more than 10% of the Gross Floor Area on each of I its ), and 3 small be devoted to the s'•ile of such products as re soirably demonstrated by EICOIriiS maintained by such Owners or their Occupants, which records shall be made available to the Owner of Lot de in a timely and reasonable !tanner uy, n written request. M used herein, uPETsMART's Primary Business`' shall mean retail sales of DIM-112o614 kivist 11, 190 11:36ain Ito pets (including blAt not limited to fish, bird ;, reptiles, dogs, cats and other small mammals), pet g �g, veterinary ry and other services, pe t food, pe t accessories es and other products. od acts. 6.04. Size Restrictions. The aggregate Gross Floor Area of all restaurants ocated on the Shopping Center shall not exceed 7,500 square feet, and the aggregate Gross Moor Area of all professional and business offices, if any, located on the Shopping Center shall not exceed 5,000 square feet. Further, there shall be no "drive - through'' structures located on the Shopping Center without the prior written approval of the Consenting Owners, which approval shall not be unreasonably withheld or delayed, provided that such a structure may be located on the Shopping Center in connection with the operation of an office or branch of a 1oca, th financial institution with the prior written approval of the Owner of Lot 2, as to the location of the structure,; which approval shall not be unreasonably withheld or delayed. It is agreed that t least one basis for the withholding of approval shall be that the stacking lane(s) or points of ,gress and egress requested would unreasonably impede ingress and egress to the Sh o K ing Center or unreasonably construct or congest t'.; flow of vehicular traffic within the Shopping Center. My failure to respond for a request for approval of a drive- through area within fifteen (15) days shall be deemed consent to the proposal. 6.05. Prohibited _. Uses. No use or operation shall be made, conducted or permitted on or with respect to all or any part of the Shopping Center, which use or operation is obnoxious to, or out of harmony with, the development or operation of a first -class shopping center, including but not limited to, fir following: (a) Any public or private nuisance. (b) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness or loudness (c) Any excessive quantity of dust, dirt, or fly ash; provided, however, this prohibition shall not prelude the sale of soils, fertilizers, or other garden materials or building materials in containers if incident to the operation of a supermarket, home improvement or other similar store. (d) Any fire, explosion or other damaging or inherently dangerous hazard, including without limitation the storage, display or sale of explosives or firework g. (e) Any assembly, manufacture, distillation, refining, smelting, agriculture or mining operations: (1) Any mobile home or trailer court, labor mobile l..bor cam junkyard, stock yard or + animal raising. Notwithstanding the foregoing, pet shops and veterinary care facilities shall be permitted within the Shopping Center, WM 12068. AuUu t ii; 1993 ty:36*tki -2lj F.' (g) Any drilling for and/or removal of subspace substances. (h) Any dumping of garbage or refuse, other than in enclosed, covere receptacles intended for such purpose. (i) Any car washing or automobile service establsbment. y (j) Anycommerciaelaundryor dry-cleaning plat; provided, however, this prohibition she" not be applicable to any premises containing 2500 square feet of Gross Floor Area or less if oriented to pick up and delivery by the ultimate consumer and thew are only nominal on -site supporting facilities. (k) Any coin-operated laundry facility. (1) Any automobile body and fender repair wo *k. (rn.) Any flea market, swap meet, "thrift"` store, liquidation outlet, "second hand" store or "military surplus" store. (n) Any liquor store, bar, tavern, c ocitail''lounge or night club,. (o) Any off-track betting facility. (p) Any adult book store, adult vidar store, or adult movie house. (q) Any facility for the impairing, renting, leaning or selling of or displaying for the purpose of ;renting, leasing or selling of any boat, motor vehicle, or trailer. (r) Any entertainment or recreational facility including a theater, .. g. i m, pool i massage . skating .ruck,.. gy dance hall billiard or . gall, iriassa bowling alley, parlor, game parlor, video arcade, heath spa or studio or video rental sere (except the prohibition on the sale or reread of video products or ser,v c 's shall i )c,t be applicable to Lots 1, 2 or 3). ce (s) Any training or educationl facility including, without limitation, co a beauty school, barber college, re ling room, pit= of instzuction, or any other operation catering primarily to students or tiainees as opposed to retail custome . J (t) Any church, reading room or place of worship. (.. expressly u) Any kiosk or temporary structure except as otherwise e r ttzd by this Declaration. DJM 1120dS.1 Ausitst 11;19 ' 11t36em -22- Nothing in the foregoing Restrictions shall prohibit a f911- service sit-down rests, w nt (i.e., a restaurant providing full- service dining) from selling alcoholic ;revenges for on :premises consumption as part of its restaurant btushiess, provided that no more than one -third of the gross retail sales of such restaurant during any calendar month shall be derived from the sale of alcoholic beverages, as reasonably demonstrated by records maintained by such restaurant, which records shall be made available to the Consenting Owners, their successors or assigns, in a timely and reasonable moaner upon written request. Nothing contained herein shall prohibit the Owners or Occup ?ts of Lots 1, 2 and 3 from installing and maintaining a video cassette collection box in the parking area on their Lots. It is also agreed the Owners of Lots 1 and 3 shall have a right to install and maintain in the parking area on their respective Lots a reclamation area to reclaim recyclable products and materials not exceeding 1.0% of the par... king area located on each of their respective Lots in the area designated hherefc therefor on the Site Plan. Any Owner or Occupant installing a video collection box or reclama.tion 0ma shall, at all times, keep and maintain the same in a neat, clean and safe condition and appearance. 6.07. S 1We Except as otherwise set forth in this )Declaration no portion of the Common Area si all be used for the sale or display of services or merchandise,. Se rabih . If any term or provision of this Article VI 6.08. ve ',�s� y p .. a or the application.: of it to any Person or circumstance shall to any extent be inv )lid and unenforceable, the remainder of this Article or the application of such torte or provision to Persons or circumstances, other than those as to which it is invalid or unenforceable, shall no be affected thereby, and each such tends and provision of this Article shall be valid and tshall be enforced to the full extent permitted by law. �II1i. MUTUAL INDEMNIFICATION 7.01. Indemnification, Performat_. Aof Obligations under Qeclaratian. Each Owner and Occupant, with respect to its portion of the Shopping Center, shall indemnify, defend and hold each ether Owner and Occupant ant harmless for, from and ,� p g ° any and all ;claims, a amst an'- anc demands, losses, dasnages, liabilities and expenses and all suits, actions and judgments (including, but not limited to, costs and reasonable attorneys' fees) arising out of or in any way Center in 'a safe and Owner Occupant maintain its portion of the related to (i) the failure by such indemnifying ° . P or Occu ant to m Shopping . proper condition,. (ii) the performance ■t►r non - performance of the h- g ,' . .g. n; and (iii) the . Occupant's this Declaration; � indein ' in Owner's or obligations under indemnifying Owner's or Occupants failure to comply with all Environmental Laws and all other applicable laws, rules, regulations and requirements of all public authorities having J jurisdiction of the Shopping ,Cuter. Each Owner shall give each other Owner prompt and to s. ' claim made or suit or action commenced whicil, in any way, could writ timely notice of any i�. w in indemnification hereunder J' Dirk = i2c611+1. AW, tii# 1i, 1093 11:36int tt 7.02. Indemnification: Damage or jnj iry. Each Owner and Occupant of each Lot hereby agrees to indemnify, defend and hold harmless the other Owners and Occupants for, from and against any and all 1iaNlity, claim, damages, expenses (including reasonable attorney's fees and reasonable attorney's fees on any appeal), judgments, proceedings and causes of action, for injury to or death of any person or damage to or destruction of any property occurring on the indemnifying Owner'; or Occupant's Lot, unless caused by the negligent or willful act or omission of the indemnified person, its tenants, subtenants, agents, contractors or employees. INSURANCE AND SUBROGATION 8.01. Casualty I iabili Insuasen . Each Owner shall obtain and maintain or cause its Occupant(s) to obtain and maintain all risk insurance covering all of the bui►amgs and improvements now or hereafter located on its Lot, in an amount not less than 90% of the full replacement cost thereof. Any Owner having a net worth greater than $25,000,000 may, or may permit an Occupant having a net worth greater than $25,000,000 to, self-insure its obligations hereunder, but such self-insurance shall not relieve any Owner of its obligations to the other Owners. Each Owner shall also obtain and maintain (unless permitted to be self insured hereunder) and, cause its Occupant(s) to obtain and maintain (unless permitted to be self - insured hereunder) comprehensive public liability insurance covering injuries to persons and property on, in or about its Lot, with a single limit of not less than $1,500,000 with a deductible not, in excess of $100;000. Each l�b il:±y policy required hereunder shall .. name the other Owners as additional insureds under said policies. All such policies shall contain a waiver of the right of subrogation. The Owners agree to periodically consult with each other with a view toward maintaining the levels of public liability insurance coverage and deductibles in line with contemporary levels of coverage in shopping centers of similar character, size and location. Each Owner shall furnish or cause to be furnished to each other Owner Certificates of Insurance reflecting this ct verage upon request. In addition, whenever (a) any loss, cost, damage or expense resulting, directly or indirectly, from fire, explosion or any other casualty, accident or occurrence is incurred by any Owner, and (b) such Owner is covered in whole or in part by insurance (or would be covered by such insurance were such Owner not self- insured) with ... spent to such loss, cost, damage or expense, then such Owner hereby releases each other Owner from any liability it may have on account y y ount of such loss, cost, damage or expense. 8.02. Reco nstru Lion. If any Owner sustains a casualty loss to the buildings and /or Common Area on its Lot within 25 years from the date of the recording; of this Declaration in the Office of the he Washington" County Recorder, that Owner EvIV°es to promptly repair an its building and the Common Area on its Lot to at least its condatio a d restore � . ; . � immediately preceding the loss. If any Owner sustains a casualty loss to a building and/or r Common Area On its Lot after that date, that Own r may elect either to repair and rr : to�r�e its g g portion . g, t•~�uildn on the Lot or raze the remauun rtte*:� 4f the building, - remove the del: tie, and . maintain the area from Which the building was removed as provided in. Smtion 3.01. Additionally, in the event an Owner ( "Non - Restoring Owner ") elects not to restore and thereafter. DJPvi- il2068.1. L Auguet,Yi, 1993`11.36an -24- maintain iris building and the portions of the Common Areas located within its Lot after the expiration of such 25 year period, then any Owner may, at its sole expense, restore and thereafter maintain those portions of the Common Areas located within the Non -Resto ring Owners Lot. Ea r;h Owner hereby grants to the other Owners easement rights over such h Owner's Lot in order to perform such restoration and maintenance of sach Common Areas. CONDEMNATION 9.01. Condemnation Awards. If all or any part of the. Shopping Center is condemned or taken by any duly constituted authority for a public or quasi- public use, then that portion of the resulting award attributable to the value of any land within the Common Areas so taken shall he payable only to the Owner thereof and no claim thereto shall he made by any other Owner; provided, however, that all other Owners may file collateral claims with the condem iiing authority, over and above the value of the land w . `lithe Common Areas so taken, to the extent of any damage suffered by the Lots of such c ;h :er Owners resulting from the severance of this appurtenant Common Areas so condemned or taken. The Owner of the Common Areas so condemned or taken shall promptly repair and restore the remaining portion of the Oviamon Areas owned by such Owner as near as practicable to the condition of same immediately prior to such condemnation or taking and without contribution from any other' Owner. Nothing contained herein shall require any Owner to construct other than a ground- level parking lot. If any buildings or other improvements on a Lot are condemned or taken, then the resulting award shall first be made available and used for repair ` and reconstruction of such buildings or other improvements, and the same shall promptly be repaired and reconstructed as near as practicable to the condition of same immediately prior to such condemnation or taking and any amounts of the award not needed for the repair and replacement that can be reasonably made shall be retained by and be the sole property of the Owner of the lkknd, building or improvement taken. co ENVIRONMry :AL MATTERS 10.01. Duties of Users, Except as provided in Section 10.03, neither the Owners nor any Occupant(s) shall release , g enerate, use, store, dump, transport, handle or dispose of any Hazardou s Material within the Shopping Center or otherwise permii the presence of any Hazardous Material on, under, or about the Shopping Center or transport any Hazardous Merhrial to or ,crow the Shopping Center. Any such use, handling or storage permitted under Section 10.03 shall be in accordance with all Environmental Lawn ani all other apphable laws, ordinances, rules and regulations now or hereafter promulgated by any governmental authority having jurisdiction thereof. Neither the Owners nor any Occupant(s) shall install, operate Or maintain any above, below or at grade tank, la d , pit, pond, lagoon or other storage or ;� treatment vessel or device on or about the Shopping Center unless plans therefor have been /.W submitted to and approved by the Consenting Owners pursuant to Section 10.02 hereof. Each Owner with respect to its Lot shall immediately nctif the other Owners in writing of the D" M-11206L1 Atiguit i1, 1993 11i36aiii . a following with respect to such Owner's Lot: (i) any notice of violation or potential or alleged violation of any laws, ordinances or regulations which the Owner shall have received from any governmental agency concerning the use, storage, release and/or disposal of Hazardous Materials; (ii) any and all inquiry, investigation, enforcement, cleanup, removal or other governmental or regulatory aca_ons instituted or threatened relating to such Lot(s); 01 all claims made or threatened by any third party relating to any Hazardous Materials; and (iv) dry release of Hazardous Materials on or about the Shopping Center which such Owner knows of or reasonably believes may have occurred. Such notice shall be accompanied by copies of any notices;, inquiries or other documentation issued to the notifying Owner in conne%°tion with such matters. '10.02. Permitted Use. Storage, Handlingjnd Dizsgasf, ,hazardus Materials. Notwithstanding anything contained in Section 10.01 to the contrary, any Owna, or any Occupant or Permittee may sell;,, store and use products containing Hazardous Materials in, on or about trie Lot occupied by such Owner, Occupant or Permittee or the Common Areas to the extent such products and/or equipment are incident to normal retail operations, and are sold, stored or used in compliance with all applicable Environmental Laws. By way of example and not limitation, such permitted materials may include paints, oils, solvents, sealers, adhesives and finishes, fertilizers, medicines, insecticides and rodent poisons and the like, which may be or contain Hazardous Materials, so long as such products are produced, packaged and purchased for retail sale and generally merchandised or sold in retail outlets. An Owner or an Occupant may also uss other Hazardous Materials in connection with its use of its Lot if suc►i Owner or Occupant has received the other Owners' prior consent to the same. An Owner shall not unreasonably withhold its consent provided (i) the Owner demonstrates to other Owners' reasonable s tisfsction that such Hazardous Materials (a) are necessary or useful to the Owner's or its Occupant's business, (b) will be monitored, used, stored, handled and disposed of ira compliance with all Environmental Laws, (c) will not endanger any persons or property and (I) will not invalidate or limit the coverage or increase the premiums of 'my insurance policy affecting or covering any portion of the Shopping Center, (ii) the Owner or Occupant provides the other Owners with such security as may be reasonably required by the Owners to help secure such ' performance •g. i . i (iii) such su Owner's or Occupant's rformance of its obligations under Section 10 0� and (u P any any e��, may reasonably impose Owner or Occupant ,� with u ant satisfie► an other cueant s use of the subject Ha�.ard:�/.,s Materials. with respect, to t.�e. Owner's or Occupant's p 10.03. Cleanup of Hazardous Materials: In the event Hazardous Materials Center in violation of any Environmental Law and such release are release. within the Shopping y occurred as, a direct or indi eiA result of an Owner's or its Occupant's or Permitt e's use, handling, storage, or transportation of such Hazardous Mat o nl a1, . vs betweo n the e Owners , such Owner or Occupant engaged in activity shall be solely re nsible and s hall be liable a ble for the prompt cleanup and remediation of any resulting contamination and all claims, costs, expenst;s (including reasonable attorney and consultant fees ) and damages, including consequential damages, 'suffered by the other Owners, Occupants and Permi'ctees: rM 11 06aa 2 Aug nt 1,1,,199311:36aaa 0 m LJ XI. DURATION AND TERMINATION 11.01.. P_unti n. The easements, covenants, restrictions and other provisions of this Declaration shv1l be of perpetual duration. 11.02. Amendment ,Ind Termination. This Declaration, or any l asement covenant, restriction or unthrialdng containNI herein, may be terminated, extends or amended as to each of the portions of the Shopping Center only by the recording of the appropriate document in the Office of f.,he Washington County Recorder. This Declaration may not be modified in any respect w E tatsoever or terminated, in whole or in part, , ���:cep the consent ►- t with t of (i) Consenting Owners, and (ii) the Owners and Prime Lessees of the real property containing Co .in not less than sq footage Floor Area in the Shopping ' 66 °b of the total square foots ,e of Gross Fl Center at the time of such modification or termination, and then only by written instrument duly xecuted and acknowledged by the requisite recorded in the e, Owners and Prime Lessees.:. and Office of the Washington County Recorder. in this Declaration Recorder. No modification or termination of shall affect the rights of any Lienholder unless such Lienholder consents in writing to the modification or termination. Each Lot shall have only one vote which shall be weighed based upo n the percentage of the Gross "Floor Area on such Lot compared to the total Gross Floor g Area in the Shopping Center. 11.03. Multiple Owners. The Ow<<lers (if consisting of more than one Person) of et^,ch Lot shall figree among themselves and designate in writing to the Owners and Prime Lessees of each of the other 'Lots a single Person who is entitled to cast the vote for that Lot. If the Owners of any such Lot cannot agree who shall be entitled to cast the single vote gn . h the vote of that Lot, or if the Owners fail to designate the single Person who is entitled to cast for that Lot within thirty (30) days after receipt of request for same from any other Owner or Prime Lessee, then that Lot shall not be entitled to v ce. In the event a Lot is not entitled to necessary V. Gross Floor Area located on said Lot a vote, its consent or approval shall not be n and the � e requirements set forth in this shall be disregarded for the purpose of computing � g req. Section. XIL M!SCELLANEOU5 12.01. Zo't a Public ]Dedication. Nothing contained in this Declarations deemed to, constitute • g on of the Shopping Center shall,.. or shad be dee _ ° y � .. , tute a gift or dedication of an r i� any public purpose general f► general lion will to the enei�l • public or for the benefit of the ene public or for it being the parties be strictly limited to whatsoever, it bairn me mtentian of the art�es that.. this Decimation and for the purposes expressed heron. 12.02. Record, . A i`ully executed counterpart of this Declaration shall be recorded gt in the Office of the 'Washin . �n County Recorder. 1)374 -112062.1 August t,1 ,, 199311:36fm k 0 J CD_' 12.08. Cc+unt mils. This Declaration may executed several counterparts, , each of which shall be deemed an origin , 12.03. Benefit. This Declaration shall inure to the benefit of, and be binding upon, the parties hereto, and their respective heirs, executors, administrators, representatives successors and assigns. Waiver. No waiver of an breach 'of any of 1.2.04. the easements, Y covenorts and/or agreements herein contained shall be construed as, at constitute, a waiver of any other breach or a waiver, acquiescence in or consent to any furthor or succeeding breach the sanfl a or any other covenant and /cr agreement. 12.05. Severability. If any term or provision of this Declaration shall, to any extent, be held invalid or unenforceable, the remaining terms and provisions of this Declaration shall not lbe affected thereby, but each remaining term and provision shall be valid and enforced to the fullest extent permitted by law. 12.06. construction and A liable ., „ . This Declaration shall be construed and enforced in accordance with the laws of the State of Ore on. The captions contained in this Declaration are intended only for convenience of refere c.: end in no way define, limit or de vibe the scope of this Declaration or the intent of any provision here f. Whenever the singular is used, the same shall include the plural and vice versa and words of any gender shall de the other gender. It is acknowledged and agreed that the provisions of loYo include s hereby mutually ac this Declarat on have been fully negotiated between parties of comparable bargaining power with the assistance of co unsel and shall be applied according to the normal meaning and tenor thereof without regard to the general rule that contractual provisions are to be construed wrowly against the party which drafted the same. 12.07. p ' Occupants of the Shopping tom Nance with L,a`w. All Owners and Occ u ants Center shall comply with all applicable laws, orders, statutes, ordinances, rules and regulations of federal, state, county and municipal authorities having jurisdiction and with any order relating to any business conducted by any of them which is made pursuant to law by any public officer An Owner ;hall have the right, upon giving notice. to the ether Owners, Navin due a��ithority. contest an Y obligation gati : .. rsuh Owner urswrtt to the to provisions of this 12.07 and �er com pliance during pendency of such contest, p rovided that (i) the failure of suoh Owner to comply will not subject the other O r to prosectilion or crimindi or civil • , .. h hill imposition post any, bond or provide iv>i penalty (ii) prior to commencing any protest the ��er' � '� Imo' • , penalty assurance as may be required or permitted by law E. wad its and any such other �� a�mp4sitson o damages at each Ow ,er % sole expense, (iii) such or damages or to pay any such penalty or �. g � c Owner shah diligently ursue the resolution of the alleged violations). All other Owners shall reasonably cooperate with P Owner in such contest at such Owner's request and expense, and . � y c°°pe th such 0 reasonably required in furtherance of such purpose. shall execute any documents reaso y req p D3M-i12O68.1 A udil� 199311 :36am y ■ 12.09, Notices. All notices under this Declaration shall be effective if mailed' certified mzil, return receipt requested, as follows (unless notice of a change of address ise given pursuant hereto): A. If to SUPFdRVALU: SUPERVAL J Stores, Inc. P.O. Box 990 Minneapolis, Minnesota 55440 Attn: Legal Department Copy by ordinary mail to: Kelley, Weber, Pieez & Slater, S.C. 530 Jackson Street Wausau, Wisconsin 54401 Attn: Colin D. Pieta B. If to WAREMART: Waremart, Inc. P.D. Box 5756 Boise, Idaho 83705 Attn: Vice- President of Real Estate Copy by ordinary mail to: Richard A. Canacay Miller, Nasa , W filer, Hager & Carisen 3500 U.S. Banc Grp Tower 111 Southwest Firth Avenue Portland, Oregon 97204-3699 oe Michael S. Manton co Vice-President of &tate �o �11ce- P�esid 5!ETsmiur , ', Inc. 10000 'North 31st Avenue, Suite C -300 Phoenix, Arizona 85051 DJM ii $� i 9 Aui�•ti 1Y 19193 11:36 . . 4 r Copy by ordinary mail to: James R. Huntwork Fennemore Craig Two North Central, Suite 2200 Phoenix, Aiizona 85004 12.10.!` Relationship. Nothing contained in this Declaration and no act of any Owner(s) shall be deemed or construed to create the relationship of principal and agent, partnership, joint venture or any association between Owners, nor shall anything contained in this Declaration or any act of lmy Owner be intended nor construed to render any pany liable for the debt' or obligations of any other Owner. 12.11e 'Unavoidable voidable Delays. The time within which a party shall be re r, trired to perform any act under this Declaration, other than the payment of money, shall be exteodr d by a ,period of time equal to the number of days during which performance of such act is unavoidably delayed by strikes, lockouts, acts of trod, ole.nmental restrictions, failure or Y Y y fg inability to secure materials or labi,nr by reason of shortages or priority or similar regulation or order of any governmental or regulatory body, enemy action, civic disturbance, fire, unavoidable cauialties, injunction or order of any court having jurisdiction over a party without regard to the basis for such injunction or order or, any other cause beyond the reasonable control of such party excluding, however, the ihabi ty or failure of any party to obtain any financing which may be necessary to carry out its obligations. Notwithstanding the foregoing, unless within 30 days after the event giving rise to such claim shall have occurred, the party which would be entitleJ to such extension shall give notice to the other party(ies) of (i) its claim to an extension, and (u) the reason for such claim, there shall be excluded from the computation the number of days by which the time for performance of the act in question shall be extended, the number of days which have elapsed between the occurrence of such events and the actual giving of notice. 12.12. Estoppel Ce of c . Each Owner shall, from time to time, upon deliver to such other not less than 20 days written notice from any other at this. Owner, execute Declaration.. and unmodified and in full Owner a certificate (in recordable form) stating i this full force modified and force and effect or, modified, that this Declaration is in fu roe and effect as signing , modifications and whether or not, to the best of the knowledge ...gig stating the mod�fica � '� � o the same, any other Owner is, in default in any respect under .his Declaration and if in default, specifying in the nature of such default. The failure or refusal of an Owner to execute and deliver the certificate in the form or within the time iced shall be deemed the agreement and representation by such Owner that this Declarative is unmodified, is in full force and effect and thatentation b. sic n o Owner or other person is in default hereunder. 12.13 .al �, Leaseback Purchaser. It is expressly agreed that in the • with respect : s -spect to Lot 2 event any of waureic��rt wa spec+ to Lot 1, PETs]1IIA1tT, with �� ,and Waremart's immediate ) to late sip .�:essor -ii- interest to Lot 3 (herein the "First nerS Se its D3M 112068.1 Await 1993 11 :36acs V .;4 re e an unaffiliated third party and thereaftee enters into a net lease for such Lot with such third party "Prime Lessor"), so long as such First Owner is in possession or (hereinafter referred to .as Prime Less`�.1t.es hereto shall look solely to such First Owner for control of the Lot as Prime Les obligations or exercise of any rights y P the performance of any oblig y 'g is either the Prime Lessee or the Prime Lessor shall have under this Declaration, and th" Prime Lessor(s) shall be relieved of any obligation for the performance of or liability nor the Restrictions sort forth herein relating to their respective First Owners or them respective Lots. 12.14. Legal Action. Without limiting any other provision of this Declaration, ,f any Owner or Occupant breaches any provision of this Declaration, then any other Owner may institute legal action against the defaulting Owner or Occupant for sytTific performance, injunction, declaratory relief, damages, or any other remedy provided by law. In addition to the recovery of any such sum or sums expended on be half of th a defaulting Owner or Occupant, the prevailing party shah be entitled to recover from the losing party such amount as the court may adjudge to be reasonable o sts and attorneys' fees for the services rendered to the prevailing party in any such action. The "prevailing party" involved in proceedings in the Federal Bankruptcy Court shall mean the prevailing party in an adversary proceeding or contested matter, or any other actions taken by the non- bankrupt party which are reasonably necessary its rights Declaration. The "prevailing party" . `say` to protect. its .rights under the terms of this Dec Court. shall mean the involved i proceedings than the Federal Bankruptcy party prevails � a rem d other relief which most nearly reflects the remedy or relief Fly that prevails in obtaining y nearly which the party sought. 12.15. hiird lPartivs. Except for WVaremart, the rights, privileges, or of the parties and not for any third , p become effectie unless and immunities conferred hereunder obligations are under the benefit tion shall not beco g )liga .ions nude untilart na shall acquire fee title to any or all of the property now covered by the Waremart until � arer art cq p Purchase Agreement, at which time it shall accede to all of the rights of SUPERVALU and such further rights as may be accorded Waremart hereunder. 12.16. Time of _Essence. Time is of the essence with respect to the performance of each of the cove.iants and agreements contained in this Declaration. 12.17. S p cr rate L .�1 aration s, Nothing contained in ns`�• . ra. ion c shall prevent p revent or p rohibit the Owners from entering into separate agreements covering provisions of this Declaration. As between the parties to any separate declaration, the separate declaration shall controlb' As between the Owners who acre not panties to a separate declaration, this Declaration shall control. and Several Obligati any Owner of Occupant 12 1� Joint -- -- --ins. In the event an " O is composed of more than one Person, the obligations of said Persons as Owner or Occupant hereunder shall be joint and several. DJM 112061.1 Au�i,t `11 to 1993' 1 i :36alm • a n( ia 12.19 „ Non-Merger of Purcbasp b►l; reerefts. The undersigned Declarants, for hemselves acid the, respective heirs, sue + g and assigns (including without imitation *:mart) actin ►wiedge and agree that their r � p dve obligations' under the Waremart Purch reement and the ?ETsMART Purchase Agreement are indepeident of the Restrictions ; Atained he/vv., ;hall not be merged, superseded or amended hereby, and s l survive the execution„ dehv�G,y r� w a recoiling of this Declaration in their entirety. IN W ,IBS i WHEREOF, the parties hereto have executed this Cross don; as of the day and blear first above written. S BRVA LU HOLDINGS, INC., an Ohio corporation ly PT 's1 IART, Inc., a Delaware corporation y Samuel Parker Cha.. an ;if tile, ' r " Board and Chief lhxecutrve Officer Wm-112060i AAquit ii,1311:36am 3yw Its By 11�a.„sel S. Manson Vice-President of Real Estate c L . 3 m e 4 It 9 SAM OF .OtNTY OF ) ss. ) Personally came before me this „ day of 199, .._,...: , President of SUP ERVALU HOLDINGS, INC., a 'corporation duly orgaratit d and existing under and by virtue of the laws of the State of and executed the ' instrument, and to om inst�ru me known to be ' wn t�� be the person who�r foreg g nne to me kixo such of such corporation acknowledged that he executed the ..« instrument --' officer _.,n_ c�... �of sand corporation, b its authority. foregoing i aas such .,fficer as the a rpo , y ty. STATE OF ARIZONA COUNTY OF MARICOPA ss Notary Public, Commission expires: ale foregoing instrument was acknowledg ed before me this day. � of y - Chairman n of the Board and Chief , 199 , b Samuel P�,xer as corporation, on behalf of PB'1'sIVIART. E eeutive Officer of PETS ART, Inc., a Delaware corpo , My Commission expires: DJ14-i12O6 .1 August 11.,199311 :3l do _33- 411Pw Notary Public The foregoing instrument was acknowledged before me this day of 199 by Michael S. Manson as Vice - President of P TSMV °,TART, 9T behalf of the PETsMART. Inc., .�w a �eare corporation, on be.. h August 11,1993 11:36 n -34 D M-11206cl August 1 1 w 1'99311:36 m Daly - 14M8,1 Ai Wiwi ii, t> 11:3, 4 CITY OF TIGARD NOTICE OF DECISION LOT L7NE ADJOSTHSNT NES 92-0017 O1IO COB OONPANY ONt1ER GORDON DAV S hPrLICANT The pPl requests -Let Line Adjustment approval to adjust two The a licant r dst par approximately 435, 600 and 547.549 square feet CATIOat t APL •r1� o! air►tm into two parcels of appooxiestdly 331,491 and; 651,657 square feet each. This adjustment will move the new Property line ryi tax lot 2501 to the edge of the creek on tau lot 200,0. ZONE: C -a (Oenerel commercial). LOCATION: West of SW 7 nd Avenue running along both sides of SW Duvall Street. (WC7lH 181 36DC, tax lot 35 01) and approximately 360 feet south of Pacific Highway at the current end of �bhe proposed Dartmouth Street extension. (W TM 181 36CD, tax lot 2000) DEG BIOad: Notice is hereby given that the City of Tigard Community Dvvelopmsat Director's designee hme APPROVED the above request. IN ADDIT74,0N TEE APPLICANT NEEDS TO 8N AMAMI CP THE VDDVISIONS OF THE Co18 IAITY DEVELOPh1'4NT CODES AND OTHER REOULATIONE AR ST \TUTEE THAT M18T ICE NET. 1. A lot line adjustment survey ap and legal description sharing the eat'Leting and prop ed . lot lines shall be reviewed and aPPeoved by the Engineering Department. STAFF CONtACT: Chris Davies, Engineering Dlspartm nt (639- 4171) THIS DATE NOTED UNDER THE P YROCE SR INDEAPPEAL SECTION DELON. OF 3'1� :PURL DECSSIO:V FINUINOS Aglicomm_LagmiL The findings and conclusions on which the decision is based are noted belowR Community Development Code Section 18.162.060 contains standards f or approval of a lot line adjustment;: request: 1. An additional parcel in not created by the lot line adjustment, and and reduced stirs below parcel reduced in sire by the adjustments is low the minimum lot sine established by the zoning'- district 3 BY reducing nt b e the lot f size. : the lot or structures (s) on the lot n of the site development or zoning district regulations for that districts ane are 3. Thendasdstin p1' in district f • oemit with the dimensional g No new e posed lot 1 ;ne adjustment is consistent with these standards. lot would be created through the adjustment. The:01 is no minimum lot slate rieguLrssent in the C-C" zoning district. Both NOTICE OF DECIdIC N 01110 CUB DAVIS MIS 92. 0017 PAGE 1 A 1 Parcels wt31 continue to exceed the 80 foot average lot width st andard of the zone. An y proposed building( s) on both parcels will continue to meet or exceed the minimw. ro QuiYed se tbacks of the C-G zone. All cite development improvements applicable to the developed parcels will remain consist ent with Code requirements. In addition to meeting the above standardOir a, lot line adjustment, must also meet the foiacrwriag criteria applicable to lots created though the minor l and .. Partition process is Section 18.162.050)8 A. Loge Widths. The minim width of the building envelope area sY aLi meet the lot rsquiruant of the applicable zoning district. �. Lot Areas The lot aroa shall be as reguiTad by the applicable zoning district.' In the case of a flag lot: the accesswuy may not be included in 1 ila lot area calculation. C. Lot Frontage: Sash lot crezded through the partition process shall front a public right -of -way, by at least 15 feet ot have a legally *.corded minimum SS foot wide access easement. ri. Setbacks: Setback . shall be as rmelPtred by the applicable zoning district. . $ _ Front Yard Determination for Plag 'Loa When the Partitioned lot is a flag lot the developer may determine the location of the front yard, provided teat no vide yard 'is lees than 10 feet. structures shall generally bs located so ae to maximize separation from existing structures. Ping ts; w scram shit 1-.'?. be provided along the g�.roenincy on rlr� ,. Pe ' Y lot an 3`t line c� re the Raved. drive accesswa is located within ten fee abutting 1 t in t of an aRrut�. i accop 80 and 18.100.090. screening dance with Sections 18 1D ®0 rim for abuaisig` lots and may ax�do be reaiired to maintsJ.n p acy to provide usable outdoor roar ®ation areas for prcponsd development,, G. Firm Protections The sire district may require the installation of a fire hydrant where the length of an acceesway would have a detrimental effect on fire fighting capfDiiitiee. H . iprocal lasements: 4 here a common drive is to be provided to serve sere than oae Yob, a reciprocal easseitlint which will ensure access and maintenance rights shall bo recorded with the approved Partition map. • llccesswa (a Any aa; .essirsay shall 'comply with the standards a et forth in Chapter 38.103, Access, *gross, and Circulation. J • Where land1; °.111 and /or development Ls allowed within or adjacent to the one- hundred -Year f loodplitin, the City shall require the , dedication of sufficient �►�pen land ar ea for 9 reenway aining and within the floodplain. This area shall include Portions at a, suitable elevation for the construction of a pedestrian/bicycle pathway w ith the fiaocp3ain in accordance NOVICE OF b 1SION OHIO CUB - DAVIS NIS 92 -0017 PAGE a4 ■ Y with the adopted pedestrian /bicycle pathway plan. Criteria A, 8, C, D, and I are aatisf Led. The lot c+.dth for both parcels exceed the minimum required lot width of 50 feet in thi O rneral ,Commercial zoning district. Both lots exceed the required minimukg lot area because there is no required minimum lot area for the C-O zoning dintriet. Setbtcks will be reviewed when develoopeeent is proposed. Each lot will continue to have more than 15 feet of frontage on the public right -of -way, ge on 811 72nd ,Avenue, will have frontage and : tax last ` 20 00 will continue to have frontage on the Proposed sed 8sM Dartmouth Street. The tax lot 250 proposed section of SW Dartmouth street is currently a portion of SW 78th Av* ue., Criteria B is not applicable to these totes because a reciprocal easement is not required for these lots. Any acaeasway' shall comply with code ,standards when rewired. Criteria B. P and J are not applicable to these lots because neither are flag loto and neither lot is within the floodplain. Rxisti,ng ' accesses and f re hydrants are consisai.,er t with community Development Dade and Uniform _Tire Code standards, thereby satisfying criteria 0. Thai City f.,4 Tigard Engineering and Building Derearta nts have re' ±iawed the p oPosal and have offered no comments or objections. The Lngineerinq Department will complete a detailed review of the eubaelttect lot line adjustment survey map and basal `descriptions prior to the end of the appeal period. L ervice providing utilities will have the opportunity to review the proposal and decision within the 10 day appeal period. , They may request recons ideration of the decision if it adversely of fas t the utility or f ire district's abilities to provide service to the subject properties or Properties. PRO_ CCEDDRE AND � Y 1. Notice: Notice was postod at City Ball and .& ileC to: �C The applicant and owners X Owners of record within the required dieta,°c. X The affected Neighborhood Planning Organization _Affected government ageelacies x'741 Deeci ion: TBE DECISION SHALL BE FINAL OH Pts3_ 199 UNLESS , AN 0. ',EAL IS FILED. e : Any party r as tippeal this decision in accordance An to the decision may a withal section 18.32.290 (A) and on 18.32.370 of the community Development which provides that a :.r with �.�ith Recorder within 11 it given and sent The appeal. nt Code w ten a al mush be Hied wi the City ith D days after notice is ive al fee nchedule and forms arik available tam the Planning Division at Tigard amity Hall,, 17,125 81+1 Bail Blvd., Tigard, Oreg* n. The deadline for filing of an appeal is 3:30 p,,0L.. 1992r ▪ Quest ions a If you have questions, please call the City of Tigard Planning Department, City of Tigard City Ball, 1312S• SW Hall Blvd., Ti ard, Oregon. NOTICE'' OF DECISION OHIO CU DAVIS kiI -- MIS 92 017 PAGE 3 PREPARED 'Bit's APPROVED BY: „r E T NSIo0: '.: PARg egtfriLAND 1 f %`OBE ,. „ NO `T CE Or' DEG I S 1 ON C vicA 5 .. .... _ OHIO CUB me 92 -00 �"- r- -rPACE 4 -� x"' VIS 0104 NW. %1.. -4ARG IN AND SAL, DIiD- STATUTORY FORM (Imisvk v.I Gremtsrk_,_ arRV[NS1 roRTl.Ano. oA, 9704 - N[6s LAW !U[1.1�HIN9 co. NL (110kIGS,114 AND SALE DEED-- STATU101111 CORPORATE BRICIVI AR GRANTOR a corporation duly. ..c ?:.9antg d ....n.4... , Grantor, conveys, to S!UPEI?SIP.,SCI..13„Qld7 n�ga.. •.I,nc...�...a... x a.tis.n..duly...r�rgan•iae i..,and:.exist x►g•. wndex..i:he ,.J:�W$ ati ?.... of the ����� of ., SUPERVA.LU Iioldingfil Inc , the State of Ohio County, Oregon, to-wit. , Grantee, the following real property situated in See Exhibit A, attached hereto and incorporated herein by this W ? ?hingt ..,, reference. (IF SPACE INSUFFICIENT. CONTINUE DESCRIPTION IDN' REVERSE SIDE) The true consideration for this conveyance is ,1.,..4... ........ (Here comply with the requirements of ORS 93.030) :'fii,Lt .. �4 y.Qyailve i. .p ►.Isgi.4lant. to , lot line Adjustment tment only,/ City. of. Tigard., 4.4ls',92- 0017.......' rah t r...ba5.. c..4u $1ed..,.....r -Mme to be signed order of its board of uirectars. Dated this .................. day of .......:f11 ?gust 4 A., SUPER oldirlgs Inc. r • „an.•Oh4 o ,c ratio THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DE- SCRIBED �►� E LAWS IN THIS REGULATIONS. SIGNING OR ACCEPTING ING y ••••• ••••.... USE LAWS AND � THIS INSTRUMENT. THE PERSON ACQUIRING FEE TITLE TO THE ! V1di4 L. 1 oehnen PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR jts;,, �u'ACX'.President_. COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES« ST*PE-43P-OiRE6eNTeounlrof- -)is C�� y 3'-lrrs- . ttrs-ac�c �a�wledl¢ �. by ......:. Sec substitute .-Acknowledgement fore. attached. ),Era ninissiori'ezpire ' BARGAIN` AND SALE DEED SU.PERVAlp Hold ng 0 r t�C 1 6UP'ERVALU -11010 i ng $ F T nc Pos Off rye B lc, 990 4 55440 M2 nn�ai?olis4, MN:. GRAN rEE!S AU(1PESS ZIP. A(ts ►`coming rsfirn Sot Gordon E, Day/ 5., STATE OF OREGOii.; G AF:TOR 1 GRANTEE County y of ..:...............• .........1 >ne ►7t IV 11S r�+ eived for recO within i th I certify that the wit ird on the ••a t 4 1.4,i.I 1020 Tayit�r� �g4't. 1' C ing.r♦: Skaite, 555,444 Pt71Lt .anal QR 97207 .t....... NAME. ADtRES64 2JP Unfit a chdngi 1st tsq �afa t ®II tdt afraMinsnfs than b. asnt to the foIta lnR o�drisi: .0o. chhatagt?i fzum oR18ta.ng' rtxords Post Office Box 0774 4144 444 4 +444:4 NANAE'.! AnbRESSi Ztlp'! V . ..x••444444474. ss .i41..: .3 day 0/ 1'1 y:: .. L.1 ..1.. ` . :., 1J. ..•...J at 4 c''clock . ♦.::.M7, and recorded' SPACE RICNRRY[D FOR in hook/reel /volume No. Y.• «••iL ..y4:.. on 1[COIW[Rfal UN[ i•j:` .4. or at fee /file /instru- ment rnecrofdm race tton 1V Record of Deeds of said county. Witness nay Band and ,leal o. County affixed. NAME TITL.e DeptIty` •. G..•44L' f:' 41” 1:. :3•:.•4 :41:4414 is ACKNOWLEDGEMENT TO BARGAIN AND SALE DEED BETWEEN SUPERVALU HOLDINGS, INC. AND SUPERVALU HOLDINGS, INC. STATE OF MINNESOTA COUNTY OF HENNEPIN On this , 11th day of August , 1993 ine�n , who, bean duly personally p David L y ereonall a geared that The is the Bob Vice President of sworn did �, say SUPERVALU Holdings, Inc., , the c(r iorat ion treat executed the ,.` was sir. ned on behalf of sai ;) r• .a • • EXHIBIT "B" (NEW TAX LOT #2501) PORTIONS OF THE SOUTHEAST AND SOUTHWEST QUARTERS OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST, W.M., CITY OF TIGARD, WASHINGTON COUNTY, OREGON, SAID PORTION BEING MORE PARTICULAR' DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON. THE EAST LINE OF SAID PARCEL II, WHICH POINT BEARS SOUTH 00°02'16" EAST 152.20 FEET FROM THE NORTHEAST CORNER THEREOF; SAID POINT OF BEGINNING ALSO BEARS NORTH 05 °04'21" WEST 975.53 FEET FROM THE WASHINGTON COUNTY MONUMENT AT THE SOUTH QUARTER ' CORNER OF SAID SECTION 36: AND RUNNING THEN CE NORTH 86 °45'24" WEST 21.07 FEET TO TFIE CENTER OF RED ROCK CREEK; THENCE IN THE CENTER OF SAID CREEK SOUTH 58 °43'0" WEST 5.76 FEET, SOUTH 04 °12'11 WEST =34.80 FEET, SOUTH 51°41'12" WEST 44.29 FEET, SOUTH 15°53'22" EAST 19.63 FEET, SOUTH 26 °50'41" WEST 68.45 FEET, SOUTH 78 °47'53" WEST 31.55 FEET, SOUTH 28 °58'1,4" WEST 51.39 FEET, SOUTH, 71°42'53" WEST 25.45 FEET, SOUTH 13 °12'04 EAST 56.70 FEET, SOUTH ° " WEST SOUTH 24°39'15" 26°18'07" WEST 2$.27 FEET, SOUTH 56 0824 �N'EST 32.37 FEET, SL WEST 27.15 FEET, SOUTH 19 °40'08" EAST 29.20 FEET, SOUTH 47 °21'43^' WEST 18.99 FEET, SOUTH 14°11'18" EAST 29.48 FEET, SOUTH 59 °58'35" WEST 23.13 FEET, SOUTH 09°44'38 WEST 14.97 FEET, SOUTH 66 °43'03" WEST 12.43 FEET, SOUTH 17 °5;'29" WEST 13.88 FEET, SOUTH 71 °08'07" WEST 22.17 FL,ET, SOUTH 30 °38'58" WEST 50.50 FEET, SOUTH 04°36'13" EAST 19.85 FEET, SOUTH 63`34'34" WEST 17.35 FEET, SOUTH 40 °04'35" WEST 46.87 FEET, SOUTH 04 °35'05" EAST 26.76 FEET, SOUTH 87 °53'43" WEST 15.88 FEE 1•', SOUTH 32 °29'24" WEST 35.45 FEE'" • SOUTH 78°41'09" WEST 16.27 FEET, SOUTH 55 641'21 WEST 56.27 FEET, SOUTH 10 °32'11" WEST 15.32 VEET, SOUTH 62 °27'30" WEST 39.83 FEET, SOUTH 19°21'41" WEST 7.92 FEET, NORTH 87 °54'42" WEST 17.36 FEET, SOUTH 05 °24'38" WE IT 34.15 FEET, SOUTH 51 °12'52` °' WEST 33.47 FEET AND SOUTI1 40Jiu ' i " WEST 43.16 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL 11; THENCE ALONG THE BOUNDARY OF SAID PARCEL II, SOUTH 00° 13'48 WEST 32.55 FEET, SOUTH 83 °52'11" EAST 530.54 FEET AND NORTH 01 °02'16" EAST 281.75 FEET; THENCE SOUTH 86 °49'50" EAST 818.41 FEET TO .A POINT IN THE, CENTER OF S.W. 72nd AVENUE; THENCE, NORTH 01 °43'56" EAST, IN THE CENTER OF SAID AVENUE, 496,.29 FEET; THENCE NORTH 86 °45'24" WEST 203.96 FEET' THEEN: E NORTH 01 °43'56" EAST 83.95 FEET; THENCE NORTH 86 °4524" WEST 621.53 FEET TO T"-IE POINT OF BEGINNING. CONTAINING 15.55 ACRES GROSS,. MORE O MORE OR LESS. SUBJECT TO TIIE RIGHTS OF THE PUBLIC TO ANY PORTION LYING WITHIN S,W. 7211d AVENUE. FOR BASIS OF BEATINGS AND ADDITIONAL INFORIMATION SEE SURVEY 24389, CL 1 ION in IrMis r 136DC ' M ua THEATRES BROADWAY SUITE 605 WHIR WA 98600 00500 ,••• 311.136D8C, ...14AR032y00 1'IGLES;, MARY A x:1720 SW 72ND DR 97223 •,�• r••,,,••. ••3 1S136DC -034OO •• ••er „•• • ••••• • • MAMON, HUGH S ANNA BELLE 11780. SW 72ND PORTIATAID OR 97223 181361)C4410.0 • ••• e•• •. •o. ,LEWIS, LYNN C MARY C 1186 SW 72ND AVE TIGARD OR 97 223 18136DC•04300. ANDERSON, RAY D & MARYLIN G % KROO, STEVEN 11930 SW 72ND AVE TIGARD OR 97223 2S4.01►- 00100 MARTIN/ GORDON 12265 SW 72ND AVE TIGARD OR 97223 2810tBA -00200 • . • t� • • • • • • WESTERN •DUFF TIGA;1D PARTNERS 10080 'N WOLFS RD STE 310 CUP'ERTINO '' CA 95014 1S 136CD -02200 • �T .. bbb••bse WESTE RN DUFF TIGARD PARTNERS 10080 N WLFE RD STE 310 CUPERTINO` CA 95014 • 1S136DC100 'AMACHER, JUANITA 11680 SW 72ND TIGARD OR 972:f: • • • • • • o • • b • e • • • • h ■ 18136DC— !)3300` ...... ..•. ..•,. NOBLE, TRDMAS L LARRIE P 11750 SW 72ND TIGARD OR 97223 18136DC °03501 3..•... CONNET, JANE AND JOHN R 8416 SW 67TH AVE PORTLAND OR 97219 • • • • • • . • • 1S126DC -04200 ..••• ••••.•..•• LEWIS, LYNN C NARY C 11860 SW 72ND AVE TIGARD OR 97223 1S136DC -04402 ........ HEDG EPETH, LOUISE AGNES 11990 SN 72ND AVENUE TIGARD OR 97223 •• 00080000 • : ?1101BA -00101 semeolholeoeeeoesoloo,Joe MARTIN, GORDON S Ea AL % MARTIN, GORDON RICHARD 12265 SW 72ND AVE :VIGARD OR 97223 1S136CD -02000 •• • •.•.•• •••••.. • SUPERVALU HOLDINGS INC ATTN: TAX DEPT PO BOX 990 55440 MINIv �'�,??4LIS FIN 5 age• tx'E 4c t010! r 0 OE CON t111/110 ®:110 /iE 130.0 e!41-Z E E CON. 101173 000lt1Nf a. U) R.. REQUEST CANTS DA+ma' - l�u 1lL9 3 ®ummwssa∎Wl�1��w�r1 tlgari rlanning Department k•T LINE ADaUSTMENT M]fS 93 -0010 DAV1 i; tITIERV&4 LOCATION: South of MY Pacific Hi 1iwa , west of S �3 ` 72nd Avenue,. and d north of the proposed g Y 2500, 2501, and 600). Dartmouth Road Ext�.ene,on. (k�CTM 181 316IDC, tax Lo�. A seqnest for Lot Liti %e Adjustment app_oval to adVust three parcels of apprcximat ly 0.36, 5.9, and 14.84 aches into three parcels of &pproxi.mately 1.9, 3-14, a. d 16.06 •ores each. APPLXCA8LB CMLITl R;XA: CammunitY Dnvelopii nt Code Chapters and Se!,ptions 18.62, 10.162..050 , and 18.162.060., ZONE C'G (PD) ('::general Cca*uercial, Planned D' lopmrent) The C -G zoning designation allows public agency and adainietrative services, public: 13uppurt facilities, professional and administrative services, financial, insurance, and real estate se vicee, business support services, general retail sale *, and eating ane drinking establishment, among otYr or uses. Attached is the Site Plana applicant' a statement, and Notice of Decision for your need ` our comments b:: t8, , 199a. If you y Ou may use th anal thin decision, we review., , au wish to comment on this a ii•catf.cr.,, or e space provided below or attach a separate your ante. If you re unable to reel nd +� � to letter to return o�xr coaaen. Ibove date, please phone the staff contact noted below with your comments and c,onfL m ' your comments in writing as soon as possible. If yogis have rAny ueat fLor,a regarding this matter, contact thy: Tigard Planning Department, 13125 SW -Rail Blvd., Tigard, OR 97223. PHC 148: 63 9- 4111. t T'AFF CONTACT: will D'k ndi ?: PLEASE CHECK THE FOLLOWING ITEMS THAT APPLY: enosnA;liv. we have reviewed the p p j 'n� to it. ro gsal and ha�rr no ob �scti.4.�® t Please contact of our office. -,- P. ease refer to tt,o enclosed letter. V 'itt 43t:i Comments: ;dame of Person Commenting: Phone lumber: wig. 100.7,,MIrrTrOWa C4• ' • • I v^. r • a,irra sa. _I...4 d i 3 • CITY �A01T9 .. a .d ®dish (Dave 9. �" mg• giascz1ng/CChris O. Par>.its Facilitator/Viola G. DIMS DI cra „Airs District (Pict -'gyp bar �i and Mater District 8717 II, 1nrnh , at. Tigard. 0 97223 Tualatin Valley Watsr District 6 301 NI Taylors /Parry Ind. Tigard, OR 97223 AFFRCEID Jup$OICTICA9 Mash. Co. Land 'Use I Ttaarp. it N. hisst Lee. ti i1 ro, C9 9:9,11 Brunt CC�rti>• .._o *.vin 71g z. "in - Mike Dars1d4n Scott zing !a"+air�ke City o,! E�atan 9Mlararl - Principal Planner PO 1cr e 9saverta r C t 97076 C.Ity of 'deg City "�" City' IIiar it 15300 IN 116th ring (g.ty. OK • 97224 City el lake .Igo �. City !Smarms X80.011A Lake O�le�rego, 0 97034 State U is /nay Dielsiaa ....�. IT T= Po Taal 2547 2 E t1a►rd, 4► 972t -0412 Osiasral teleyhtsas *Wares* Office )Nuns 73416... tioa d, m 5729L -3416 111! 1lkatrrrall Gas !Watt !meat 2.`0 11T $sonar a.►.. Pentland, Cl 97200 !CI c k tSVisioe of bra a1 1sct 3500 SW ;losdd At. Poi ±'r.A, C 97201 ! olle Cable (]Frank t torte) - 14200 SW arigadoU' Ct. Reavertoo, OK 91005 JILL. ;+atics Die. (COOT)' • p1w.Mion oS Stair: Lands Coliakires b0��apptt. - 11.11: Park Fit &Y 6 wildl:ofe inalmoomeloo -�i!i: Ds% . et ? . 4 i a.R�ty ▪ P1n11, attilCim `ALa .L APPLY, ILTIAIA Polt P.rls a ascrsation board Opar . ?- oos School 'Oist Do. 48 (Bsaverioa) Joy Pahl PO Pt's 2 ,30 Bsevo rtas, CA 97075 �Tig (Tigard) lat. 23J 13137 SW Pacifies Way. Tigard, di 97223 Unified Sewerage 3 c y /9iut Prograz �..�1SJ f sib �e iirat 9t. lsbarro, Cl 97124 90 daAyy Csssissios - 329 SW Stark Jo*°i 530 Portland, Cl 57204 MEW DISIM titheR8 P1 t511 Nel isle (elnierIl011'a) 600 U Grand !Palely, Cl 97232 -2736 DLCD (antic 01'o) - 1175 Court it. Mt S al, CS Cl 97310 -0590 Other City of Durban city itanege r PO Pas 23463 -34e1 Tigard, %aa 97224 City of Portland Plaaniug Director 1120 SW 5th Portland, OK 97204 COOT »Ribs+ise Dahman 902 SR lioLoughlin 71117410 lWlwankia, Cl 97222 City! of Tualatin - PO 'lox. 369... Tnitlitin, Cl 97062 ttlorsd Ilea. ,lira Notre 14ai ,;5 ilyl Mitt I.io1lie "7 4j. BasvortLe, CR 97007 Wetro Plea Do■anicatioes Ja;a i<svitt, Twin Oats TiJohnolsery Center 1815 91 169th Pirce 1 -6020 Seervertoa, OR 97006 -4486 Ca) West: Pitts aslsi= ]l1 All Galt tit. P"stlan0, Cl 91104 ar -Nat Tzar it Dee. cam... Zoom 4012 , as 17th Ave. Portland, C9 '97221 Dolma a•s••rrewo®i■.d���+n+rr�> 11oOtbsr'3 !Seine Transportnrt tarry Dann. 61. o iisy, P1.5 e j.ci: *rgit �sr a 111.. Oth ai , 324, tN llos� otatia a I orti /0k 972169** � e, a .... `4y' I STATE OF OREGON ,County ' of Washington City of Tigard epose and say: (Please print) That , I am a for The City of gard, Oregon. That I served NOTICE OF PUBLIC HEARING FOR: ✓ That I served 'NOTICE OF DECISION FOR: af Tigard rla ring Director Tigand Planning Commission Tigard sion Hearings U.. cop•;, /Public Hearing Rotice /Notice of Exhibit "A ") was mAiled to each named attached list marked exhibit "!3' on the said notice NOTICE OP DE `ION as hr r to belletin board an M the `. �- day of in the United States Mail on the °fr postage prepaid. Decision) of which is attached (Marked _�`r h�onu at ` the ,gad es ' r Y rwn on ,the � day of '�' 19 _fttsched, wa' i, on an pprogr e 19 . _ f and depe iced day of r ubmo, ibed tnd sworn /affirm to mxt on th e (! day AR! PUBLI -AF-fi. my Co iiniraion ' Exp iree ...:� • • .o. . • `1 • CITY OF TIGARD AMENDED NOTICE OF DECISION LOT LINE ADJUSTMENT MIS 93 -0010 DAVIS / SUPER VALT Zj? ICATION: The applicant requests approval of a Lot Line Adjustment to adju.L three parcels of approximately . 36, 5.9 and 14.84 acres into three parcels of approximately 1.9, 3.14 and 1.5.06 acres respectively. The proposed adjustment will l reconfigure the lot lines while maintaining the same number of parcels and overall site size. ZONING Designation CMG (PD) (General Coma aercial, Planned Development) LOCATION: .South of w.W. Pacific Highway, west of S.W 72nci Avenue, and north of the proposed Dartmouth Road extension. (WCTM 1S1 36DC, tat& lots 2500, 250i and 600) DECIS1t 1 : Notice ,Ls hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to the following conditions: .40 A revised site plan submitted showing thy' ", the red adjusted arse hall be propo j p is comply with the stand ards c et h �t fort in Chapter 18.108.080, Access, Egress and Circulation. A reciprocal access a nd maintenance agreement shc,11 be recorded with the approved partition plat. Staf f Contact: l D'Andrea Planning Division (639 -4171) 2 . A Covenant and Agreement Re.g arding Maintenance of Building shall be recorded on each parcel for the purpose of documenting and maintaining the sixty (60) foot wide open space which surrounds and adjoins the pros .losed -4Lcovenant and ,�t re A reem " Qarda.nar ' re,cip girded QT� to disabled accessible .in -,s. aces,.shall: ba re ,access � grce1. taff Contact: ��s�r cL,.._. _ David Scotty l�u�.ldinq Divis,ion (6:T9-4171). a 3 : A lot line a. dj stment survey map and legal descriptions showing the existing and proposed lot lines shall �e rev r d >'. apprcvad by the Dn aineerin g Department. STA F CONTACT: _ Alf song EngineE.eri: g Department (63,1 -4171) . MIA • THIS APPROVAL IS EXERCISED Tn1YT HTN FIGRTEE N MONTHS OP THE FI B DECISIO N ATE gNOTED UNDER THE PROCESS AND APPEAL SECTION N BELOW L �zt05 AND gatIS iPTS L The findings ' and co,: �:li sions on whi h �r''l�Pl ', NO ".LICE OF DECXSION - DAVIS - SUPER 'V. U MIS 93 -0010 PAGET, y A • • .tl 41) ba decision is based are noted belo 3 l Community Development Ride Section 91..162.060 contains Otandard4 for approval of a lot line ad juttntant request 1 0 An additional parcel is not created by the lot line adjustment, and the' .existing parcels reduced in size by the ad jutitment la not reduced below the 'minimum lot size established by the zoning district; B reducing the i z® or ructu re (s) on will he lot s � @, the 1 ®+� t Y ll not be in viola the lot �a; violation of the site development 7r zoning district regulations for that district; .ld 3. The 4soulting parcels are in conformity vtlth the dirnen eional star dards of the zoning district. The proposed lot line adj .st lE,►nt is :tons$ atent with these standards. The proposed ad juSt.ent will reconfigure the lot lines, however no ne$ r paahce,]. w .11 be created by the adj .istme nt . Tho!re is no minim 11.(t area x asquired in a C- G zone. All three Parcels will continue to exceed the 50 foot average minimum lot width rez 1 rea frnf' of the zones All site development improvements applicable to the parcels will remal,n consistent with ;:ode requirements In addition to meeting the abova standards, a lot line adjustment must also meet the following criteria applicable to lots created through the minor land partition process ,(Code Section 18.162.050): A. Lot Width: The minimum width of the building envelope area shall meet the lot requirentent of the applicable zoning district. FL Lot Area: The lot area shall be as required by the not flag applicable zoning district. In, the case of a lot, the acre $sway may not be included in the lot area calcula.c,P i,en a Lot Front aaale: Each lot created through the partition process shall front a pub l,1 rigett, of -w y by at least 15 feet or have a legally recorded ni ii um 15 foot wide acces s ElaBk!.II'►tE3nt lD Setbacks: `setbacks shall be as r quired by the applicable zdn .ng d:L6trict NOTICE OF "Ec1,0` " =; • Alp a• X, k, ric to • Front Yard Deterkiination for Flag Lot: when the partitioned lot is a flag lot, the developer may determine ths'I location of the front Yard, provided that no side yard is less than 10 feet. Structures shall generatlly be located as to maximize separation from existing structures. • screening on Flag Lots: A screen shall be provided along the property line of . a lot of regard where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with sections 18.100.080 and 18.10 .090. Screening may also be required to maintain privacy for abutting, lots and to provide usable outdoor recreation Mreas for proposed develoTment . • Fire protection: TYio 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 ▪ reciprocal Easements: Mere a common drive is to be provided to serve Toro than one lot, a reciprocal easement which will ensue access and maintenance rights shall be recorder' with the approved partition may. • Accessway3 Any accesaway shall comply with the standards set forth in Chapter 18.108, Access, Egress, and Circulation. • Where landfill and/or development is allowed within or adjacent to the one - hundred -year f loodplain, the City shall require the dedication of sufficient open /and area for greenIay adjoining and uithin the flood lain. This a :ea Dhali include ortions` at a p �}� suitable elevation for the construction of a pedestrian /bicycle pathway with the :loodplain in accordance with the adopted pedestrian /bicycle pathway plan. Criteria A,B,C1, and D are satisfied. All three parcels n exceed the 50 foot of steerage c in,tmun lot dill width. There is no minimum lot area redo i red in the C.-G zone. Reciprocal access ea,3ements will provide the m n .must 15 foot wide required frontage of a Pablic ria ht -of-way. Site dev elop ment i ar: prov e mea t s will remain :o/±siBtent with applicable set ac k re qui ementa. Criteria , F and � erA not eiplpl: : k «� na, 0le to these lots because one are ;t-lag lots o nor are NOTICI OF DECISION Q DA VIS SUPER VALU MIS 93-0010 m o . • •- o •4 Cr they within the floodplain. Existing accesses and fie hydrants are provided cons i scent with Community Development Code and Uniform Fire Code standards satisfying criteria G. Criteria H satisfied as a reciprocal access and maintenance agreement will be recorded with, the approved partition plat. The City of Tigard Engineering Department has reviewed the xo osal and has of comments or objections. The En.' .a�eer�.ng Department ® will complete a a detailed review of the proposal sty fitted lot line ail jvvstment survey map and legal descriptions prior to the end. °o of the appeal period. Service providing utilities will have the opportunity to review the proposal and decision within the 10 day appeal period and may request reconsideration of the decision if it may adversely affect the utility's or fire district's abilities to provide service to the subject properties or nei hbo ifig properties. HOCEDURL AND APPEAL 1. Notice: Notice as posted at City Hall and Ailed to: x The applicant and owners record within the required distance X Owners o f � ?_T he affected Neighborhood Planking ng Organization on Affected government agencies Final Decisions THE DECISION SWILL BE FINAL ON 61-12-43 UNLESS AN APPEAL IS FILED. 3. Appeal. Any party decision eal this, decision in y art to the may app and Section 13.32.370 of accordance with Section 18.32.'290(A) Development Code which provides that a written the a Community be filed with the y •' schedule days t b •. appeal fee scn. a peal must City Recorder w� �n�.n 10 da s after notice is give;.'! and sent. The pp forms are available from the Planning Division at Tigard City Hell, 13125 SW Hall Blvd . , Tigard, Oregon. The deadline for filing of an appeal ionsm P uest,L�: City lease If you have quest i Department, City of Tigard Planna.n W Hall Blvd., Tigard, Oregon. �s3:30pmti.5 call the City of Cif r hall, 13125 NOTICE OF DECISICri D.ayT :.., SUPER VALUT MIS S S • • MM 4 6, 3 I o VAGE4 • Mr' • d PREPAID, Bx rp{A William D' Andrea Assistant Planner AP7PR®VE- a Dick Bewere` if Senior Planner DATE 9' 1 w r. 3.36oc..005Qo wewac N09GRR TirmaREs 7 3 ' 840Aosiar SUITE 605 InWOOVIVRR WA 98660 1S136DC•- 0320( ISM A 11720 Sw 72D11j) TIGAED OR 97223 q: r °> r e. e w r e.• .. r e e 0000+50000000 04'0000 i°3610403400. +Y a e@'..e 0• rr 0i r. O m• 0tl • 0�.'�: ,t, HUGH S ADM SEIZE 11780 ; SW 72ND PCINTI : D OR 97223 1S136DC—.043,Q0 • i .'r O i di.'r a a is . l� w e 0 LEWIS, TANN C pima C 11860 PO 72ND AWE TUMID OR 517223 121135110.04300 0•000000000000000000110 . A► i1�'1:3 0N,` <T Y "da r /1ARTILIN G R,r h! X1.9110 12 AyE `. TGAI u OR 97123 yam' y ` 24101E&- 1010�J �o orem�rew ♦.nom ie a 1236$ SW 72 ¶ID /9722 T31O1° & —O020O • e0r- ie lre oometbo ArESIZRN-OUFR 'T1GARD PAWL'NERS 10080 I %O!. PD STS 310 COPERTINO CA 95 114 1813600.022200 q�/7 y� DU 1 x0 Pto �g RSTNERS 1 0 N NOM STE 310 ar 41A, 95014 44144 4,44 33 0 e 44444 A 1513 4100 • 0 • e • w • r e ;i e 0• e e!0 •• e''e •. a. • ?irII ` bt„ JUANIVA 116°0 SW 72 TIED OR 97223 1S1360C -03300 e e • • e i'i r,a >l rl1i 52Kmas L LARNIM P 11730 Ski 72111) TIGARD OR 97223 0000 1S13GD0-03501 0000,0000000000400•0 ,0 001011T, =NS AND JOHN 'S 8416 SW 57TH AVE PORTLAND O 97219 18136W-04200 VMS, UMW C 118(0 SW • A : ° AVE TIM 87223 •• l�w.. 0 3 3 w w w Ss w w r m 1 e e a•. 0. 4:.. 7 A \i 16136D0 -0440 en�•ics •••he•�+•e00 UEDGGPETRe RIMS 11990 SW 72110 AVENUE TIG RII OR 9722,E 251018&&000101 535 e5e0053533550�55e5 ammo S NT AL % , CORDON =can 12265 S11 72ND AVE =cm mat 97223 1S71.364 • r' o • • i e. o hi • e C1 tI • Y w r SI 11L4.DIHGS alts TAX Mr ? Po !dam 990 14/01M_I ?-N=B NIS 55440 C.i <i u `E DA s Ri BOX 8774 OR 97 SUPS IAL T H + hNcs; PO BOX 1243 MIAtIS MN 55440 CARL 8937 57VL amm ST TIGARD OR 97223 • et • Ps l STAY Or C 't +CON County of Washington Ctty . of Tigard, o+ Oath 465tt. ;., for That I nerved NOTICE OP PUBLIC i3ARXNO FORS �' That I served NOTICE OP DECISION FOR: City'' of Tigard Planning Director Tigard Planning Commission Tigard Hearings Officer , Tigard °,tty 'Council A copy (Public Hearing Notice /Notice of Exhibit rA ") was mailed to each na nYld attached list marked exhibit 8 on the vai.d notice AOTICE OF DECISION as he -to bulletin board on the 2 %' day of in the United states Mail on the Postage pi epaid • Decision) of which is attached (Harked Persons at the addre s shown o the day of „. fit 19, on an appropriate a tac�hod, was � ® t � ,�� day' of NN0 RY- PUBLIC 0 OREGON % s HIy Commission Expires: a • C I T Y OF T I GA^ ?,r*! NOTICE OF DECISLON' LOT LINE ADJUSTMENT MIS 93 001.0 DAVIS / SUPER VM U taxCATION: The applicant requests approval of a Lot Line Adjustment to adjust ; three parcels of approximately .36, 5.9 and 14.84 acre into three' parcels of appaoz a lately 1.9, 3.14 and 16.06 acres respectively. The proposed adjustment will reconfigure the lot lines while maintaining the same number of parcels and overall s• to size. ZONING Dec ignation: C' -G (PD) ( General Comvercial, Planned Development) LOCATION: t�CI� ION: South of S.W. Pacific Highway, west of S.W 72nd Avenue, and north of the proposed Dartmouth Road extension. WCTM 151 36DC, tax lots 2500, 2501 and 600) Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request subject to the following conditions : 1. A revised site plan shall be samitted showing that the proposed adjusted parcels comply with the standards set forth in Chapter 18.108.080, 80, Access, Egress and CirculatcJn. A reciprocal. access - do d maintenance agreement shall be recc rded • with the approved partition plat. Staff Contact: Will D'Andrea, Planning Division (639-4171). • A Covenant and Agreement Regarding Maintenance of Building shall be recorded on each parcel for the purpose of documenting and maintaining th e sixty (6 0) foot wide open space which surrounds and adjoins the proposed buildings. Staff Contact: David Scott, Building Division (639- 4171). 3 • A lot line adjustment survey ma p and legal descrip tions showing th e existing and proposed lot :lines shall be reviewed and approved by roved b the Engineering Department.. STAFF 'CONTACT: Gary ' Alf son, Enginet:ring Department (639-4171). THIS APPROVAL WITHIN EIGHTEEN MONTHS OF THE VALID IF EXERCISED A� IS vALY FINAL DECISION DATE NOTED UNDER THE, PROCESS AND 'APPEAL SECTION 3ELOW I CONCLUS, �I� GS. AND . � IANS : The findings and conc, unions on whxc the decision is based are noted below: NOTICE OF DECISION DAVIS - SUPER VALU MIS 93-0010 PAGE1 4 . • • ti 4 rr. Community standards De'*.=;lopment Code Section 18.162.060 contains for approval of a lot line -, adjustment request: 1. An additional parcel is not created by the lot line adjustment, and the en.istinq parc :'.d reduced in size by the ad judtatent is not reduced r. �' to ' the minimum lot size established by the zoning district, ▪ By reducing the 1C ,t sixes the lot or at uct ire (s) on the lot wild not be in violation af the site development o : zoning district regulatLons fo1M that district; and The resulting parcels are in confowmity with the dimensional standards of the zoning distriCt . The proposed ' of line adjustment is consi►`tent with these standads . The proposed adjustment will reconfigure the lot lives, however no new parcel will, be created by the adi ustAent . There is no minimum lot area required in a C- G ;.1=c e . All three Parcels will continue to exceed the 50 foot average minimnm lot width requirement of the son► . All site development improvements applicable to the Parcels will remain consistent with Cods requirements. in addition to meeting the above standards, a lot line adjustment must also meet the following criteria applicable to icts created through the minor land partition process ( Code Section 18.162.050): A. Lot Width: The minimum width of the building envelope area stall meet the lot requirement of the applicable zoning district. ▪ Lot Area: The lot area shall be as required by the applicable zoning district. In the case of a flag lot, the ciccesswa ma not be included in the lot area Y' Y' calculation. C. Lot Frontage: Each lot created through the partition process shall front a pub.! is right -of -Jay by at least 15 feet or have a legally recorded minimum 15 foot wide access eas :.ent . Setbacks: Setbacks shall be as t.equ red by the applicable zoning district. • Front Yard b ltermiration for Flag Lot: When the partitioned lot iS flag lot x , the developer iay NOTICE OF DECISION a DAVIS Su EE. VALU MIS 93-0010 PAGE2 1 • • - V • • IL in 4 TIP determine the location of the front yard, provided that no side and is l . yard ass than 10 feet. Structures shall generally be <'.ocated so as to maxir, ize separation from existing structures. • Screening on Flag Lots: A screen shall be provided along the property line of a lot of record where the paved drive in an accessway is located within ten feet of an abutting lot in accordance with Sections 18.100.080 and 18.100.090. Screening may also be required to maintain privacy for abutting lots and . to provide usable outdoor recreation areas for proposed develo nentt • Fire Protection: The fire district may require the installation of a fire hydrant where the length of an acceasway would have a detrimental effect on fire fighting capabilities. common • Reciprocal Easements: Where a • n, drive is to be provided to serve more than one loft, a reciprocal easement which will ensure: access and maintenance rights shall be recorded with the approved partition map. • Accessway: Any acc ssway shall comply with the standards set forth in Chapter 18.108, Access, Lgress, and Circulation. r . Where landfill and/or development is allowed within or adjacent to the one- hundred -year f loodplain, the City shall require the dedication of sufficient 'open land area for greenway adjoining and within the . flood lain s area►, , shall include portions at a p hi suitable elevation for the - cCngtru tion of a p edestrian bit Y 1e pathway with the f loodpla _n in accordance with the adopted pedestrian/bicycle pathway plan Criteria will exc and TJ are satir,� f fed. All three parcels exceed the 50 foot average minimuaa lot width. There is no minimum lot urea required in the C -G zone. Reciprocal access easemeOts will provide n�mum 15 ..foot illad� frontage , the m de requirec�� �'•vntJ'1 a of a public right-of-way. . Site developer ant imps ovaxents will remain consistent with �tpPlicable est.back re q irentente . Criteria E F - .. ._ . �,.� � s��� not ap �.ica��i�.t., to these lots becauCe ,t ' and flag ��. ne are , €rt�rg �;�ots, nor �r�, ;:.� f_ ood x . �g they within the ? � , plai.r�. R.;,.a.��tir� a�sc:ess�a and ire by �, ti 1 drams are ; r0 \►ided cansis�t$nt' with l,onn►t,ud'Pi,':. NOTICE OF DECISION •- DAVIS SUPER VALU MIS 13_00' 0 PAGE: y tav • • 4i Development Code and Uniform Fire Code standards thereby satisfying criteria G. criteria H is satisfied as a reciprocal access and mainten anc e agreement will be recorded with the approved Partition, plat. The City of Tigard Engineering Department has reviewed the proposal and has offered no comments or objections. The Engineering Department will complete a detailed review of the submitted lot line adjustment survey map and legal descri9tions prior to the end of the appeal period. Service providing utilities dill have the opportunity to review the Proposal and decision within the 10 ` day appeal period and may request reconsideration of the decision if it may adversely affect the utility's or fire district's abilities to provide Service to the su b jero t properties or neighboring properties kligraggFtE AND APPEAL INFO 1;,, N 1. Noti(:e: Notice was posted at City Hall and mailed to: The applicant and ` owners X _Owners of record within the required distance X The affected Neighborhood Planning Organizations X Affected government agencies Final Decision?, THE DTI &ION SHALL BE FINAL ON -/7.5, UNLESS AN APPEAL IS FILED. APeal Any party to the decision may appeal this decision in accordance with Section 18.32.290(A) and Section 16.32.370 of the Community Development Code which provides that a mitten appeal must be filed with the City Recorder within 10 days after forms are available ava Table from thee Plannhe appeal fee schedule and • .Ore at Tigard Citr Hail, 13125 SW Hall Blvd., Tigard,�n Division The deadline for filing of an appeal is 3 :'0 cuestions If yos. • I have questions, please call the City of Tigard Planning DD•: .rtmc ?nt R City of Ti7ard City _sell, 13125 SW Hail Blvd., Tigard: 'O Y:eon NOTICE Q ,.. _ ,._. OF Y)ECZ.e:iON - DAVIS � 5 %�E�� VALU MIS 93- G010 ' PAGN4 rjtOO E6 SIN mix:, %.4'; a iartaNglig313 B Mini a N. Y. A ®' D s' ® f eo 0 a itiontsfleGe j ta 3 al, 1\ 01 6DC-- 005 ®® e•.esaos ooe•o••. ®• iscinclaR THEATRE 03.; lD SUITE 605 COUVER WA 90660 :x.513603200 S, FART A 11720 SW 72ND TIGARD OR 97223 18136D ` . 00 C BER, J&DNITA 11650 SW 72ND TIGARD OR 972x3 00 004y +II0019e ee e..o.o 00000•0000•000000000• 1S136DO- 03300 NOBLE, THOM L LiFiRRTE P 11750 SW 72ND TIGARD OR 97223 ... 18t36DC -03400 .. s e .'• e • • • • s • MAHON, RUOB S ANNA BELLE 11780 SW 72ND PORTLVAD OR 97223 oe:.oe,•e. 1S136DC"03501 . + .. a • . o . e e +. o s .. • .. a »+4 T, JANE AND %TOBIN R 84i.6 SW S7TR AV PCMTLAND OR 97219 1s1.36Dc041Q0 „ a e e w sans, m c y c 11x60 SW 72ND AVE TIGARD OR 97223 6,00000000000000 1 S 1 3 6 w y/4,300 oeee beewa +eaessoeoc o A ?' `;► UM' D & MARYLIN G % lUt004 STEVEN 11930 SW 72ND AVE TIGARD OR 97223 1S136DC -04200 o.ee.•.e.. .a• • LEWIS , L C - C 11860 SW 7 AVE TIGARD Q 97221 �C 131360,04440p2 e+ a ++o'ersoeaoas ®+eo.ee.• NEDGEPETE, , LOUISE AGNES 11990 SW 721l 10 AVENUE TIGARD OR 9722 2S101DA— =00100 itARTiN, WARD= 12265 SW 721sr:� AVE TIMM 0 t 97223 2S101BA- 00101 r. 00. Y O e..e 50. 56 e.... ee•o MARTIN, GORDON S ET AL • MARTIN, GORDON RICHARD 12265 SW 72ND AVE TIGARD OR 97223 55. -.� » iulk/A- 0020∎) OOOOe O Me eOOOO • OOOO a eO WESTERN—DUFF' TIGARD PARTNERS 108801N WOLFE RD STE 310 INO CA 95014 S� �1t�c,/��f��� • INC ®es..oeoaaeess 15136cD 02000 • e .O • e0 ATTN: TAX DEPT PO BOX 990 MINNEAPOLIS MA' 55440 ;''' 15 Stre01i:"02600 .:.: o1 41 0 e ae e0 o e u e IES °MF TI pAR NERS w + o e w 10080 I ST 310 YT . 95014 CARL JO 8937 SW IRMICIAM ST I1) CA 0223 BgpoasT,FOR , COMMENTS DATE: ust 27 1993 11°RO4: Tigard Planning Department LOT LINE ADJUSTMENT TS 93 A ®1! © R11 iIYB/'SiDF1 R D LOCATION: South of SW Pacific Highway, 'meet OR SW 72nd Avenue, and north of the proposed Dartmouth Read Extension. ( ECTM 181 36DC, tax lots ts 2500, 2501, and 6O0) A request for Lot Line u+ ttr snt approval to adjust three parcels of f approximately 0.36, 5.9, and . � acres into three parcels of approximately 1.9, 3.14, and 16.06 acres each. APPLICABLE REVI»6 CRITERIA: Community Development Code Chapters and Sections 18.62, 18.162.050, and 18.162.060. ZONE: C -G (PD) (General Commercial, Planned Developmerat ) The C--G zoning designation allows public' . agency and administrative services, public support facilities, professional and business support services, general retail sales, and eating ing an services, 3.ntI.strative services, financial, insurance, and r business g 'iY �Ai iLiifib7,ig establishments among other pees. ®a i.n aasn Attached issal the Site Plan, applicant's statement, and 'Notice of .3 isicsz ■ for your review. I you wish to comment on this application, or appeal this decision, we need your comments by S® , 1923. You may use th space Provided below or attach a - eparate letter to return your comments. Iycu are unaiaie j ssnd hx-thaabova date,. pleas:, Phone the staff contact noted below with your comments and confirm your comments in writing as soon ao possible. If you have any questions regarding this matter, contact the Tigard Planning Department, 13125 SW Hall Blvd., Tigard, OR 97223. PHONE: 639-4171. W iS STAPP' CONTACT: will D!Andrea PLEASE CHECK � TiB FOLLOWING ITEMS THAT APPLY: We have reviewed the proposal and have no objections to it. Please contact of our office. Please refer to the enclosed letter. Written Comments: Ram of Person Commenting: Phone Number: i 3 cre RECEIVED PLANNING AUG 3 0 1993 REQUEST FOR COMMENTS DATE: Au274 3 PROW Tigard Planning Department RE: LOT LINE ADJUSTMENT MIS 930.0010 pilyza /SUPERPT,L f LOCATION: South of S6 Pacific Highway, went of SW 0`721 151 ven e,c. ^x and north 2500, h of the proposed Dartmouth Road Extension. , 2501, sand 600). A request for Lot Line Adjustment approval to adjust three Parcels of approximately 0.36, 5.9, and 14.84 acres into three parcels of approximately 1-9, 3.14, and 16.06 acres each. APPLICABLE NEVI CRITERIA: Cowmunk y Development Code Ohaptere and Sections 18.62, 18.162.050, and 18.162.060. ZONE: C -G (PD) (General Commaerci -.1, Planned Development) The C ,zoning designation allows public agei;rcy and Deve administrative _ � ppo� faa�ci.lities�, profes3 ®ioa��gl ffins3 administrative services, financi 1, insurance, any a real estate services,, business tsupport services, general retail sales, an i eating and drinking establishments among other uses. pp statement, and Not is - of Hi0,3.on for Your ravitt,w d If you wii €�h to COnlment�onn this a application, or appeal thins decision, we att ci as.r parate letter t. 8 1 n yo You may , f youpare unable to re�and Ear t� ®tares � ur cona�aent® . and confirm your comOe tS in ®s. the ritit g f contact soon as possible. . If your ou have any' Y Y ques regarding this matter, contact the Tigard Planning Deepartment, 14125 S tions vd. , Tigard, OR 97223. PHONE: 639°4171. $ APF CONTACT: Will D' Andrea PHASE CHECI TEE FOLLOWING ITEMS TEAT APPLY: We have reviewed the proposal and have no objections to it. :�.e..� i le°se contact of our office. Pledge. •efer to the enclOsed letters Written Comments j... ge-e-Vi gag' .-.- Wig4Lr: ielli--- Z.L.,,a0410.- 115€4' Name of Person Commenting: ',,,, Phone Number: ALATIN VALLEY FIRE & RESC AND REAVEERTON FIRE DEPARTMENT FIRE IVIARSIIALS OFFICE (503) 526-2469 AIRES CICCUPANT / CONTRACTOR PROJECT NAME LOCATION : / JURISDICTION: 3, Be. 2= Dix COVER FINAL SPECI 5= Tu. 6= Sh. 7 Wei.. 8= CC 9= WC 0 MC FOLLOW- UP!RBINSPECTION ATTEMPTED FINAL Framing Separation Walls Shaft He Dampers Alarm FYst.em 0 Hour Extug Systems Spray Booth ® Ceiling Cover -� Sprin ter System (Ova rhs.ad / Und.erground ) Conference Other e -71----61004/0 rp [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing] [Page Too Large for OCR Processing]