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MMD2012-00003 MMD2O12-00003 AMERICAN INDUSTRIES NOTICE OF TYPE I DECISION MINOR MODIFICATION (MMD) 2012 -00003 11 AMERICAN INDUSTRIES T I G A R D 120 DAYS = 06 -28 -2012 SECTION I. APPLICATION SUMMARY FILE NAME: American Industries CASE NO.: Minor Modification (MMD) MMD2012 -00003 PROPOSAL: The proposed minor modifications would divide a 5,816 square -foot retail building into three tenant spaces, and change the approved land use from general commercial to personal services and office. APPLICANT: Ron Kief Day Road Design, LLC 9825 SW Day Road Sherwood, OR 97140 OWNER: American Industries, Inc. 1750 NW Naito Parkway #106 Portland, OR 97209 LOCATIONS: 7275 SW Dartmouth Street, WCTM 1S136DC, Tax Lot 02504 ZONING DESIGNATION: C -G: General Commercial District. The C -G zoning district is designed to accommodate a full range of retail, office and civic uses with a City -wide and even regional trade area. A wide range of uses, including but not limited to adult entertainment, automotive equipment repair and storage, mini- warehouses, utilities, heliports, medical centers, major event entertainment, and gasoline stations, are permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapters 18.360.060; 18.390.030; 18.520.030, 18.620.030 & 040; and 18.765.080. SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above request. The findings and conclusions on which the decision is based are noted in Section IV. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. MMD2012 -00003 American Industries Page 1 of 4 SECTION III. BACKGROUND INFORMATION Site Information: The project address is 7275 SW Dartmouth, a 5 square foot retail building (formerly Hollywood Video) located near the intersection of SW 72 Avenue Avenue and Clinton Street in the Tigard Triangle. Three retail structures occupy the 3.15 acre lot, and total approximately 30,000 square feet of commercial space. The lot is part of a four lot commercial center containing a mixture of uses including WinCo Foods, Petsmart, and OfficeMax. Surrounding land uses include a movie theater to the north, retail to the west and south, and single - family residential to the east. Proposal Description: The proposed project would divide the existing 5,816 square foot building into three separate tenant spaces to allow for an equal number of new land uses: ➢ Suite 120: 1,201.0 Square Feet / Personal Services / Great Clips ➢ Suite 160: 1,408.5 Square Feet / Personal Services / Tao Nails ➢ Suite 180: 3,200.5 Square Feet / Office / Pacific Dental Exterior improvements are limited to three new entry doors. No site improvements are proposed with the application. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS: The proposed site improvements will modify the approved plan for the site. Therefore, compliance with applicable development standards must be demonstrated. MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.060.0 states a Minor Modification shall be approved, approved with conditions, or denied following the Director's review based on the following findings: 1. The proposed development is in compliance with all applicable requirements of this title. The project conforms with all applicable requirements pertaining to off -street parking, permitted land uses, and development standards within the C -G zoning district and Tigard Triangle Plan Area. Therefore, this criterion is met. 2. The modification is not a major modification. Section 18.360.050.B states that the Director shall determine that a major modification will result if one or more of the following changes are proposed: 1. _ An increase in dwelling unit density, or lot coverage for residential development; There are no dwelling units on the property. Therefore, this criterion does not apply. 2. A change in the ratio or number of different types of dwellings; There are no dwelling units on the property. Therefore, this criterion does not apply. MMD2012 -00003 American Industries Page 2 of 4 3. A change that requires additional on -site parking in accordance with Chapter 18.765. The division of the existing floor area and change of land use will not require additional on -site parking. As demonstrated below, the project will reduce minimum parking requirements by 2 stalls. Therefore, this criterion does not apply. Land Use Classification Square Feet of Minimum Parking Stalls Land Use Stall Requirement required Existing Sales Oriented Retail 5,816 3.7/1,000 sq. ft. 22 Proposed Personal Services 2,609.5 2.5/1,000 sq. ft. 7 Office (Dental) 3,200.5 3.9/1,000 sq. ft 13 Total Change -2 Stalls 4. A change in the type of commercial or industrial structures as defined by the Uniform Building Code; The structure type would not change as a result of this project. Therefore, this criterion does not apply. 1i 5. An increase in the height of the building(s) by more than 20 %; There is no proposed change in building height. Therefore, this criterion does not apply. 6. A change in the type and location of access ways and parking areas where off- site traffic would be affected; The proposal does not change the location or type of any access ways or parking areas on the site. Therefore, this criterion does not apply. 7. An increase in vehicular traffic to and from the site and the increase can be expected to exceed 100 vehicles per day; The proposal does not increase vehicular traffic to and from the site by 100 vehicles per day. Therefore, this criterion does not apply. 8. An increase in the floor area proposed for a nonresidential use by more than 10% excluding expansions under 5,000 square feet; The proposed project would not result in an expansion of floor area. Therefore, this criterion does not apply. 9. A reduction in the area reserved for common space and /or usable open space which reduces the open space area below the minimum required by this code or reduces the open space area by more than 10 %; The project is limited to interior work and the construction of entry doors, and would not affect common space or usable open space. Therefore, this criterion does not apply. MMD20I2 -00003 American Industries Page 3 of 4 10. A reduction of project amenities below the minimum established by this code or by more than 10% where specified in the site plan: a. Recreational facilities; b. Screening; and /or c. Landscaping provisions. The proposal would not affect recreational facilities. screening, or landscaping. As a result these criterion do not apply. 11. A modification to the conditions imposed at the time of site development review approval which are not the subject of B 1 through 10 above of this subsection. The original site plan was approved through Site Development Review in 1993 (SDR 93 -0002) and 1999 (SDR 1999- 00016). Staff has reviewed these decisions and finds that this modification has no effect on the conditions imposed at the time of Site Development Review. Therefore, this criterion does not apply. FINDING: Based on the analysis above, staff finds that the criteria for minor modification of a site development have been met. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Minor Modification is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON MARCH 1, 2012. AND BECOMES EFFECTIVE ON MARCH 2, 2012. Questions: If you have any questions, please call the City of Tigard Planning Division, Tigard City Hall, 13125 SW Hall Boulevard, Tigard, Oregon at (503) 639 -4171. ,/, March 1.2012 APP ED BY: John Floyd DA'1'F: Associate Planner 503 - 718 -2429 johnfl @tigard - or.gov MMD2012 -00003 American Industries Page 4 of 4 LLC , \ TIGARD TRIANGLE CENTER , a , ..no..T.cu..AV. IIIMMO Of SUITE - 1 20 SUITE - 160 SUITE - 1 80 GREAT CLIPS TAO NAILS PACIFIC DENTAL 1,201.0 SF 1,408.5 SF 3,200.5 5F ■I BUILDING V \ / o k '� ..aoaro MN. 0001t • - I'4 AO CITY OF TIGARD Approved (,/) Conditionally Approved For only the work a� dps�.ribed in: PERMIT NO. lnA7/J sell -bQ0o3 See Letter to: Follow Attach ( � Job Ad By: Date: , ' 5 1 , U ,,i — 1..." VICINITY MAP ,....._ . - nil r! „„,:t L MMD2012-00003 BAYLOR ST ._. 1 _ id - ; .. .. .,„ , , --- I 1 — , i • -----1 i 1 .3 tta I ...- ,..., . — li720 I I i 4 1 1 i .501 7301 ,- 7.29i_ • , z , . . , . . Subject Site 11010 . . 1 1 K505: . 1 . . , .. . 4135 710 i 1045 1 1 " ... 1 . , CLINTON ST i 7275 ; 11050 _ 50 • 7140 rum - 1 Thso' '17020 !7275 f ; , i 1 1 1 I r ---- 0- , 7.--Th • , . - a ' i ,......._ ____ , .... ------i— _._ _.......... , . . . ,......... I ! 11930 7255 ; — 1 11945 11945 11945 1 11945 11945 11945 . ; 11900 ' ' 11945 11.945 11945 ---...... _ ,.... ... ;---. ,. ! • 11945 0945 11945 — ... 1 11945 Feet 0 250 DARTMOUTH ST APPLICANT MATERIALS RECEIVED FEB 14 2012 • City of Tigard = CITY OF TIGARD Minor Modification — Type I eaIlCI1ING TIGARD 1��' GENERAL INFORMATION In addition, the Director must find that the proposed change is in compliance with all applicable requirements of Property Address /Location(s): Title 18 of the Tigard Development Code. To complete 7275 SW Dartmouth St., Tigard, OR this review, the Applicant's proposal must include a Tax Map & Tax Lot #(s): discussion indicating how the site expansion /change will Map 1 51 36DC 02504, Lot 3 continue to comply with the maximum setback, building Site Size: 3. 5 acres height, parking, and landscaping standards. Other requirements of this title such as clear vision, solid waste Applicant *: .9iP i � Ll C " storage, non - conforming situations, signs, and tree R. Address: J�2 -4J removal may also be applicable depending on the type and City/State: 5T 6.44. JPt sQ ..cam --- Zip: f7 /5‘o location of the proposed modifications. i Primary Contact: / /< /P.' Phone: .$d . 320. D pa Fax: So . '2b. $7/3 E -Mail: /j0,1.4/064' . m' Property Owner /Deed Holder(s) *: REQUIRED SUBMITTAL ELEMENTS (Attach list if more than one) (Applications will mg be accepted without the Ameriran Industries, Ins-- following required submittal elements) Address:1 75 NW Nail r) Pkwy_ 1 alkone501 -478 -6 City/State: Pn r t la n rl / pg Zip: 9 7 2 (1 9 I Application Form [� Owner's Signature /Written Authorization * When the owner and the applicant are different people, the GI Title Transfer Instrument or Deed applicant must be the purchaser of record or a lessee in Q Site Plan (4 Large Plans & One — Reduced to 8'/2" x 11 ") possession with written authorization from the owner or an Applicant's Statement /Narrative (4 copies) agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a E Filing Fee $605.00 written authorization with this application. Minor Modifications: Minor Modifications are processed for permitted uses and conditional uses. To review a modification as a Minor Modification, the Director must first find that the expansion FOR STAFF USE ONLY or change does not invoke one or more of the criteria Case No.(s): COO LA discussed within Section 18.360.050(B) — Site Development Review or Section 18.330.020(B)(2) — Conditional Use. If the modification exceeds the maximum allowed under any one or Other Case No.(s): more of the criteria, a Major Modification review is required. Major Modifications are processed in the same manner as a Receipt No.: l Ii ca new Site Development Review or Conditional Use Permit. Date: 24 Applicant's Statement: Application Accepted By: S • TWO The applicant's statement must include a summary of the Date Determined Complete: proposed changes. Criteria in either 18.360.050(B) or Revised 7/1/11 18.330.020(B)(2) must be addressed with a detailed response ` \ curpin \ masters \Land use applications \minor modification app.docx to each criterion. Failure to provide the information needed to process the application would be reason to consider an application incomplete and delay review of the proposal. City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503 - 718 -2421 I www.tigard- or.gov I Page I of To consider an application complete, you will need to submit ALL of the REQUIRED SUBMITTAL ELEMENTS as described on the front of this application in the "Required Submittal Elements" box. (Detailed Submittal Requirement Information sheets can be obtained, upon request, for all types of Land Use Applications.) THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted, the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the site plan, attachments, and exhibits transmitted herewith, are true; and the applicants so acknowledge that any permit issued, based on this application, and may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application, including the policies and criteria, and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property. DATED this I 1 day of r , 20 f I I Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature Owner's Signature City of Tigard I 13125 SW Hall Blvd., Tigard, OR 97223 I 503- 639 -4171 I www.tigard - or.gov I Page 2 of CITY OF TIGARD RECEIPT ¢ g .. 13125 SW Hall Blvd., Tigard OR 97223 503.639.4171 TIGARD Receipt Number: 185516 - 02/14/2012 CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID MMD2012 -00003 Minor Modification to an Approved Plan 100 - 0000 -43116 $527 00 MMD2012 -00003 Minor Modification to an Approved Plan - 100 - 0000 -43117 $78.00 LRP Total: $605.00 PAYMENT METHOD CHECK # CC AUTH. CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT Check 25055 STREAT 02/14/2012 $605 00 Payor: American Industries Inc Total Payments: $605.00 Balance Due: $0.00 Page 1 of 1 , 14 • TIGARD February 16, 2012 City of Tigard Ron Kief Day Road Design 9825 SW Day Road Sherwood, OR 97140 RE: Notice of Incomplete Application Submittal — MMD2012 -00003 Dear Mr. Kief: The City has reviewed your application to demise the former Hollwood Video space at 7275 SW Dartmouth into three separate tenancies. Unfortunately we have found it incomplete and require the following information: 1. Submit a scaled floorplan of the proposed tenant spaces, with square footages of each called out. This could consist of Sheet "A0" of your recent building permit applications for this property, but with a scale added and square footages specified. These changes are necessary to comply with the requirements of the Tigard Community Development Code. If these changes are not made, we cannot find your application consistent with approval criteria for a minor modification, and will be required to deny your proposal. If you have any questions about the above comments, please contact me at (503) 718 -2429 or johnfl@tigard-or.gov. Sin cerel /John Floyd Associate Planner Cc: MMD 2012 -00003 Land Use File 13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171 TTY Relay: 503.684.2772 • www.tigard- or.gov Day Road Design, LLC Specializing in Commercial Tenant Improvement Projects Office - Medical - Restaurants - Retail - Space Planning - Permit & Code Review Re: Tigard Triangle 7275 SW Dartmouth Ave Tigard, OR 97223 Narrative The current building /structure locate at the above address was use by Hollywood Video as a retail store (M - Occupancy). The building is being demised into (3) tenant spaces / suites as follows: Suite 120 - Tenant A - Great Clips (1,200 SF Gross Leasable space) - `B' Occupancy Suite 160 - Tenant B - Tao Nails (1,400 SF Gross Leasable space) - `B' Occupancy Suite 180 - Tenant C - Pacific Dental (3,200 SF Gross Leasable space) - `B' Occupancy The `use' of the building is changing from an `M' (Mercantile) to a 'B' (Business) Occupancy. The extent of the Landlords work is basic "Shell" work only. The exterior `shell work' includes adding a single `man door' in the storefront frame /glass at Tao Nails (Suite 160) and Pacific Dental (Suite 180). The existing double man door in the storefront will remain at what is now Suite 120. Also included in the shell work is an electrical service upgrade on the South end of the building. The transformer and vault will remain in their current location. The existing transformer will be replaced with a transformer of more electrical capacity will remain the same basic size. The existing 600 amp electrical gear that currently resides at the Southeast corner of the building will be removed and replaced with new 1200 amp electrical service gear which, because of its size, will be located on the South wall face as near as possible to the Southeast corner of the building. This gear will includes a terminal connection can for PGE, meter bases, meter disconnects and the basic EMT pipe required to make this happen. There will also be terminal can located next to the gear for Telecom use. All of the existing `Hollywood' signs are being removed. Each incoming tenant will apply separately for their own sign permits. There are (3) roof top (RTU) heat /air units being installed on the roof all of which will remain below the site line of the building. This is in summary the work being done at the above address. 9825 SW DAY RD., SHERWOOD, OR 97140 -7220 OFFICE 503.320.0918 - FAX 503.570.8713 EMAIL - DAYROADDESIGN@COMCAST.NET ------------ - TAX STATEMENT ' , 7/' 09 „TO. X6%30/1,0 .'REAL .P:RO.PERTY, WASHINGTON , .0 a UNv OREGON, * 1'55'' N., FIRST.AV'E;;, iRM 130 * HILLSBORO, OREGON 97124 „_,,�, , • • •PROPERTY:DESCRIP. ., ON ; !I MAP.:” 1S'1'3-6DC -025 4 s ACCOUNT NO: R2036293 SITUS: 7275 SW, OAR '`1 O /TA' - ST ` : . ..- "' 1 ,ii. ° . • °• , ,' i �';'���� '� :2009= 2010'CURRENT TAX BY DISTRICT: `; , 1 :::A. , • , . ?. .: : ` ,',. `. . i AMERICAN INDUSTRIES' INC ' ' ' COLT PORTLAND' 1, 128.15 1750 NW FRONT AVE ST.E_ #1D6 : ESD =NW •REGIONAL .. 613.53 ' PORTLAND, OR 97209 , • " SCHOOL - TIGARD 19,882.58 TIGARD, /TUAL /AFTER LOL 4,004.79 LEGAL DESCRIPTION I I CODE AREA: 023.81 I EDUCATION TAXES: $25, 629.05 , ACRES 3.15 — - - ' - -- _ - - - _ -- ; _ - - WASHINGTON COUNTY 8,967 :13 REG -METRO SERVICE 385.26 s PORT- PORTLAND 279.93 o FIRE -TV FIRE & RESCUE 6,082.88 CITY- TIGARD 10,022.79 - (VALUES:__ - - - - -- _ - - __LAST.YEAR ..- THISYEAR_ ..U}2_TICARD ^DoT_. 235.48 FIRE -TV FIRE & RESCUE LOL 1,001.20 ;' MARKET VALUES : 05 WASHIN UN GTON__COTY LOL_, AFTER 2,362.83 53 LAND 2,2, 2 ,321,660 GENERAL GOVERNMENT TAXES: $29,337.50 STRUCTURE '6,079,'580 .' ""'6; - 3'90 ..,...- .... -.... .... . - TOTAL RMV VALUE 8,332,630 8,667,050 BOND WASHINGTON COUNTY 580.69 TAXABLE VALUES• BOND -METRO SERVICE DIST 613.53 ASSESSED VALUE . 3,8'88,150 . 4,'O04,' -'790 ' 'BOND-ECG 698.44 BOND -SD #23- TIGARD 3,116.93 ., :....BOND -TRI -MET 344.41 • BOND- TIGARD /TUALATIN -AFTER 3,631.94 • BOND -TV FIRE & RESCUE AFTER 478.57 PROPERTY'TAXE $63,875.30 $66,732.21 BOND -CITY OF TIGARD AFTER 855.42 • BOND -METRO SERVICE AFTER 746.49 DLINE, . APPEAL.DEA . Deceniber•31,:•2009 ; , • • i `••'.'• ` .. ` "' `' ` �' 503- 846 -8826 B OND -FCC -AFTER 699.24 Valui: Questions:' BOND AND MISC TAX: $11,765.66 Tax Questions ' - 503- 846 -8801 - Business Personal Property Questions 503- 846 -8838 ' Other Questions 503 - 846 - 8741 2009 -10 TAX (Before Discount) . $66,732.21 if PROPERTY TAX PAYMENT OPTIONS - v 4 .' t (See back of Statement for payment instructions.) f 4 �^ Due Discount Net Amount Due AC 4 l0/4 )„ Pay DELINQUENT T • "ES: 0 DELINQUENT TAXES DUE In Full 11/16/09 2,001.97 $64,730.24 213 11/16/09 889.76 $ 9 3 , 5 9 8.38 (See back for explanation of taxes marked with an asterisk ( *). 1/3 11/16/09 NONE $22,244.07 Delinquent Tax Total is included in payment options to the left.) REMIT PAYMENT TO: Washington County TOTAL (After Discount) : $64,730.24 MY MARKET VALUE WENT DOWN, BUT MY TAXES WENT UP? Your property taxes are based on your ASSESSED value not your MARKET value. A decline in the market value does not - automatically reduce your property taxes. For more information, review the enclosed Washington County Property Tax Statement Guide or visit our website at: http://www.co.washington.or.us/AssessmentTaxation/index.cfm All Payments Processed Upon Receipt Y Tear Here RETURN THIS PORTION WITH PAYMENT - SEE BACK OF STATEMENT FOR INSTRUCTIONS V Tear Here t i 1 \ • 1 `` m I I I I 1 1 - .. 1 I 1 I 1 a n lykr■si POFPYBOX I • GARDENS t FETSHART BL DG. G BLDG.B , 11209 SOF 5,100 SQ I • I i 1 i 1 I I i 1 ' 1 1 1 w 1 > 1 I III 1 ) c_ —) ( ._ J ( _) c c 1 O v u uii vilii// 1 Z • 1 / _� -- _— -_ I — Ul 1 -- -- __= I =_ =_ __ I / — -- ' — = • / — -- - 1 - I - - rte _ -, -_- _ - mi l. • ' — —_ L NOLLTWOOD , I / — — I VIDEO 1 1 / — _ - -- ' -- I ....!,.. / — _ _ I — — — — r BLDG A 1 C 1 ' 5016 SOP I i 1 b t IL± 4! J - - Li:L....h [ ' _ C� r "....\ \ i (--- ----, 1 OFFICE HAx Tr 1 A vi g I c Ce ti `f it N SW .DCtv4-4,00441 j if c,1 c ,` (1) A l AREA PLAN N.T.S. STATE OF OREGON County of Washington SS 'i ment and ' . o County , Assess- Clerk fo r , +.�n'_ rtify that the wit ' r -:,.. - n \ , eived and re is eL . • ., 3 „ � � •f said county, ` mil +'l-t F f s ;=i * ��. q�C. rl� � � � 1� � [L f �.Z ;`�' "rector of . *�n� 4lerk ation, Ex- • Doc : - 2001016176 Rect: 273346 37.00 02/28/2001 01:33:45pm ► -y �t' v , i ( After Recording Return to: Until a change is requested, send all tax notices to: American Industries, Inc. American Industries, Inc. 1750 NW Front Avenue, Suite 106 1750 NW Front Avenue, Suite 106 Portland, Oregon 97209 Portland, Oregon 97209 Attn: Robert F. Savage Attn: Robert F. Savage WARRANTY DEED REMBOLD PROPERTIES, LLC, AN OREGON LIMITED LIABILITY COMPANY, "Grantor," conveys and warrants to AMERICAN INDUSTRIES, INC., AN OREGON CORPORATION, "Grantee," the real property, with the tenements, hereditaments and appurtenances thereunto belonging or appertaining, situated in Washington County, and State of Oregon, and legally described on the attached Exhibit "A," incorporated by this reference, free of encumbrances, except as specifically set forth on attached Exhibit "B," which is incorporated by this reference and any easements, encumbrances or liens caused or suffered by Grantee. The true and actual consideration for this conveyance is the fulfillment of a Contract of Sale. 5. THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING ANY INTEREST IN OR TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND PTO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DEFINED IN ORS 7 30.930. • J 3 Dated this 4th day of December , 2000 3 GRANTOR REMBOLD PROPERTIES, LLC an Oregon limited • bility company / Wayne,✓' mbol Mem . er STATE OF OREGON ) ) ss: County of Multnomah ) On this 4 day of December 2000, personally appeared before me WAYNE C. REMBOLD, who being duly sworn, acknowledged said instrument to be his voluntary act and deed as member of, and on behalf of, Rembold Properties LLC, an Oregon limited liability company. NOT PUBLIC FOR OREGON +� OFFICIAL SEAL My Commission Expires: 5/15/03 ; CHERYLE STAHEL- EASTMAN ` NOTARY UBL PI -O `.-. COMMISSION NO C 320729 REGON MY COMMISSION EXPIRES MAY 15, 2003 2 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the Southeast one - quarter of Section 36, Township 1 South, Range 1 West, Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, described as follows: BEGINNING at a point from which the South one - quarter corner of said Section 36 bears South 22 °38'41" West, 918.70 feet; thence South 56 °46'00" East, 126.81 feet; thence South 01 °43'56" West, 186.87 feet; thence South 11 °30'30" East, 32.75 feet; thence South 01 °43'56" West, 280.81 feet; thence South 88 °16'04" East, 210.00 feet; thence North 01 °43'56" East, 599.89 feet; thence North 85 °51'42" West, 295.89 feet; thence South 34 °33'06" West, 55.33 feet to the point of beginning. • • • 3 . EXHIBIT B PAGE 1 of 1 1. The premises herein described are within and subject to the statutory powers including the power of assessment of the Unified Sewerage Agency. 2. Regulations, including levies, liens, assessments, rights of way, and easements of Tualatin Valley Water District. 3. Restrictive Covenants regarding street improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: September 16, 1993 Recorder's Fee No.: 93076023 Powers of assessment of the Dartmouth LID disclosed by the above instrument. 41. Restrictive Covenants regarding street improvements, including the terms and provisions thereof and including among other things a waiver of right of remonstrance; Recorded: September 16, 1993 Recorder's Fee No.: 93076024 5 . Covenants, conditions and restrictions, but omitting restrictions if any, based on race, color, religion, sex, handicap, familial status or national origin, unless and only to the extent that said covenant, (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, imposed by instrument, including the terms and provisions thereof. Recorded: October 1, 1993 Recorder's Fee No.: 93081050 The above document was re- recorded by instrument, • Recorded: April 6, 1994 _ _ __ Recorder's Fee_No_: 9403303Q I 6. Declaration of Covenants, Conditions and Restrictions and Reciprocal Easement Agreement, including the terms and provisions thereof; Dated: August 30, 1993 Recorded: October 1, 1993 Recorder's Fee No.: 93081054 • • Said Declaration was amended by instrument; Recorded: April 11, 1995 Recorder's Fee No.: 95024984 Recorded: April 6, 2000 Recorder's Fee No.: 2000027607 Recorded: April 6, 2000 • Recorder's Fee No.: 2000027612 • S 7 Matters disclosed by survey, Dated: May 12, 1999 Surveyor: ALPHA Engineering Inc. Survey No.: 500 -364 Being: A. Wall encroachment through the Northeasterly portion of said property; B, Various storm and sewer drains throughout said • property; C. Entry sign in Southeast portion of said property. 8. Covenant and Agreement Regarding Maintenance of Building; Recorded: April 6, 2000 Recorder's Fee No.: 2000 - 027608 9. Lease, ihcluding the terms and provisions thereof. Dated: December 10, 1999 - A memorandum of which was: , Recorded: April 13, 2000 Recorder's Fee No.: 2000029482 Lessor: Rembold Properties, LLC Lessee: Hollywood Entertainment Corporation 10. Lease, including the terms and provisions Oisions thereof. Dated: April •- A memorandum of which was: Recorded: May 16, 2000 Recorder's Fee No.: 2000038845 Lessor: Rembold Properties, LLC Lessee: Poppybox Gardens, Inc. -- - _ _.__ __ _