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ARU2015-00006 NOTICE OF TYPE I DECISION ACCESSORY RESIDENTIAL UNITS (ARU) 2015-00003, (ARU) 2015-00004, (ARU) 2015-00004, (ARU) 2015-00004, and (ARU) 2015-00007 OAK STREET ESTATES 120 DAYS = March 4, 2016 SECTION I. APPLICATION SUMMARY FILE NAME: OAK STREET ESTATES ACCESSORY RESIDENTIAL UNITS CASE NO.: Accessory Residential Unit (ARU) ARU2015-00003 ARU2015-00004 ARU2015-00005 ARU2015-00006 ARU2015-00007 PROPOSAL: The applicant proposes to construct five houses with built-in accessory residential units, within the Oak Street Estates Subdivision. Each 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 each primary residence and accessory residential unit. All five requests are being processed and evaluated through this staff report. APPLICANT: Lennar Northwest,Inc. Attn:Mike Loomis 11807 NE 996'Street Vancouver,WA 98682 OWNER: Same as applicant LOCATIONS: 10287 SW 67`s Avenue,10220 SW 676 Avenue,10156 SW 67'''Avenue, 10167 SW 67 h Avenue,and 10186 SW 69'h Avenue WCTM 1S136AA,Tax Lot 201 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 \R1"2n15-00003 to_NRU2015-00007 OAK STREET ESTATES Pagc I of 4 SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED each of the five requests for Accessory Residential Units. 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. SECTION III. BACKGROUND INFORMATION Site Information: The five subject properties are part of Oak Street Estates (SUB2014-00001), a 38-lot subdivision that was approved by the City of Tigard Planning Division in July 2014.The 8.88-acre subdivision is located north of SW Oak Street, mid-block between SW 69`h Avenue and SW 66``' Avenue. The properties are 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 five houses with built-in accessory residential units,within the Oak Street Estates Subdivision. Each 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 each 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 properties are located within the R-4.5 zone,where detached single family dwellings are permitted. Therefore,accessory residential units are permitted on these properties. 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; Each proposed 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; Each primary (detached,single-family) unit will be 2,687 square feet in size. Each proposed accessory residential unit will be 493 square feet in size.Accordingly,each accessory residential unit is less than ARU2015-00003 to ARU2015-00007 OAK STREET ESTATES Page of } 50%of the size of the primary unit(180/6),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 each accessory residential unit.This standard is met. 4. Either the primary or accessory residential unit must be owner-occupied; Each detached,single-family dwelling will be conveyed to a property owner,who will reside in either the primary or accessory residential unit.This standard is met. 5.A primary residence in which an accessory residential unit has been created may have only one home occupation; City records for these properties 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. Each accessory residential unit is also required to have one parking space. The applicant's narrative states each 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 each primary and accessory residential unit.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 for each primary residential unit is proposed on the front fagade,while the front door for each accessory residential unit is proposed on the side facade. This standard is met. 8.There shall be compliance with all development standards established in the base zone. Prior to issuance of buildingpermits, staff will ensure compliance with all R-4.5 development standards for each individual property through site plan review. This standard is met. FINDING: Staff finds the proposed Accessory Residential Units meet 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 ARU2015-00003 to_1RU2015-00007 OAK STREET ESTATES Page 3 of 4 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 NOVEMBER 9, 2015 AND BECOMES EFFECTIVE ON NOVEMBER 10, 2015 Questions: If you have any questions,please contact Lina Smith at (503) 718-2438 or LinaCSOtigard-or.gov. %�,� November 9,2015 APPROVED BY: Lina Smith Assistant Planner ARU'2015-00003 to ARU2015-00007 OAK STREET ESTATES Pagc 4 of 4 RECENE City of Tigard NOV 0 3 2015 F 41 COMMUNITY DEVELOPMENT DEPARTMENT CITY OF TIGARD 71.41 PLANNING/ENGINEERING Accessory Residential Unit — Type I Application TIGARD PROPOSAL SUMMARY The owners of record of the subject property request an Accessory Residential Unit as described: REQUIRED SUBMITTAL Primary unit area: 2687 square feet ELEMENTS Accessory Residential unit area: 493 square feet Owner's Signature/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. Title Transfer Instrument or Deed Accessory Unit will be: a Within primary E] An additionSite/Plot Plan(2 copies) Site/Plot Plan(reduced 8'/z"x 11") Owner will occupy: ❑✓ Primary unit ZAccessory unit Narrative(2 copies)address criteria Total number of off-street parking spaces (min.one for each unit): 18.710.020 ` Property address/location: 10287 67th Ave., 10220 67th Ave.. application Fee 10156 67th Ave., 10167 67th Ave., 10186 69th Ave. FOR STAFF USE ONLY Tax map and tax lot #: 1 S 136AA00201, R0277499 �ad/S- DL�03 fo Case No.(s): Comprehensive plan/zone designation: Oak Street Estates Related Case No.(s): DGYJU Site size: 6,120 Application Fee: '3S� X Application Accepted: APPLICANT: By: /-S Date: ISIS Name: Lennar Northwest, Inc. Application Determined Complete- Address: 11807 NE 99th St. By: LS Date: S City/state: Vancouver, WA Lip: 98682 I:\CURPLN\Masters\Land Use Applications Rev.01/15/2015 Phone: 360.258.7900 Email: mike.loomis(a)lennar.com PROPERTY OWNER/DEED HOLDER(S)* ✓Q 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 THE APPLICANTS) 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 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 a nt and each owner of the subject property required. J . (a I I 1o 2� l� A plicant s ignature Print name Date RanSfclIS Owner's 0 gnature 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=G K GRUNEWALD 0410812015 01:04:03 PM $100.00$11.00$5.00$2,785.00$20.00 $2,921.00 r THIS SPACE RE I,Richard Hobernicht,Director of Assessment and Taxation and Ex- OfRcio County Clerk for Washington County,Oregon,do hereby .� certify that the within Instrument of writing was received and - +�F '''► recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officlo 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) oa Date: February 06, 20.15 r STATUTORY WARRANTY DEED V Oak 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 , <( Grantee, the following described real property situated in Washington County, Oregon, and described on 11— Exhibit A attached hereto, free of liens and encumbrances except as specifically set forth on Exhibit B to cc 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 1 8 2015 THIS SPACE RESERVED FOR RECORDER'S USE m 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 kXN File No.: 7000-2387825 6rm) Date: February 06, 2015 r STATUTORY WARRANTY DEED is Oak Street Holdings Company SB LLC,as to an undivided 33.30/a interest;VLB Oak Street 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: t�. 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: 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 PERSONS 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// SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this day of l. 20 Oak Street Holding Company SB, LLC, an VLB Oak Street, LLC, an Oregon limited Oregon li ited liability company liability company y:Lhn S Biggi Ur. b r By: Vincent L Iggi , Member Armory Holding Company MB, LLC, an Oregon limited liability company By: Michael R Biggi , M ' 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 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 OFFICIAL SEAL SHERRI R MARSDEN j NOTARY PUBLIC-OREGON COMMISSION NO,478293 MY COMMISSION EXPIRES JUNE t9,2017 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. l 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" A LEGAL DESCRIPTION A parcel bf land sltuate In that tract of land described In Book 285, page 657, Washington County Deed Records In the Northeast quarter of the Northeast quarter of Sectlon 36, Township 1 South, Range I West of the Willamette Meridian, In the City of Tigard, County of Washington and State of Oregon, more }articularly 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 01017' East, 1059.03 feet along the Easterly boundary tine of said Fur Valley and Its Northerly extension to a 5/8 inch hors rod with an Dlurnlnum,Gap on the Northerly boundary line of Section 36, Township I South, Range I West of the Willamette Meridian, Washington County, Oregon; thence North 89058' Oast, 300.00 feet along said Sectlon line to a 5/8 Inch Iron rod with an aluminum cap; thence South 0017' West, 76 .,91 feel, parallel with the Easterly boundary line of sold -Ftrvallbp;til a 518 f6tti-1 dfi rad:Wlili' an alurrlllit7r�i'c"a�;"thenc '!Vo"rlYi 8z3"�9'�14test; 7i•.. 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 0017' 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 f391129' West, 700.00 feet along sold Northerly right of way line.to the point of beginning. i Oak Street 11 PSA v3 012715 EXHIBIT "B" FORM OF MEMORANDUM OF AGREEMENT See Attached. i i Oak-Strect 11 PSA eG 020415 EXHIBIT"C" FORM OF DEED See Attached. `mow A,%I e k C. 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 I 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 33.30/0 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 orfs 93.030) Page 1 of 3 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 Biggi ]r.,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 0017' 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. I k 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 i i 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 ane, 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 aclmowledged 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: i 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. a e o ' ro� /H//F•L^INTI, � � �`'�� O.�.".O o e ♦wwww•♦ e c1tRp ♦wwww►♦ ,�.� � 13 S' ♦♦ ♦iw. O G ♦wwiwiwn► A R �` ia L •iiwiwiwi•►wi O•�Oiwiwi°: p � .:� � ♦-ww.assw�s i - �l .. r-� •� � � � "r"3 © � � !moi .�rs� ►wer O p , �� -' y. � � .+ �' ♦.www♦y a �6 6 ►' wiwiwiwiwi iwi y ♦wwwws, s p . ® .::�� ._i e.rw rsw �� n®s, '. ��- � aeu_. 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RETAIMK ' 11 I I 1 4s 1 1 23 wAu II I 22 r �1 �`, 20 '• 1 19 I 1B 17, r 16 15i 14 ''' 13 - - ------------ RETANIG RETAlMIG -�----- -- WALL WALL I LI I 1 i I , t^ l PROPOSED PLANS/PLAN#'5 PLAN TOTALS — ---- APPROV ArTF 1 BAINBRIDGE AMERICAN (3180A) 5 DIV.PRE'jhf'� ` ` , ---- 2 BURLINGTON ENGLISH SCAR (2664E3C) 3 - -- - E ._._._.._ ...... � �� OAK CREST Vr,OP�ATroNI�+.� ' 3 BURLINGTON AMERICAN SCAR (2664A3C) I DJ32.UI'S�+LES G Tigard,Oregon ....-.-_-.. ..... .. . .t......laj CITY OF TIGARD 1 9 9 4 DUBLIN AMERICAN DAYLIGHT (2776nDL) 1 SITE MAP COMPOSITE S DUBLIN ENGLISH DAYLIGHT (2776EDL) I LENNAR' JUNIPER AMERICAN (2355A) I Approved b P l n n i ng ° 4' '� 7 LARWOOD AMERICAN (2448A) 5 J� ' i I SCALE:I•-40'-P Date: /I b% 3-Io-plg LARWOOD ENGLISH (2448E) I rmo rtf rvet Rhe ngh10to mole changes m.tha pmt MARQUAM AMERICAN (2892A) 6 Initials: L-- ' I I mncr_See a L<mm new home consultant fo.furtho ' mf—r- ht.2014 LemonCa,,—'e.. MARQUAM AMERICAN SCAR (2892A3C) I All rights reurxd.Lemon—the L—logo arc regetemd ^^r"* �Ce�ks f I.C�'a^ MARQUAM ENGLISH (2892E) 3 ius ,dmm-CCBCI9530'!.all#LEh 1,11893Q& MULBERRY AMERICAN (2571A) 6 MULBERRY ENGLISH (25710 3 14 WILLOW AMERICAN (2336 ) 1 TOTAL HOME 5I f ES 38 1, LEN NAM Community: Oak Street Estates Subject:Narrative-Accessory Residential Unit Application Plan: Bainbridge—3,180 SF Lots: 3, 17,20, 29, 36 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 LEIMMAR.COM