HomeMy WebLinkAboutMMD2009-00036 MMD2009 - 00036
CHANGE OF USE
SNAP FITNESS
24 / 7
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2009-00036
CHANGE OF USE SNAP FITNESS 24/7 TIGARD
120 DAYS = 04/13/10
SECTION I. APPLICATION SUMMARY
FILE NAME: Change of Use Snap Fitness 24/7
CASE NO.: Minor Modification (MMD) MMD2009-00036
PROPOSAL: Applicant proposes a change of use of a 2295 sq. ft. tenant space from general
retail to indoor entertainment. The applicant proposes re-striping a portion of the
parking lot to add two spaces required for the change. No other changes are
proposed.
APPLICANT: Regency Centers OWNER: FW-OR-Greenway Town Center
5335 SW Meadows Rd. #295 1 Independent Dr. Suite 114
Lake Oswego, OR 97035 Jacksonville, FL 32202
LOCATION: 12264 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300.
ZONING
DESIGNATION: C-G: General Commercial District (PD). 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. Except where non-conforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. 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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and
18.765.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 1
CONDITIONS OF APPROV
PRIOR TO THE REQUEST FOR FINAL BUILDII NSPECTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1. Applicant shall apply for permitting of signs by separate application and review.
2. Applicant shall request final inspection approval by the Planning Division prior to occupancy.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject project is located at 12264 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The
request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment.
The development, Greenway Town Center, was determined to be non-conforming regarding required
parking, but has not appeared to be insufficient. Each change in occupancy that requires additional
parking must provide that number of spaces by re-striping existing spaces to compact spaces up to a
maximum of 50% of the total on the site. This proposal provides for the two spaces required.
Proposal Description:
The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor
entertainment. The required two new parking spaces will be created by re-striping 18 existing
spaces to 22 compact parking spaces. No new surfaced area will be created. The two extra
parking spaces are part of MM D2009-00016 and correct the parking count.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B
contains the following criteria for approval of a request for Minor 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. There will be:
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.
3. A change that requires additional on-site parking in accordance with Chapter 18.765.
The proposal is to provide 2 additional parking spaces and will be achieved by re-striping 18
spaces that are standard and larger to create 22 compact parking spaces. The non-conforming
parking for the Gateway Town Center has resulted in no net loss in parking through this
project. Therefore,this criterion has been satisfied.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code;
There are no proposed changes in the type of structures. Therefore, this criterion does not
apply.
e
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 2
5. An increase iri✓ weight of the building(s) by more th. J%;
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 type or location of access ways or parking areas where off-
site traffic would be affected. 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 has been satisfied.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
There is no floor area increase proposed. 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 proposal does not reduce the area reserved for common space or usable open space.
Therefore, this criterion does not apply.
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 does not reduce the project amenities.Therefore, this criterion does 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 proposal does not modify conditions imposed at the time of side development
review approval which are not the subject of B 1 through 10 above of this subsection.
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
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 3
Final Decision: 41111
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 DECEMBER 15, 2009
AND BECOMES EFFECTIVE ON DECEMBER 16, 2009.
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.
ad.„.:.
December 15, 2009
APPROVED BY: Darrel"Hap"Watkins DATE
Assistant Planner
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 4
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MAKES NO WARRANTY,REPRESENTATION OR GUARANTEE AS TO THE
- '� ANTON DR f a I `DATA PROVIDED HERENLTHE SCITVY FOTIGARD SHALL ASSUME PLETENESS OF NO OF
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1S134BC00300 I
FW OR-GREENWAY TOWN CENTER LLC
PO BOX 790830
SAN ANTONIO,TX 78279
i 4/W,g1.. ORM/All
16,70(
MAILING
RECORDS
AFFIDAVIT OF MAILING
I,Timothy Lehrbach, being first duly sworn/affirm,on oath depose and say that I am a Planning Assistant for the City of
Tigard, Washington County, Oregon and that I served the following:
{ Ap,,o,ue )Below}
NOTICE OF DECISION FOR
MMD2009-00036/SNAP FITNESS 24/7
(Fae No/ram Reference)
❑ AMENDED NOTICE
City of Tigard Planning Director
A copy of the said notice being hereto attached,marked Exhibit"A",and by reference made a part hereof,was mailed to each
named person(s) at the address(s) shown on the attached list(s),marked Exhibit"B",and by reference made a part hereof,on
December 15,2009,and deposited in the United States Mail on December 15,2009,postage prepaid.
4v (ierfAgrre
erson that Prepared Notice)
STATE OF OREGON
County of Washington ss.
City of Tigard
Subscribed and swom/affirmed before me on the /3 day of E," ,2009.
,.:-,• OFFICIAL SEAL
;' r7)4
• SHIRLEY L TREAT
" NOTARY PUBLIC-OREGON
COMMISSION NO.416777
MY COMMISSION EXPIRES APRIL 25,2011
N ARY PUB C OF OREGON
My Commission Expires: L1P � //
NOTICE OF TYPE I DECISION
MINOR MODIFICATION (MMD) 2009-00036 .
CHANGE OF USE SNAP FITNESS 24/7 TIGARD
120 DAYS = 04/13/10
SECTION I. APPLICATION SUMMARY
FILE NAME: Change of Use Snap Fitness 24/7
CASE NO.: Minor Modification (MMD) MMD2009-00036
PROPOSAL: Applicant proposes a change of use of a 2295 sq. ft. tenant space from general
retail to indoor entertainment. The applicant proposes re-striping a portion of the
parking lot to add two spaces required for the change. No other changes are
proposed.
APPLICANT: Regency Centers OWNER: FW-OR-Greenway Town Center
5335 SW Meadows Rd. #295 1 Independent Dr. Suite 114
Lake Oswego, OR 97035 Jacksonville, FL 32202
LOCATION: 12264 SW Scholls Ferry Rd.;WCTM 1S134BC,Tax Lot 00300.
ZONING
DESIGNATION: C-G: General Commercial District (PD). 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. Except where non-conforming, residential uses are
limited to single-family residences which are located on the same site as a
permitted use. 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.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.360, 18.390, 18.520, 18.745 and
18.765.
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request subject to certain conditions of approval. The findings and conclusions
on which the decision is based are noted in Section IV.
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 1
CONDITIONS OF APPROVA,_,
PRIOR TO THE REQUEST FOR FINAL BUILDING INSPECTION,
THE FOLLOWING CONDITIONS SHALL BE SATISFIED
1. Applicant shall apply for permitting of signs by separate application and review.
2. Applicant shall request final inspection approval by the Planning Division prior to occupancy.
THIS APPROVAL SHALL BE VALID FOR 18 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION.
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject project is located at 12264 SW Scholls Ferry Road, WCTM 1S134BC, Tax Lot 00300. The
request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor entertainment.
The development, Greenway Town Center, was determined to be non-conforming regarding required
parking, but has not appeared to be insufficient. Each change in occupancy that requires additional
parking must provide that number of spaces by re-striping existing spaces to compact spaces up to a
maximum of 50%of the total on the site. This proposal provides for the two spaces required.
Proposal Description:
The request is to change the use of a 2295 sq. ft. tenant space from general retail to indoor
entertainment. The required two new parking spaces will be created by re-striping 18 existing
spaces to 22 compact parking s aces. No new surfaced area will be created. The two extra
parking spaces are part of MMD2009-00016 and correct the parking count.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
COMPLIANCE WITH COMMUNITY DEVELOPMENT CODE SECTIONS:
MINOR MODIFICATION OF SITE DEVELOPMENT REVIEW: Section 18.360.050.B
contains the following criteria for approval of a request for Minor 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. There will be:
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.
3. A change that requires additional on-site parking in accordance with Chapter 18.765.
The proposal is to provide 2 additional parking spaces and will be achieved by re-striping 18
spaces that are standard and larger to create 22 compact parking spaces. The non-conforming
parking for the Gateway Town Center has resulted in no net loss in parking through this
project. Therefore, this criterion has been satisfied.
4. A change in the type of commercial or industrial structures as defined by the Uniform
Building Code;
There are no proposed changes in the type of structures. Therefore, this criterion does not
apply.
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 2
5. An increase in tl. .eight 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 type or location of access ways or parking areas where off-
site traffic would be affected. 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 has been satisfied.
8. An increase in the floor area proposed for a nonresidential use by more than 10%
excluding expansions under 5,000 square feet;
There is no floor area increase proposed. 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 proposal does not reduce the area reserved for common space or usable open space.
Therefore, this criterion does not apply.
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 does not reduce the project amenities. Therefore, this criterion does 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 proposal does not modify conditions imposed at the time of side development
review approval which are not the subject of B 1 through 10 above of this subsection.
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
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 3
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 DECEMBER 15, 2009
AND BECOMES EFFECTIVE ON DECEMBER 16, 2009.
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.
ga,w,et• , ,L
December 15. 2009
APPROVED BY: Darrel"Hap"Watkins DATE
Assistant Planner
MMD2009-00036 Snap Fitness 24/7 Change of Use Decision 121409 Page 4
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+ ,�? UATA IS DERIVED FROM MULTIPLE SOURCES THE CITY OF TIGARD
- I ^HAKES NO WARRANTY REPRESENTATION OR GUARANTEE AS TO THE
JI _ -JNTENT.ACCURACY,TIMELINESS OR COMPLETENESS OF ANY OF THE
ANT O N O R Q I DArA PROVIDED HEREIN THE CITY OF TIGARD SHALL ASSUME NO
_AM_N ZANITA STT ,!ABILITY FOR ANY ERRORS,OMISSIONS OR INACCURACIES IN T- 1 I INFORMATION PROVIDED REGARDLESS OcnII
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For only the work as described in:
P'I.'WIT NO./YI1,t'1D.>2 'j-QQDTill
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/D�Y
FW OR GREENWAY TOWN CENTS IC MMD2009-000. 0
PO BOX 790830 SNAP FITNESS 24/7 EXHIBIT
SAN ANTONIO,TX 78279
FW-OR-Greenway Town Center
1 Independent Dr.Suite 114
Jacksonville,FL 32202
Regency Centers
5335 SW Meadows Rd. #295
Lake Oswego,OR 97035
APPLICANT
MATERIALS
RECEIVED
DEC 1 1 2009
1111II City of Tigard CITY OF TIGARD
s EKING
Minor Modification — Type I A €iii
TIGARD
GENERAL INFORMATION In addition, the Director must find that the proposed
/`�� change is in compliance with all applicable requirements of
Property Address/Location(s): J 88 Title 18 of the Tigard Development Code. To complete
SW s cJ- ci i I s F-C r r# R.Q , T04 rd 0k this review, the Applicant's proposal must include a
Tax Map&Tax Lot#(s): ?7 3 discussion indicating how the site expansion/change will
S 13 44 8 C_ -On 300 continue to comply with the maximum setback, building
Site Size: _ 7 e (Q (/ Q c R e_c height, parking, and landscaping standards. Other
quirements of this title such as clear vision, solid waste
Applicant*: FLO-oR' r e �a sgopge, non-conforming situations, signs, and tree
Address: �1bRelektciJ deht eu,47DWS Woval may also be applicable depending on the type and
City/State:L-u e pS ( e ()*ip: 7 1[]3S— `slocation of the proposed modifications.
Primary Contact:f ei r r r e kS(Tit_
Phone:5Q3 .403 •YptbFax: .51) 3 w? / 0 3.R
E-Mail: Atlhe11dercoN fele ro 'e6M
Property Owner/Deed Holder(s)*: el REQUIRED SUBMITTAL ELEMENTS
(Attac,list if more than one)
FM(' 0 G l^t,tx)Lo d To 00 C'rery -tx L Z C (Applications will not be accepted without the
following required submittal elements)
Address: Phone: �/
City/State: Zip: [ Application Fora?
❑ Owner's Signaturc/Written Authorization
* When the owner and the applicant are different people, the Title Transfer Instrument or Deed
applicant must be the purchaser of record or a lessee in ❑ Site Plan(4 Large Plans&One—Reduced to 8'/s"x 11")
possession with written authorization from the owner or an
agent of the owner. The owner(s) must sign this application El Applicant's Statement/Narrative(4 copies)
in the space provided on the back of this form or submit a IleFiling Fee $579.00
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
or change does not invoke one or more of the criteria
discussed within Section 18.360.050(B) — Site Development FOR STAFF USE ONLY
Review or Section 18.330.020(B)(2)—Conditional Use. If the M� 3 UDGj _o 00 0
modification exceeds the maximum allowed under any one or Case No.(s):
more of the criteria, a Major Modification review is required.
Major Modifications are processed in the same manner as a Other Case No.(s):
new Site Development Review or Conditional Use Permit. ,JI
Receipt No.:
Applicant's Statement: Date: la' l l
The applicant's statement must include a summary of the SA-r
proposed changes. Criteria in either 18.360.050(B) or Application Accepted By:
18.330.020(B)(2) must be addressed with a detailed response Date Determined Complete:
to each criterion. Failure to provide the information needed Revised: 16-Oct-09
t'\c[t[pin\mas[ers\land use applications\minor modification app.docx
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 503-639-4171 I www.tigard-or.gov I Page 1 of 2
'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 /0 day of is)g10-44 ,20 0
9
,/,(26i,4,7)(
Ow is ature 15/4..;. Owner's Signature
//�a.
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 2
CITY OF TIGARD11111 RECEIPT
q
t ■ . 13125 SW Hall Blvd.,Tigard OR 97223
503.639.4171
TIGARD
Receipt Number: 176282 - 12/11/2009
CASE NO. FEE DESCRIPTION REVENUE ACCOUNT NUMBER PAID
MMD2009-00036 Minor Modification to an Approved Plan 1003100-43116 $504.00
MMD2009-00036 Minor Modification to an Approved Plan- 1003100-43117 $75.00
LRP
Total: $579.00
PAYMENT METHOD CHECK# CC AUTH.CODE ACCT ID CASHIER ID RECEIPT DATE RECEIPT AMT
Check 00001902 STREAT 12/11/2009 $579.00
Payor: FW-OR Greenway Town Center LLC
Total Payments: $579 00
Balance Due: $0.00
Page 1 of 1
•
tngton County,Oregon 2005-134926
2005 11:13:09 AM
Crttal *Mod K BARNETT
/ I id y:1 e /J//y 325.00$6.00$11.00 317,570.00•Total■t17,1310.00
\\ ��(
IIIII IUH III I I111111 IIIIIIIIIIIII I
1� 00857648200501349260050050
U.S. Retail Partners, I,Jerry Henson,Director of Asssssment and Taxation 3a! .
LLC, Grantor and Ex•omclo County Clerk for Washington County,
Oregon,do hereby certify that the within Instrument of �'_ �y
FW OR-Greenwav Town Center,LLC, Grantee writing was received and recorded In the book Of 'v ,,
records of said county. lipA ,ce'•
Jerry R.Hanson,Dlrector ss..smant and Taxation,
Ex•Offlclo County Clerk
Until a change is requested,all After recording,return to:
tax statements shall be sent to the
following address:
of Return to:
!; FW OR-Greenway Town Center,LLC LandAmerica Financial Group,Inc.
Attn: Denny White 05-001134
121 West Forsyth Street,Suite 200 1015 15th Street,N.W.,Suite 300
Jacksonville, FL 32202 Washington,D.C.20005
WARRANTY DEED—STATUTORY FORM
U.S. RETAIL PARTNERS, LLC, a Delaware limited liability company, Grantor,
conveys and warrants to FW OR-GREENWAY TOWN CENTER, LLC, a Delaware limited
liability company, Grantee, the real property described on Exhibit A, free of encumbrances,
except as specifically set forth on Schedule 1, attached hereto and by reference incorporated
herein:
The true consideration for this conveyance is Seventeen Million Five Hundred Seventy-
Five Thousand Five Hundred Ten and No/100 Dollars($17,575,510.00).
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 FEE TITLE TO THE PROPERTY SHOULD CHECK WITH
THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY
APPROVED USES AND TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30.930.
7�.7.:„- WASHINGTON COUNTY
DATED this / s/ day of Jo it5 Q-., 2005. REAL PROPERTY TRANSFER TAX
$ 17,575,00 10-2S-Q5
• ' FEE PAID DATE
`114:r1:iti
Remainder of Page left blank intentionally
Page 1 -WARRANTY DEED—STATUTORY FORM
J
004.481665.1
1
II1I lIIII I I I II IP
woo-134926
GRANTOR:
U.S.RETAIL PARTNERS,LLC,a Delaware
limited liability company
By: U.S. Retail Partners Holding,LLC,a Delaware
limited liability company, its sole member
By: Macquarie CountryWide-Regency II,LLC,a
Delaware limited liability company,its sole member
By: Macquarie-Regency Management,LLC,a
Delaware limited liability company,its managing
member
By: Regency Centers,L.P.,a Delaware limited
partnership,its managing member
By: Regency Centers Corporation,a Florida
corporation, its general partner
By: ,R-.Pa. ,
Name: Celle R. Paoli
Title: Vice Preaidem- rporate Administration
STATE OF F-L0(249A )
COUNTY OF b t. v Art— )
The foregoing instrument was acknowledged before me this ICI"- day of 1'I/t,A-- ,
2005,by C- � K. +?�'- ,the V I c-E Pit ES i D EAJT of Regency
Centers Corporation, a Florida corporation, the general partner of Regency Centers, L.P., a Delaware
limited partnership, managing member of Macquarie-Regency Management, LLC, a Delaware limited
liability company, the managing member of Macquarie CountryWide-Regency II, LLC, a Delaware
limited liability company, as sole member of U.S. Retail Partners Holding, LLC, a Delaware limited
liability company, the sole member of U.S. RETAIL PARTNERS, LLC, a Delaware limited liability
company,on behalf of said limited liability company. Such person: (notary must check applicable box)
Wis personally known to me L iC E q-
produced a current L 13r I U£ as identification.
❑ produced as identification.
•-vi6,kri-"zzisz/h/L,/
{Notary Seal must be affixed} b
Signa u of Not
r� '`''• MELODY Mpl BROWN I Name of Notary(Typed,Printed or Stamped)
4-7 • 'z MY COMMISSION*+DD 389680 Commission Number(if not legible on seal):
'•� _'; EXPIRES.January 26,2009 My Commission Expires(if not legible on seal):
%7;, ' Bolded TMi Noy y Urdefwmers
, 'i
SIGNATURE PAGE TO WARRANTY DEED
Page 2-WARRANTY DEED—STATUTORY FORM
J 004.481665.1
IlII' '•''1ttI liiil II
•
20Q5-
EXHIBIT A
Legal Description
•
004.481665.1
i'III !It9
IIIIIIII2005-13".926
EXHIBIT "A"
Part of the Northwest one-quarter of Section 34, Township 1 South, Range 1 West
of the Willamette Meridian, in the City of Tigard, County of Washington and State
of Oregon, described as follows:
Beginning at the point of intersection of the North right of way line of Springwood
Drive, extended, and the East right of way line of S.W. 122nd Avenue (now
vacated), said point lying North 89°54'50" East 1,077.94 feet and North 0°05'42"
West 635.10 feet from the West one-quarter corner of said Section 34; thence
North 89°52'27" East 4 feet; thence North 0°05'45" West parallel with the West
right of way of said avenue, 150 feet to a point; thence South 89°52'27" West
parallel to the center line of Springwood Drive, 44 feet to a point on the West right
of way of said avenue (now vacated); thence North 0°05'45"West 180 feet along
said right of way to a point; thence North 89°52'27" East 20 feet parallel to the
center line of Springwood Drive to a point on the center line of said avenue (now
vacated); thence North 0°05'45" West 276 feet on and along said center line to a
point on the South right of way of Scholls Ferry Road, being 50 feet from center
line thereof; thence South 84°22'18"West on and along said South right of way of
Scholls Ferry Road, 577.71 feet to an iron rod; thence South 0°05'45" East 550.61
feet to an iron rod on the North right of way line of Springwood Drive, being 25
feet from center line thereof; thence North 89°52'27" East on and along said North
right of way line 595.02 feet to the point of beginning.
TOGETHER WITH those certain easement rights as set forth in the Declaration of
Restrictions and Grant of Easements, dated May 11, 1979 and recorded June 22,
1979, under Recorder's Fee No. 79 24332, Washington County Records, as
modified by the Addendum thereto, recorded March 28, 1980, under Recorder's
Fee No. 80010910 of said records.
05-001134(Greenway Town Center)
• 1 Iil l l l�II III!{I III II 1111 III
2005-134926
SCHEDULE 1
All restrictions, reservations, covenants, conditions,declarations,easements and
rights of way of record and all other matters of record affecting the Property.
regenCYCOOMWS
TO: City of Tigard, Oregon
Community Development
13125 SW Hall Blvd
Tigard OR 97223
Attn: Hap Watkins
FROM: Marjorie Henderson
Assistant Property Manager
Greenway Town Center
Regency Centers
DATE: December 10, 2009
SUBJECT: Parking Lot Striping Revisions
Regency Centers is the owner of Greenway Town Center at 12150 — 12288 SW
Scholls Ferry Rd, Tigard, Oregon. We are in the process of re-leasing space
number 12264 in our center. We are planning to change the use from a 2295
square foot pet store to a 2295 square foot fitness / exercise facility. Our leasing
agent was told by city planning department that because of this "use" change, we
need to add two (2) more parking spaces to our latest parking lot plan.
I contacted Neil Fernando, PE at Emerio Design to redraw the parking spaces.
He took our present parking lot plan (MMD 2009-00016 effective 5/13/2009) and
intends, upon City's approval, to re-stripe eighteen (18) existing 9.3' ' stalls as
Twenty-two (22) compact 7.5' parking stall.
Along with this request for approval to add the two (2) parking spaces, I am
including for your use:
1. Existing parking lot drawing
2. New park lot plan
3. Minor Modification — Type 1 Application
4. Warranty Deed showing current ownership
5. Check No.1902 in the amount of $579.00 to cover the cost of filing fee.
If you have any questions, please feel free to call me at 503.603.4700. Thank
you.
5335 SW MEADOWS RD., SUITE 295 . LAKE OSWEGO, OR 97035 . 503.603.4700 . 800.465.4558 . FAX: 503.624.0336 . REGENCYCENTERS.COM
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ct"W C C c0° THIS DRAWING HAS BEEN DERIVED FROM MULTIPLE PUBLIC GIS DATABASES o
`1)z C C cr C AND ASBUILT DOCUMENTATION AS PROVIDED BY THE CLIENT. AS SUCH THIS S
40101111110 DRAWING SHOULD NOT BE INTERPRETED AS A SURVEY. ANY BOUNDARY,SITE s
I Nib C I _ FEATURE OR UTILITY SHOWN HEREON IS SHOWN FOR REFERENCE ONLY AND
c HAS NOT BEEN PROFESSIONALLY DELINEATED. USE OF ANY INFORMATION >
FROM THIS PLAN IS AT USERS OWN RISK AND EMERIO DESIGN,LLC SHALL NOT < 4C BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS FOUND HEREON. ® ^o >i;C 7ON OI
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STALL CALCULATION NOTES: J 8 N"
>Dn� i
1. THE PREVIOUSLY STRIPING PLAN APPROVED IN MAY 2009 INCLUDED ( ¢i
1Jvc,�� °n°n
ADDING SIX NET STALLS ON THE WESTERN REWORKED BANK. THE CLIENT j
REQUESTED 6.6'WIDE STALLS WHICH ARE NOT USABLE. THIS WAS REVISED
TO 7.5'WIDE STALLS AND A NET GAIN OF 4 STALLS. X a a< x
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2. THE MIDDLE REWORKED BANK WILL ADD FOUR NET STALLS. RI n m c
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411, ' N,
3. THE NET GAIN FROM THIS PLAN VERSUS THE MAY 2009 PLAN IS 2 STALLS.
0
U
CITY OF TIGARD
/ 41101.1 Approved
� !'�nditionally Approved : VI.:
E
�'�1\J'�jFJronly the work as described in:\l\�9 PERMIT NO.B�1/)�,/�AXh,{�`r -� SeeLetterto: Nl��Wri\ \ Attach_ ______
SHEET /8
gr�r f Jcb Addr s: Z�li �1/Ji � 1 X
\ \ P' �2/�,l/ °F
/ - �� _ Date: —` -z{_DTI / 1 0
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