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2020-074474 ~ 11820 SW Tiedeman Ave Washington County,Oregon 2020-074474 RETURN RECORDED DOCUMENT TO: D-AE 08/10/2020 10:14:40 AM CITY HALL RECORDS DEPARTMENT Stn=61 N MEJIA $50.00$11.00$5.00$60.00 $126.00 CITY OF TIGARD I,Margaret Garza,Director of Assessment and Taxation and Ex- 13125 SW Hall Blvd. Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and Tigard, OR 97223 recorded in the book of records of said county. Margaret Garza,Director of Assessment and Taxation, Ex-Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 8th day of October ,2019 ,by and )D between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) CSC CAP Holding,LLC. (Owner). 7 RECITALS A. Owner has developed or will develop the Facilities listed below. (List the type of private stormwater facilities on site and the quantity of each type). ?2 Private Detention Pond 1 FACILITY U. One QUANTITY 78,883 IMPERVIOUS AREA (SQ FT) PERVIOUS AREA(SQ FT) 92,743 FACILITY QUANTITY IMPERVIOUS AREA (SQ FT) PERVIOUS AREA(SQ FT) B. The Facilities enable development of property while mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is connection to the public storm water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. Page 1 —Private Storm water Facilities Agreement 50014-36782 62/17 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 8th day of October 20 19 ,by and JD between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) CSC CAP Holding,LLC. (Owner). RECITALS A. Owner has developed or will develop the Facilities listed below. (List the type of private rrstormwater facilities on site and the quantity of each type). f FACILITY Private Detention Pond LL One • QUANTITY 78,883 IMPERVIOUS AREA(SQ FT) PERVIOUS AREA(SQ FT) 92,743 FACILITY QUANTITY IMPERVIOUS AREA (SQ FT) PERVIOUS AREA(SQ FT) B. The Facilities enable development of property while mitigating the impacts of additional surface water and pollutants associated with storm water runoff prior to discharge from the property to the public storm water system. The consideration for this Agreement is connection to the public stonn water system. C. The property benefited by the Facilities and subject to the obligation of this Agreement is described below or in Exhibit A (Property) attached hereto and incorporated by reference. Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2117 See Attached Exhibit A D. The Facilities are designed by a registered professional engineer to accommodate the anticipated volume of runoff and to detain and treat runoff in accordance with Clean Water Service City's Design and Construction Standards. E. Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public storm water system. NOW,THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITIES. The City shall provide Owner an Operations and Maintenance (O&M Plan) for each facility. Owner agrees to operate, inspect and maintain each Facility in accordance with the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection activities. The log shall be available to the City upon request during City inspections 2. DEFICIENCIES. All aspects in which the Facilities fail to satisfy the O&M Plan shall be noted as "Deficiencies". 3. OWNER CORRECTIONS. All Deficiencies shall be corrected at Owner's expense within thirty (30) days after completion of the inspection. If more than 30 days is reasonably needed to correct a Deficiency, Owner shall have a reasonable period to correct the Deficiency so long as the correction is commenced within the 30-day period and is diligently prosecuted to completion. 4. CITY INSPECTIONS. Owner grants City the right to inspect the Facilities. City will endeavor to give ten(10) days prior written notice to Owner, except that no notice shall be required in case of an emergency. City shall determine whether Deficiencies need to be corrected. Owner(at the address provided at the end of this Agreement, or such other address as Owner may designate in writing to City) will be notified in writing through the US Mail of the Deficiencies and shall make corrections within 30 days of the date of the notice. 5. CITY CORRECTIONS. If correction of all Owner or City identified Deficiencies is not completed within the timeframe set forth in Section 3, City shall have the right to have any Deficiencies corrected. City(i) shall have access to the Facilities for the purpose of correcting such Deficiencies and (ii)shall bill Owner for all costs reasonably incurred by City for work performed to correct the Deficiencies (City Correction Costs) following Owner's failure to correct any Deficiencies in the Facilities. Owner shall pay City the City Correction Costs within thirty(30)days of the date of the invoice. Owner understands that this is a debt owing to City. In addition, Owner agrees that upon non-payment, City Correction Costs shall be secured by a lien on the Property for the City Correction Cost amount plus interest and penalties. 6. EMERGENCY MEASURES. If at any time City reasonably determines that the Facilities create any imminent threat to public health, safety or welfare, City may immediately and without prior notice to Owner take measures reasonably designed to remedy the threat. City shall provide notice of the threat and the measures taken to Owner as soon as reasonably practicable, and if such imminent threat arose from a Deficiency with the Facilities, charge Owner for the cost of these corrective measures as provided in Paragraph 5. 7. FORCE AND EFFECT. This Agreement shall constitute an equitable servitude or covenant running with the land and shall bind all owners of the Property present and future, and their heirs, successors and assigns. 8. AMENDMENTS. The terms of this Agreement may be amended only by mutual agreement of Page 2—Private Storm water Facilities Agreement 50074-36792 6/2/17 the parties. Any amendments shall be in writing, shall refer specifically to this Agreement, and shall be valid only when executed by the owners of the Property, City and recorded in the Official Records of the county where the Property is located. 9. PREVAILING PARTY. In any action brought by either party to enforce the terms of this Agreement, the prevailing party shall be entitled to recover all costs, including reasonable attorney's fees as may be determined by the court having jurisdiction, including any appeal. 10. SEVERABILITY. The invalidity of any section, clause, sentence,or provision of this Agreement shall not affect the validity of any other part of this Agreement,which can be given effect without such invalid part or parts. IN WITNESS WHEREOF, Owner and City have signed this Agreement. NOTARIZE DOCUMENT BELOW INDIVIDUAL OWNERS SIGN BELOW CORPORATE, LLC PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW CSC Cap Holding, LLC Owner(Individual) (Entity name) riAA By: Owner(Individual) (Sign here for entity Title: Manager STA . OF OREGON ) ) ss. �eeallc _di,e-�� County of ) This instrument .s acknowledged before me on , 20 , by • ' NOTARY PUBLIC FOR OREGON My Commission Expires: CITY OF TIGARD By: 1- I (City En. leer) Page 3 —Private Storm water Facilities Agreement 50014-36792 672/17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Sv\ ' Pcv • On Oc \fie_( ,3-0\q before me, 66c V : o . • . T.- _ .� Date Here Insert Name an. Title of the Officer • personally appeared \W\O ckl YV(t (* r CT r0.'\ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person,whose name(si is/9.1,6 subscribed to the within instrument and acknowledged to me that he/s)x6/tl11 executed the same in his/I f/tfjoif authorized capacity,(jesl, and that by hisieef/t4eir signature on the instrument the person(.2), or the entity upon behalf of which the persongacted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing CHERYL ANN MOULTON paragraph is true and correct. Notary Public-California ° - San Diego County WITNESS my hand and official seal. ' Commission#2286096 °" My Comm.Expires Apr 23,2023 Signature a11_1 ) frrv^---- Place Notary Seal and/or Stamp Above Si nature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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Se!lards, P.E. 3880 SE 8th Ave., Suite 280 Portland, OR 97202 503-235-8795 FAX: 503-233-7889 Email: chris©ztecengineers.com BURTS LANDING Detention and Utility Easement A Detention and Utility Easement over and across a portion of that deed recorded as Document No. 2014-071252, Washington County Deed Records, and being a portion of Lot 9 of "Greenburg Heights Addition", located in the Southwest one-quarter of Section 35, Township 1 South, Range 1 West, of the Willamette Meridian, in the City of Tigard, Washington County, Oregon. Said Easement being more particularly described as follows: Commencing at a 5/8" iron rod found at the Northeast corner of lot 15 of the plat of"The Meadow"; thence South 89°54'22" West, along the North line of said "The Meadow", a distance of 118.73 feet to a point on the Southeasterly right-of-way line of SW Tiedeman Ave. and the true point of beginning of the Easement herein described; thence North 30°32'00" East along said Southeasterly right-of-way line, a distance of 94.84 feet to point; thence South 89°56' 00" East a distance of 32.53 feet to a point; thence South 09°11'00"West a distance of 43.70 feet to a point; thence South 80°40'00" East a distance of 15.00 feet to a point, thence South 09°11'00"West a distance of 36.41 feet to a point on said North line of said "The Meadow"; thence South 89°54'22" West, along said North line, a distance of 82.73 feet to the true point of beginning of the Easement herein described. Said Easement covers an area of 4647 square feet more or less. RIMSTEREO PROFESSIONAL. LAND SURVEYOR ...a- :- 0 GON JULY 17. t98I CHRIS FtSCH80R" 1944 i / LEGEND : / • MONUMENTS FOUND AS NOTED FD. 5/8" I.R. / WITH RPC / I.R. IRON ROD FD. 1/2" I.P., 0.3' BURIED, O.U. 11 60' I.P. IRON PIPE FD. FOUND 1 S 89'56'00" E 32.53' I ,54'4 Irk IV- c ,�� 13 A)" IP ,p r 10, ryc� �- i b"'' 0 I •^� / S 80 40'00" E . L 15.00' 1 1, I d- DETENTION AND UTILITY EAASEMENT I "' 13 /- TRUE POINT 1 ;- OF BEGINNING / o 82.73' 1 `/I 36.00' 1 7- _T..--- S 89'54'22" W 118.73' FD. 5/8" I.R. 0.3' EXPOSED CO L.11 In Z / o a POINT OF COMMENCEMENT o "11E MEADOW GRAPHIC SCALE 0 10 20 40 LOCATED IN THE S.W. 1/4 SECTION 35, T.1S., RAW., I W.M., IN THE CITY OF 11GARD, WASHINGTON COUNTY, ( IN FEET ) OREGON 1 INCH = 20 FEET E o TITLE: EXHIBIT DRAWING ZTec ENGINEERS, INC. PLOT DATE: 5-9-16 3880 S.E. 8TH AVE., SUITE 280 N FILE: 242231EX12DWG PORTLAND, OREGON 97202 CLIENT: TIM GRAY SHEET: i OF 1 (503) 235-8795