2020-132224 ~ 9000 SW Durham Road Washington County,Oregon 2020-132224
12/22/2020 02:34:15 PM
D-AE Cnt=1 Stn=2 S AKINS
RETURN RECORDED DOCUMENT TO: $30.00$5.00$11.00$60.00 Total=$106.00
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD 111111 11111 I II 11111111111 I III 111111
13125 SW Hall Blvd. 02693208202001322240060067
I,Margaret Oarza,Director of Assessment and s�
Tigard,OR 9722 Taxation and Ex-Officio County Clerk for Washington . �Y•
County,Oregon,do hereby certify that the within § €
instrument of writing was received and recorded in the�, I
book of records of said county.
Margaret Oarza,Director of Assessment and Taxation, t
Ex-Officio County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 4th day of January 2019,by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon(City) and Tigard Tualatin School District(Owner).
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).
Facility type: Contech StormFilter Vault SDFV-1 Quantity: 17(Low drop filter cartridges) Size:8' x l 1'
Facility type: Contech StormFilter Vault SDFV-2 Quantity: 13 (Low drop filter cartridges) Size: 8' x 11'
Facility type: Contech StormFilter Vault SDFV-3 Quantity: 14(18"filter cartridges) Size: 8'x 11'
Facility type: Contech StormFilter Catch Basin Quantity: 5 (Single low-drop filter cartridge) Size: n/a
Facility type: Contech StormFilter Catch Basin Quantity: 1 (Dual filter low-drop cartridges) Size: n/a
Facility type: Contech StormFilter Catch Basin Quantity: 1 (Single 18"filter cartridge) Size: n/a
Facility type: Contech StormFilter Catch Basin Quantity: 5 (Dual 18"filter cartridges) Size: n/a
Facility type: Contech StormFilter Manhole Quantity: 5 (Low-Drop filter cartridges) Size: 72"
Facility type: Flow-Through Stormwater Planters Quantity: 12 on-site planters Size:per plan
Facility type: 5' wide Vegetated Filter Strip Quantity: 1 Size: 313 LF
Facility type: 12"wide Rock Gallery Quantity: 1 Size: 480 LF
B. The Facilities enable development of property at 9000 SW Durham Road,Tigard,OR 97224
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.
Page 1 —Private Storm water Facilities Agreement 5001436792
6/2/17
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.
See Attached Exhibits:
EXHIBIT A—Legal Description
EXHIBIT B—Property Map/Site Plan
EXHIBIT C—Catch Basin StormFilter Operation and Maintenance
EXHIBIT D—StormFilter Inspection and Maintenance Procedures
EXHIBIT E—Flow-Through Planter Operation and Maintenance Plan
EXHIBIT F—Vegetated Filter Strip Operation and Maintenance Plan
EXHIBIT G—Water Quality Manhole Operation and Maintenance Plan
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
Page 2—Private Storm water Facilities Agreement 50014-36792
6/2/17
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
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.
Page 3—Private Storm water Facilities Agreement 50014-36792
6/2/17
IN WITNESS WHEREOF, Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
By: a,
Title:
STATE OF OREGON )
$ ) ss.
County of (tkA A .t._
e
This instrument was acknowledged before me on S _a2,11_,20 a.0 ,by
170•‘11 CA C. Wkcoas CPO of I60-4 i1)C ilv
OFFICIAL STAMP NOTARY PUBLIC FOR OREGON
etef - PATRICIA CLAUSEN ROBERTS My Commission Expires: 11+41 yq.
NOTARY PUBLIC-OREGON
so' COMMISSION NO.964284
PAY COMMISSION EXPIRES JULY 04,2021
CITY OF TIGARD
By:
City Engineer)
Page 4—Private Storm water Facilities Agreement 50014-36792
6/21,7
Lot Book Service Guarantee No.:7019-2931751
Page 4 of 5
Exhibit"A"
Real property in the County of Washington, State of Oregon, described as follows:
PARCEL I:
A parcel of land located in Section 14,Township 2 South, Range 1 West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon and being described as follows:
Beginning at the Northwest corner of that tract of land described in Deed Book 341, page 413, said point
being West 1760.0 feet and South 0°01'West 940.5 feet from a stone at the Northeast corner of said
Section 14; thence East, along the North line of said tract, 880.00 feet to the Northeast corner thereof,
said point also being on the West line of that tract described in Deed Book 585, page 210; thence
Northerly,along the West line of said Deed Book 585, page 210 and the Northerly extension thereof,
940.50 feet to the North line of said Section 14; thence Westerly, along the North line of said Section 14,
880.00 feet to the intersection of the centerlines of SW Durham Road and SW 92nd Avenue; thence
Southerly, along the centerline of SW 92 Avenue 940.50 feet to the point of beginning.
EXCEPTING THEREFROM those portions lying within the boundaries of SW Durham Road and SW 92nd
Avenue.
ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street
purposes recorded January 17, 2008 as Fee No. 2008 004472.
PARCEL II:
A parcel of land located in Section 14, Township 2 South, Range 1 West of the Willamette Meridian, in
the City of Tigard, County of Washington and State of Oregon and being described as follows:
Beginning at the Northwest corner of that tract of land described in Deed Book 341, page 413, said point
being West 1760.0 feet and South 0°01' West 940.5 feet from a stone at the Northeast corner of said
Section 14;thence East, along the North line of said tract, 880.00 feet to the Northeast corner thereof,
said point also being on the West line of that tract described in Deed Book 585, page 210; thence
Southerly, along the West line of said Deed Book 585, page 210 and the Southerly extension thereof,
544.50 feet to the North line of WAVERLY ESTATES, a recorded subdivision; thence Westerly,along the
North line of said WAVERLY ESTATES subdivision, 880.00 feet to a point in the centerline of SW 92nd
Avenue; thence Northerly, along the centerline of SW 92nd Avenue, 544.50 feet to the point of
beginning.
EXCEPTING THEREFROM that portion lying within the boundaries of SW 92nd Avenue.
ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street
purposes recorded January 17, 2008 as Fee No. 2008 004472.
PARCEL III:
Beginning at the Northeast corner of Section 14,Township 2 South, Range 1 West, of the Willamette
Meridian, in the City of Tigard, County of Washington and State of Oregon; running thence West along
section line 53 1/3 rods; thence South 30 rods; thence East 53 1/3 rods to section line;thence North
along section line 30 rods to place of beginning.
EXCEPTING THEREFROM those portions lying within the boundaries of SW Durham Road or SW 85th
Avenue.
FiistAmerican Title
Lot Book Service Guarantee No.:7019-2931751
Page 5of5
ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street
purposes recorded June 07, 2007 as Fee No. 2007 063003.
AND ALSO, EXCEPTING THEREFROM that portion described on the Dedication Deed for road or street
purposes recorded January 17, 2008 as Fee No. 2008 004472.
PARCEL IV:
The West 260 feet of the following described tract of land situated in Section 14, Township 2 South,
Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of
Oregon:
Beginning at a point 30 rods South of the Northeast corner of said Section 14; thence West 53 1/3 rods;
thence South 36 rods; thence East 53 1/3 rods; thence North 36 rods to point of beginning.
PARCEL V:
The West 260 feet of the following described tract of land situated in Section 14, Township 2 South,
Range 1 West, of the Willamette Meridian, in the City of Tigard, County of Washington and State of
Oregon:
Beginning at a point 66 rods South of the Northeast corner of said Section 14; thence West 53 1/3 rods;
thence South 24 rods; thence East 53 1/3 rods; thence North 24 rods to point of beginning.
NOTE: This legal description was created prior to January 1, 2008.
FirstAmerican Title