Loading...
ARU2015-00008 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNIT (ARU) 2015-00008 = OAK STREET ESTATES 120 DAYS = April 22, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: OAK STREET ESTATES ACCESSORY RESIDENTIAL UNIT CASE NO.: Accessory Residential Unit (ARU) ARU2015-00008 PROPOSAL: The applicant proposes to construct one house with a built-in accessory residential unit on Lot 22 in the Oak Street Estates Subdivision.The accessory residential unit will be 493 square feet in size, and will be located inside a detached, single-family dwelling. Off-street parking will be provided for both the primary residence and accessory residential unit. APPLICANT: Lennar Northwest,Inc. Attn: Mike Loomis 11807 NE 99 h Street Vancouver,WA 98682 OWNER: Same as applicant LOCATIONS: 10258 SW 67`h Avenue WCTM 1S136AA,Tax Lot 12700 COMPREHENSIVE PLAN DESIGNATION: R-4.5: Low-Density Residential. ZONING DESIGNATION: R-4.5: Low-Density Residential District. The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet. Duplexes and attached single- family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. APPLICABLE REVIEW CRITERIA: Community Development Code Chapter 18.710.020 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 1\'. THIS APPROVAL SHALL BE VALID FOR 18 MONTHS FROM THE EFFECTIVE DATE OF THIS DECISION. ARU2015-00008 OAK STREET ESTATES Page 1 of 3 SECTION III. BACKGROUND INFORMATION Site Information: The subjectproperty was originally approved as Lot 22 in the Oak Street Estates Subdivision (SUB2014-00001). The 0.16-acre site is located east of SW 67`h Avenue, and north of SW Oak Street. The property is zoned R-4.5 (Low-Density Residential), as are properties to the north, south, and west. Properties to the east are under the City of Portland's jurisdiction. Proposal Description: The applicant proposes to construct one house with a built-in accessory residential unit on Lot 22 in the Oak Street Estates Subdivision. The accessory residential unit will be 493 square feet in size, and will be located inside a detached,single-family dwelling. Off-street parking will be provided for both the primary residence and accessory residential unit. SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.710 ACCESSORY RESIDENTIAL UNITS 18.710.020 Standards A. Location.As noted in the use tables (18.510.1 and 18.520.1), accessory residential units are permitted as limited uses in all zones where detached,single-family dwelling units are permitted. The property is located within the R-4.5 zone,where detached, single-family dwellings are permitted. Therefore,an accessory residential unit is permitted on this property.This standard is met. B. Limitations.An accessory residential unit is permitted providing there is compliance with all of the following standards: 1.An accessory residential unit may be created within or as an addition to a detached single family dwelling. For the purposes of this chapter, "addition" means the sharing of a common wall with the primary residence.A garage may not be converted to an accessory residential unit unless it is rebuilt as part of the primary structure; The accessory residential unit will be created within a detached,single-family dwelling.This standard is met. 2.An accessory residential unit may not exceed 50%of the size of the primary unit,up to a maximum of 800 square feet; The proposed primary unit will approximately 2,687 square feet,and the proposed accessory residential unit will be 493 square feet.The unit is less than 50%of the size of the primary unit,and is below the maximum of 800 square feet. This standard is met. 3.The number of residents permitted to inhabit the accessory residential unit is regulated by the State Building Code; The applicant proposes one permanent resident in the accessory residential unit.This standard is met. 4. Either the primary or accessory residential unit must be owner-occupied; The primary unit will be conveyed to a property owner,who will reside in either the primary or accessory residential unit. This standard is met. ARU2015-00008 OAK STREETESTATES Page 2 of 3 5.A primary residence in which an accessory residential unit has been created may have only one home occupation; City records for this property show no current home occupation permits on file.This standard is met. 6. In addition to the number of parking spaces required for the primary residence, as established in Chapter 18.765, one parking space shall be provided for the accessory residential unit.This parking space shall be paved and/or covered; The minimum required off-street parking for a detached, single-family unit is one parking space.The accessory residential unit is also required to have one parking space.The applicant's narrative states the detached,single-family unit will include a three-car garage,and a paved driveway that can accommodate two additional vehicles.Accordingly, staff finds there is adequate parking for both the primary and accessory residential units.This standard is met. 7.The front door of the accessory residential unit shall not be located on the front facade of the primary unit unless the door is already existing; The front door of the accessory residential unit is proposed on the west facade,while the front door of the primary residential unit is on the north fagade.This standard is met. 8.There shall be compliance with all development standards established in the base zone. Staff reviewed the applicant's submitted site plan to determine that both the primary and accessory residential units meet all the development standards for the R-4.5 zone. This standard is met. FINDING: Staff finds the proposed Accessory Residential Unit meets all applicable standards of the City of Tigard Community Development Code. 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: An Accessory Residential Unit 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 DECEMBER 30, 2015 EE AND BECOMES EFFECTIVE ON DECEMBER 31, 2015 ,Questions If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCS&dggrd-or.gov. �: u December 30,2015 APPROVED BY: Lina Smith Assistant Planner ARU2015-00008 OAK STREET ESTATES Page 3 of 3 APPLICANT MATERIALS RECEIVED City of Tigard DEC 2 3 2015 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING/ENGINEERING I 0F 'nARD Accessory Residential Unit — Type I Application PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: square feet ELEMENTS Accessory Residential unit area: LN square feet Owner sSignature/Written An accessory residential unit may not exceed 50 percent of the size of the Authorization primary unit,up to a maximum of 800 square feet. d Plan(2 copies)Transfer Instrument or Deed Accessory Unit will be: �Within primary E] An addition ;'1<'1it'e/Plot d8z"x 11 ' ") Owner will occupy: Primary unit El Accessory unit te/Plot Plan(reduced / Narrative(2 copies)address criteria Total number of off-street parking spaces (min.one for each unit): 18.710.020 rrt C I,�/ (application Fee 'Vi J1/'9� (,N-*/ S Property address/location: �J� --j7aj7r TSR FOR STAFF tTSE ONLY Tax map and tax lot #: f X/&&A 4/a-7e0 Case No.(s): Comprehensive plan/zone designation: Related Case No.(s): ' 19-00"3 7 Application Fee: -73S7 G�� Site size: Application Accepted: APPLICANT: By: L S Date: Name: keaaaf- Application Determined Complete: Address: IV By:�� Date: / � c. City/state: 1 ,0 d -, yV - zip: I:\CURPLN\Masters\Land Use Applications Rev.01/15/2015 Phone: mail: �CD&t j /U1/a,%;CVM PROPERTY WNER/DEED HOLDER(S)* Same as Applicant Name: Address: City/state: Zip: Phone: Email: When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner.The owner(s)must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 Page 1 of 2 1 THE APPLICANTS) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subj ce=t ILper • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of applicant and each owner of the subject property required. MIV-l� �►,n��– D1217t.�nn__ bi=v��c'�nv.�� t2lz3/ij Applicant's si r Print name Dat _ 1AWL b" S Owner's signa Print name Date Owner's signature Print name Date Owner's signature Print name Date Owner's signature Print name Date ACCESSORY RESIDENTIAL UNIT—TYPE I APPLICATION City of Tigard 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2015-025280 D-DW Stn=4 K GRUNEWALD 04108/2015 01:04:03 PM $100.00$11.00$5.00$2,785.00$20.00 $2,921.00 THIS SPACE RE I,Richard Hobernicht,Director of Assessment and Taxation and Ex. `,r• c' Officio County Clerk for Washington County,Oregon,do hereby ; ,1, certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio After recording return to: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 Vancouver , WA 98682 Until a change is requested all tax statements shall be sent to the following address: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 p Vancouver, WA 98682 File No.: 7000-2387825(srm) �o Date: February 06, 20.15 STATUTORY WARRANTY DEED U Oak Street Holdings Company SB LLC, as to an undivided 33.3%interest; VLS Oak Street CC W LLC, as to an undivided 33.3% interest and Armory Holdings LLC as to an undivided 33.3% interest, Grantor, conveys and warrants to Lennar Northwest, Inc.,a Delaware corporation , Q Grantee, the following described real property situated in Washington County, Oregon, and described on Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B attached hereto: The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030) Page 1 of 3 APR s M F,k, THIS SPACE RESERVED FOR RECORDER'S USE •r After recording return to: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 Vancouver, WA 98682 Until a change is requested all tax statements shall be sent to the following address: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 Vancouver, WA 98682 File No.: 7000-2387825(srm) Date: February 06, 2015 STATUTORY WARRANTY DEED Z UOak Street Holdings Company SB LLC, as to an undivided 33.3% interest; VLB Oak Street WLLC, as to an undivided 33.30/a interest and Armory Holdings LLC as to an undivided 33.30/0 interest, Grantor, conveys and warrants to Lennar Northwest, Inc., a Delaware corporation , Q Grantee, the following described real property situated in Washington County, Oregon, and described on Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B CCattached hereto: U. The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030) Page 1 of 3 APN: 8277499 Statutory Warranty Deed File No.:7000-2387825(srm) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AN jj SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this day of l�' J 20 Oak Street Holding Company SB, LLC, an VLB Oak Street, LLC, an Oregon limited Oregon li ited liability company liability company k y: John S Bigg i Ur. b r By: Vincent L BIggi , Member Armory Holding Company MB, LLC, an Oregon limited liability company By: Michael R Biggi , M - r Page 2 of 3 APN: R277499 Statutory Warranty Deed File No.: 7000-2387825(srm) continued STATE OF Oregon ) )SS. County of Clackamas ) 4�b) This instrument was acknowledged before me on this day of �� 20 by John S Biggi Jr.,Member of Oak Street Holding Company SB, LLC; Vincent L. Biggi, Member of VLB Oak Street LLC and Michael R. Biggi, as Member of Armory Holdings LLC , on behalf of the limited liability company. Notary Public for Oregon My commission expires: 6/19/17 ICIAL SEAL :NOTAIRY IR MARSDEN UBLIC-OREGON SION NO,478GMY COMRES JUNE 19,201 Page 3 of 3 r , EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: A PARCEL OF LAND SITUATE IN THAT TRACT OF LAND DESCRIBED IN BOOK 285, PAGE 657, WASHINGTON COUNTY DEED RECORDS IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TWO INCH IRON PIPE ON THE NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, MARKING THE INITIAL CORNER OF FUR VALLEY, THENCE NORTH 0017' EAST, 1059.03 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY AND ITS NORTHERLY EXTENSION TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP ON THE NORTHERLY BOUNDARY LINE OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON; THENCE NORTH 89058' EAST, 300.00 FEET ALONG SAID SECTION LINE TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 761.91 FEET, PARALLEL WITH THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY,TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE NORTH 89°29' WEST, 100 FEET, PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 300.00 FEET, PARALLEL WITH SAID EASTERLY SUBDIVISION BOUNDARY LINE,TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP ON SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET; THENCE NORTH 89°29' WEST, 200.00 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. NOTE. This Legal Description was created prior to January 01, 2008. Exhibit B • Easement, Including terms and provisions contained therein: Recording Information: July 17, 2009 as Fee No. 2009 065417 In Favor of: Clean Water Services For: Sanitary Sewer EXHIBIT"A" LEGAL DESCRIPTION A parcel bf land situate In that tract of land described In Book 285, page 657, Washington County peed Records In the Northeast quarter of the Northeast quarter of Section 36, Township 1 South, flange 1 West of tha Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon, more particularly described as follows., Beginning at a two Inch Iron pipe on the Northerly right of way line of SW oak Street, marking the Initial corner of Fur Valley; thence North 0017' Bast, 1059.03 feet along the Easterly boundary line of said Fur Valley and Ili Northerly extension to a 5/8 Inch Iran rod with on alurnlnurn,cop on the Northerly boundary line of Section 36, Township I South, Range 1 West of the Willamette Merldlan, Washington County, Oregon; thence North 89"58` East, 300.00 feet along sold 5ectlan line to a 5/8 inch Iron rod with an aluminum cap; thence South 0017' West, 761.91 feet, parallel With the Easterly boundary line of sold -Fu?valldy;'t8'a'S/13 fc h lydii�o.with' IM reek, parallel with sold Northerly right of way line of SW Oak Street, to a 5/8 inch Iron red with an aluminum cap; thence South 0017' West, 300.00 feet, parallel with said Vasterly subdivision boundary line, to a 5/8 inch Iron rod with an aluminum cap on said Northerly right of way line of SW Oak Street; thence forth 89°2g' West, 200.00 feet along said Northerly right of way line.to the paint of beginning. Oak Street 11 PSA v3 012715 EXHIBIT "B" FORM OF MEMORANDUM OF AGREEMENT See Attached. 1 i i i Oak Street 1I PSA vG 020415 EXHIBIT "C" FORM OF DEED See Attached. THIS SPACE RESERVED FOR RECORDER'S USE After recording return to: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 Vancouver, WA 98682 ' Until a change is requested all tax statements shall be sent to the following address: Lennar Northwest, Inc. 11870 NE 99th Street, Suite 1170 Vancouver, WA 98682 File No.: 7000-2387825(srm) Date: February 06, 2015 STATUTORY WARRANTY DEED Oak Street Holdings Company SB LLC, as to an undivided 33,3% interest; VLB Oak Street LLC, as to an undivided 33.3% interest and Armory Holdings LLC as to an undivided 33.3% interest, Grantor, conveys and warrants to Lennar Northwest, Inc.,a Delaware corporation , Grantee, the following described real property situated in Washington County, Oregon, and described on Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B attached hereto: The true consideration for this conveyance is $2,784,250.00 of which a portion of said funds are being used for an IRC 1031 Exchange . (Here comply with requirements of ORS 93.030) Page 1 of 3 Al APN: R277499 Statutory Warranty Deed File No.: 7000-2387825(srm) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this day of_ 20 Oak Street Holding Company SB, LLC, an VLB Oak Street, LLC, an Oregon limited Oregon limited liability company liability company By: John S Biggi Jr., , Member By: Vincent L Biggi , Member Armory Holding Company MB, LLC, an Oregon limited liability company By: Michael R Biggi , Member Page 2 of 3 APN: R277499 Statutory warranty Deed File No.:7000-2387825(srm) -continued STATE OF Oregon ) )ss. County of Clackamas ) This instrument was acknowledged before me on this day of 20 by John S Bigg! Jr.,Member of Oak Street Holding Company SB, LLC; Vincent L. Biggi, Member of VLB Oak Street LLC and Michael R. Biggi, as Member of Armory Holdings LLC , on behalf of the limited liability company. Notary Public for Oregon My commission expires: 6/19/17 Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: A PARCEL OF LAND SITUATE IN THAT TRACT OF LAND DESCRIBED IN BOOK 285, PAGE 657, WASHINGTON COUNTY DEED RECORDS IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TWO INCH IRON PIPE ON THE NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, MARKING THE INITIAL CORNER OF FUR VALLEY; THENCE NORTH 0°17' EAST, 1059.03 FEET ALONG THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY AND ITS NORTHERLY EXTENSION TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP ON THE NORTHERLY BOUNDARY LINE OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON; THENCE NORTH 89°58' EAST, 300.00 FEET ALONG SAID SECTION LINE TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 761.91 FEET, PARALLEL WITH THE EASTERLY BOUNDARY LINE OF SAID FUR VALLEY,TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE NORTH 89°29` WEST, 100 FEET, PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET, TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP; THENCE SOUTH 0°17' WEST, 300.00 FEET, PARALLEL WITH SAID EASTERLY SUBDIVISION BOUNDARY LINE,TO A 5/8 INCH IRON ROD WITH AN ALUMINUM CAP ON SAID NORTHERLY RIGHT OF WAY LINE OF SW OAK STREET; THENCE NORTH 89°29' WEST, 200.00 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE POINT OF BEGINNING. NOTE: This Legal Description was created prior to January 01, 2008. Exhibit B • Easement, including terms and provisions contained therein: Recording Information: July 17, 2009 as Fee No. 2009 065417 In Favar of: Clean Water Services For: Sanitary Sewer EXHIBIT "D" ASSIGNMENT AND BILL OF SALE VLB Oak Street, LLC, an Oregon limited liability company, Oak Street Holdings Company SB, LLC, an Oregon limited liability company and Armory Holding Company MB, LLC, an Oregon limited liability company (collectively "Assignor"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby assigns, transfers, sets over and conveys Lennar Northwest, Inc., a Delaware corporation("Assignee"), all of Assignor's right, title and interest in and to all the real property (the "Real Property") described on Exhibit A, attached hereto, including, without limitation: (i) all appurtenant rights to the Real Property, including privileges, tenements, estates, interests and easements; (ii) all buildings and improvements on and under such Real Property; (iii) to the extent assignable, all governmental, licenses, permits, approvals, certificates of occupancy (if any), applications, subdivision plats or maps, entitlements, certificates, rights under development agreements, school fee mitigation agreements, building permit and development allocations, and any other declarant or development rights relating to such Real Property; (iv) all utility and other licenses, permits and other approvals that are in effect for the current use and operation of the Real Property; (v) all plans and specifications relating to such Real Property or improvements, and all engineering, environmental, soil, seismic and geologic reports, studies and certificates and other documents relating solely to such Real Property or improvements; (vi) to the extent assignable, all warranties and guaranties relating to such Real Property or improvements; (vii) the Reimbursements, Fee Credits and other Intangibles; (viii) all tangible personal property and fixtures owned by Assignor and located on or attached to the Real Property; and (ix) all of Assignor's right, title and interest in, to and under any and all declarations and other similar documents pursuant to which Assignor has any rights as a developer, declarant or the like, or any rights under any property owner's association, architectural control committee or the like. All capitalized terms not defined herein shall have the meanings given to them in that certain Purchase and Sale Agreement and Escrow Instructions dated February 5, 2015, between the Assignor, as Seller, and the Assignee, as Buyer. TO HAVE AND TO HOLD the same unto Assignee and its successors and assigns forever. [SIGNATURE ON THE FOLLOWING PAGE] Dated as of day of 12015. VLB Oak Street,LLC, an Oregon limited liability company By: Printed Name: Vincent L. Biggi Title: Member Armory Holding Company MB,LLC, an Oregon limited liability company By: Printed Name: Michael R. Biggi Title: Member Oak Street Holding Company SB,LLC, an Oregon limited liability company By: Printed Name: John S. Biggi,Jr. Title: Member STATE OF Oregon ) ss. County of } On this day of , 2015, before me, personally appeared Vincent L. Biggi who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity as member of VLB Oak Street,LLC, an Oregon limited liability company and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF Oregon ) ) ss. County of ) On this day of , 2015, before me, personally appeared Michael R. Biggi who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity as member of Armory Holding Company MB, LLC, an Oregon limited liability company and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. NOTARY PUBLIC FOR OREGON My Commission Expires: STATE OF OREGON } }ss. COUNTY OF } On this day of , 2015, before me, personally appeared John S. Biggi,Jr. who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity as member of Oak Street Holding Company SB,LLC,an Oregon limited liability company and that by his/her signature on the instrument the entity upon behalf of which the person acted, executed the instrument. NOTARY PUBLIC FOR OREGON My Commission Expires: EXHIBIT "E" FORM OF ASSIGNMENT OF CLAIMS Effective as of the day of , 2015 (the "Effective Date"), Oak Street Holding Company SB, LLC, an Oregon limited liability company, VLB Oak Street, LLC, an Oregon limited liability company, and Armory Holding Company MB, LLC, an Oregon limited liability company(together with its successors and assigns, collectively, "Assignor"), for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby sell, transfer, and assign unto Lennar Northwest, Inc., a Delaware corporation, and its successors and assigns (collectively, "Assignee"), all of Assignor's right,title, and interest to any and all present and future settlements, claims, choses in action, causes of action, actions, and lawsuits, in law or in equity, and other rights of any nature, whether in contract or in tort (including, without limitation, all rights to insurance proceeds and recovery against bonds), that Assignor has or may have relating to, in connection with, or arising out of its acquisition, financing, ownership, or development of the real property described in Exhibit A attached hereto (the "Property") in connection with any work relating to the Property, and all improvements thereon (collectively, the "Claims"), including,but not limited to, all claims against any and all engineers, consultants, contractors,lenders, governmental entities, subcontractors, and suppliers. By signing and returning this Assignment of Claims, the Assignor and Assignee hereby agree as follows: 1. Assignor hereby irrevocably and absolutely assigns to Assignee all of its right, title, and interest in and to the Claims including, without limitation, any and all rights, if any, to any action or relief attendant to such Claim or to which the holder of such Claim may be entitled under applicable law. The foregoing assignment shall not limit Assignor's right to defense, under any assigned insurance coverage, of third party claims against Assignor. 2. Assignor agrees to cooperate, as reasonably requested (and at Assignee's sole cost and expense) with any efforts by Assignee or its insurance carriers in their efforts to collect funds expended by Assignee in the prosecution of any action or the completion of any settlement of any Claims, such cooperation to include reasonable access to all non-privileged documents in the case in the custody or control of Assignor, including, without limitation, expert reports, and inspections on the subject property (provided, however, that if any such information is subject to a confidentiality restraint the recipient will agree to observe confidentiality on the comparable terms). 3. Assignor agrees that: (a) if any payments relating to the Claims shall be made to Assignor after the Effective Date, it will receive and hold the same in trust for Assignee and will forthwith upon receipt deliver the same to Assignee in the identical form of payment received by Assignor; and (b) it will execute and deliver all such further instruments and do all such further acts and things as Assignee may reasonably request or as shall be necessary or desirable to further and more perfectly assure to Assignee its rights with respect to the Claims. Contractor is responsible to check site plans and notify designer of ' o any errors or omissions prior to SAN\ s sAN \� sAN sitN` ` s N N \\ SAN '�� s sSAN — start of construction. Plans and �� , specifications shall be approved ----SW 67TH AVENUE—}--' , ----- - _ _ --,--� _ ----- - T=�� -- by local building officials prior STM STM sTan �srM srM to the start of any construction. ` / STM suv,\ WAT AT\ S o ` WAT WAT/ WAT AT SITE LEGEND: i P�ROETWA ECTION TION N Utility Symbols: ' \ - 0I, a � ° ^ 5 _0 FIRE HYDRANT ° , ' SIDEWALK ��B" u� CATCH BASIN TRACT � YZM STREETLIGHT .. CONCRETE b 11 DRIVEWAY o 8�_0��W \\ SANITARY SEWER P.U.E. v TREE PROTECTION 18' 3�� 10'- STORM \ STORM DRAIN o PROVIDE GRAVEL STAGING 5'-0', i I LATERAL \\ I FOR ANY TREE WITH AREA AT DRIVEWAY. _W_ WATER LINE (2" MIN QUARRY SPALLS FOR 39V43bs nm y� ��y3 SANITARY �\ \ ORANGE DASHED SINGLE FAMILY SITES). I , 39V�9 N I I LATERAL \ Fence Types: p i LINE. CITY OF TIGA I GARAGE °I WET WEATHER EROSION NOTES: 0 0 6A" WOOD FENCE T.O.E.=335.25 (See Fencing Plan if Necessary) Approved by Planning MAIN 1. DURING WET WEATHER SEASON '� F.F.E.-336.2 I SILT FENCE (OCTOBER 1-APRIL 30)ALL SOILS Date: EXPOSED FOR MORE THAN 2 DAYS I SHALL BE COVERED WITH PLASTIC Street Tree Types: - ao'-o �. initials: L, oQ - o0LL i SHEETING,OR A 2-INCH LAYER OF _ q o MULCH, BARK,WOOD CHIPS, LO ACER TRUN. x ACER PLAT. o SAWDUST,OR STRAW TO MINIMIZE 1 'SUNSET MAPLE' I I °I p EROSION POTENTIAL. 2"CAL. \ `A0 bE" Y�Vi13AOJ 3l8YAI1 I I 2. EXPOSED SOILS SHALL BE SEEDED NV-?Ib3VVV I NO LATER THAN SEPTEMBER 15T. CLADRASTIS KENTUKEA „394I218NId8„ YELLOWOOD' I ° 2"CAL. 3h b08Isr \\ I EROSION CONTROL NOTES: T-0" SYRINGA RETICULATA 1 I 33� __10''_0" 1. A STABILIZED GRAVEL 'JAPANESE TREE LILAC' l CONSTRUCTION ENTRANCE SHALL BE 1-1/2"CAL. 1 2 2 I INSTALLED AS FIRST SITE 1 �.�evi 1 I Ord \\ i I ACTIVITY. ACER RUBRUM "BOWHALL" 1 I 2. EROSION CONTROL MEASURES BOWHALL MAPLE' 1-1/z°cAL. � I _ SHALL BE INSPECTED DAILY AND 1 MULCH-ESTABLISH \�I °I MAINTAINED AS NECESSARY TO / GRASS o Y ENSURE THEIR FUNCTION. PYRUS CALLERYANA1" `r I , ° 3. EROSION CONTROL MEASURES CHANTICLEER PEAR' 1 RETAINING 0 � WALL � SHALL BE KEPT IN PLACE UNTIL 2'CAL. \ PERMANENT GROUND COVER IS _o � ESTABLISHED. ni" TREE PROTECTION y FRAXINUS OXYCARPA `�� PROTECTION 'RAYWOOD ASH' 1-1/z"CAL. 16gb 55.00' PROPOSED COVERAGE AREA: REVISIONS Street Address: MINIMUM BUILDING SETBACKS — SITE PLAN HOUSE:......................................... 1,739 Sq.Ft. DRAWN: 09-30 2015 MJG GENERAL REQUIREMENTS FOR LOTS REVISED: 09-30-2015 MJG 61—L— LENNAR OAK STREET ESTATES Q c,n/ +h p GARAGE: ......................... 582 Sq.Ft. 10258 V V V 6711 1 AVG COVERED ENTRY:.......................... 32 Sq.Ft. FRONT HOUSE: ........... 20 FT. (From P.L.) 11807 N.E. 99th Street COVERED PATIO:........................... 0 Sq.Ft. FRONT PORCH.............. 20 FT. (From P.L.) CITY OF TIGARD, WASHINGTON CO, OREGON Suite 1170 PATIO:(IMPERVIOUS)...................... 168 Sq-Ft. GARAGE: ..................... 20 FT. (From P.L.) m HOME SITE # 22 DRIVEWAY: (IMPERVIOUS)............. 456 Sq.Ft. 0 20' LOCATED IN THE NE 114 OF SECTION 36, Vancouver, WA 98682 REAR YARD: ... ... 15 FT. (From P.L.) Office: 360.258.7900 TOTAL COVERED/IMPERV. AREA:=2,977 Sq.Ft. SIDE YARD: ................. 5 FT. (From P.L.) TOWNSHIP 1 SOUTH,RANGE 1 WEST,WILLAMETTE MERIDIAN 6,875 Sq.Ft. 80% MAX. ALLOWABLE:............ =5,500 Sq.Ft. STREET SIDE: . 15 FT. (From P.L.) PROPOSED COVERAGE %.......... = 43.3% """""" CITY OF TIGARD Approved by Planning Date: v S' Initials: �S I 1 I Contractor is responsible to check site plans and notify designer of r \ r any errors or omissions prior to /\ ' N `� SAN ��SAN sal s SAN \ sAu SAN— start of construction. Plans and \ \ —5W 67TH AVENUE—�—L- specifications shall be approved -- --- :- ---� — -- --a_ - -------�--�=L---- by local building officials prior r STM—rte—STM STY `STM STM ' STM to the start of any construction. ' �' ' ` WAT�' / ' ` yy �,'—WA�' ` WAT AT SITE LEGEND: ATS, WAS N r r 1 Utility Symbols: ' ` ; 11 FIRE HYDRANT AL i _ r - — - 1=• -CATCH - CATCH BASIN TRACT 1181' Mia , _ i ' . -_ --+--- -- - ---'—� _ �------ - -- STREET LIGHT � � 11 2 b \ \ SANITARY SEWER R o 8'-01.W\' P.U.E. TREE PROTECTION ` -R-R-^- STORM DRAIN PRbvIDE TRAVEL ST'ATIN6 5,°, 18'-3" '°' LSATAL \\ FOR ANY TREE WITH ORM AREA AT DRIVEWAY. \ (2•MIN QUARRY SPALLS FOR ,yy� I`1` SANITARY \ \ ORANGE DASHED —W WATER LINE 39vav9 S"B SINGLE FAMILY SITES). I yo LATERAL� I , \ Fence Types: '� 1 , \ , LINE. GARAGE ' I .) ` WET WEATHER ER05ION NOTES: �--�� 6'-0"WOOD FENCE 1 T.0.5.=335.25 j �\ (See Fencing Plan if Necessary) I MAEXPOSED pl I \ 1. DURING WET WEATHER SEASON 1 1 F.F. -336.2 I SII.T FENCE (OCTOBER 1-APRIL 30)ALL SOILS 1 ' 1 I ° `` Street Tree Types: 40'-0' LL BE COVERED WITH PLASTIC I \ SHEETING,ORA 2-INCH LAYER OF OACER TRUN.x ACER PLAT, g § I O \\ MULCH. ARK,WOOD STRAW TO MINIMIZE 2 MINIMIZE MAPLE' �1 � 1 °N ', EROSION POTENTIAL. 1 11 I a°r,o,m�"r�„r, ` I I N ` 2. EXPOSED SOILS SHALL BE SEEDED `I ' NV7IN3WY ` I `\ NO LATER THAN SEPTEMBER SST. CLADRASTIS KENTUKEA P � I wEuowooD' I ' � I 94It18NIY8�� I ` \ \ 2"CAL. '1 1 ,6y VOBIE `\ I \\ EROSION CONTROL NOTES: \ ® SYRINGA RETICULATA ' 1. C A STABILIZED TRAVEL 'JAPANESE TREE LILAC' 1 9 10'-0' , CONSTRUCTION E SHALL BE \ 1-1/2•CAL 1 ` 2 2 I \ INSTALLED AS FIRRSTST SITE \ 1 I I ,:p ACTIVITY. \ AGER RUBRUM"BOWHALL" 2. EROSION CONTROL MEASURES 'SOWHALL MAPLE' I \I °I \ SHALL BE INSPECTED DAILY AND \ 1-1/2•CAL. 1 § MULCH-ESTABLISN \I \\ MAINTAINED AS NECESSARY TO \ I i TRA55 I ENSURE THEIR FUNCTION. PYRUS CALLERYANA RETAINING ' 3. EROSION CONTROL MEASURES 'CHANTICLEER PEAR' '\ \ - --- ------- -J'LJ WALL \ SHALL BANE KEPTIN PLACE UNTIL Ip 2°CAL. PERMENT GROUND COVER I5 ESTABLISHED. WE - - - - Y FRAXINUS OXYCARPA :! °PO1EC10N 'RAYW000 ASH' 1-112•CAL0 PROPOSED COVERAGE AREA: REVISIONS MINIMUM BUILDING SETBACKS SITE PLAN Street Address: HOUSE:.........................................1.739 Sq.Ft DRAWN:07-22-21115 Y JG GARAGE....................................... 582 Ft GENERAL REQUIREMENTS FOR LOTS My�p;09-3lN2015 YJG LENNAR Sq.Ft OAK STREET ESTATES 10258 SW 67th Ave COVERED ENTRY........................... 32 Sq.Ft Z 11807 N.E.99th Street COVERED PATIO:........................... 0 Sq.Ft. FRONT HOUSE ........... 20 FT. (From P.L) Suite 1170 PATIO:(IMPERVIOUS)...................... 168 Sq.Ft. FRONT PORCH.............. 20 FT.(From P.L) CITY OF TIGARD,WASHINGTON CO, OREGON DRIVEWAY: (IMPERVIOUS)............. 456 Ft GARAGE ..: ...............15 FT. (From P.L) HOME SITE#22 Vancouver,WA 98682 n REAR YARD: ............... 15 FT. (From P.L) 0 20' LOCATED IN THE NE 1I4 OF SECTION 98, TOTAL COVERED MPERV.AREA:-2,977 S Ft TOWNSHIP t SOUTH.RANGE 1 WEST,WILLAMETTE MERIDIAN Office: 360.258.7900 SIDE YARD: .................. 5 FT. (From P.L) 6,875 Sq.Ft. 82X-MAX. ALLOWABLE:............ =5,500 Sq.Ft. q' ,. _.. ___ ._-_ STREET SIDE ............. 15 FT. (From P.L.) -...�� .�� ....�..�� LE N NAIT Community: Oak Street Estates Subject:Narrative-Accessory Residential Unit Application Plan: Bainbridge—3,180 SF Lots: 22 Applicable Code: Chapter 18.710—Accessory Residential Units Lennar is the first production homebuilder to offer a solution for the multi-generational family, living under one roof,the Next Gen home. The home provides both privacy and togetherness associated with many of today's families. Such introduction to Oak Street Estates is specifically applicable to the City's required 18.710.020. 18.710.020—Standards A. Location—The subject community is zoned R-4.5 residential. Condition is met. B. Limitations 1. The accessory residential unit is created within the detached single-family residential dwelling. Such unit is not a garage conversion. Condition is met. 2. Accessory residential unit is 493 SF of 2,687 SF total unit, or 18.3%. The accessory dwelling unit is less than 50% of the primary unit size and is less than 800 SF maximum. Condition is met. 3.As with all other homes in the community, each home with lot will be conveyed to a single owner. Hence,the number of residents will be no different than any of the other homes in the community(ie: A home of similar square footage,with similar bedroom and bathroom count will accommodate a similar number of occupants). Condition is met. 4. Each home will be conveyed to single owner. Condition is met. 5.As noted in#3,above, each home with lot will be conveyed to a single owner. Condition is met. 6. The plan provides for(3)car parking(tandem) garage and(2) spaces on the paved driveway. Condition is met. 7. The exterior door for the accessory residential unit is located on the side of the home. Further, the accessory residential unit has an interior door providing connectivity to the primary unit. Condition is met. 8. The application complies with development standards in the base zone. Condition is met. 11807 NE 991h Street, Ste. 1170—Vancouver, WA 98682 Office 360 258-7900 Fax 360 258-7901 LEMPJAR.COM