Loading...
2021-125911 ~ 10181 SW Jefferson St Tigard, OR 97223 Washington County,Oregon 2021-125911 101RETURN RECORDED DOCUMENT TO: 12/07/2021 10:41.16 AM D-ACITY HALL RECORDS DEPARTMENT $40. Cnt0 Stn=31 Total =$116 $40,00$5.00$11,00$60,00-Total=$116,00 CITY OF TIGARD 1312.5 SW Hall Blvd. Tigard, OR 97223 02831059202101259110080087 I,Joe Nelson,Director of Assessment and Taxation �auR, and Ex-Officio County Clerk for Washington County, Oregon,do hereby certify that the within Instrument of writing was received and recorded In the book of i ""° records of said county. ,. f Joe Nelson,Director of Assessment end 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 w day of Peet 144 he& 2021, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Trung Tuyen N Vo (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 (list each): Rain Garden Quantity: 1 Size: 160 ft2 Facility type (list each): Quantity: Size: Facility type (list each): Quantity: Size: B. The Facilities enable development of property at 10181 SW Jefferson St. Tigard, OR 97223 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. 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. Page 4—Private Storm water Facilities Agreement 50014-36792 6/2/17 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 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. Page 4—Private Storm water Facilities Agreement 50014-36792 6/2/17 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 By: Title: ("(A)£4 STATE OF OREGON ) ) ss. County of V,,,; kvi r-y) This instrument was acknowledged before me on 17e_oei,vd2.ei,-- , 20 Z( ,by -r-gkikt i&yi J V C) as 064) of /0/W s&)JCFFE,ZSo1i $ 7Tly ©/2 '7223 o_ ��, OFi R;' .L STAMP NOTARY PUBLI . .R OREGON rR,'�j TANANY SUN SI VON PEOU My Commission E pires: 00- p 2-02- NOTARY PUBLIC-OREGON fi COMMISSION NO.1017673 MY COMMISSION EX.PIROCTOBER 6,2025 CITY OF TIGARD By: ��/ pre-r City Engineer) Page 4—Private Storm water Facilities Agreement 50014-36792 5/vn • Exhibit"A" Real property in the Situated in the Northeast Quarter of Section 35,Township 1 South, Range 1 West of the Willamette Meridian, in the City of Tigard, County of Washington and State of Oregon, and being a portion of Block 3, recorded plat of TOWN OF ME I LGER, and being described as follows: Beginning at a point in the West right of way line of SW Jefferson Street, said point being South 0'30'00' East, 150.00 feet from the Northeast corner of said Block 3: thence South 0'30'00 East on said West right of way line, 50.00 feet; thence South 89'30'00 West 115.00 feet; thence South 0'30'00 East 29.88 feet: thence South 89'30'00 West 110.00 feet to a point on the center line of vacated SW Madison Street; thence North 0'30'00 WEst on said center line. 94.00 feet; thence North 89'30'00 East 95.00 feet; thence South 0'30 East 15.00 feet; thence North 89'30'00 East 130.00 to the point of beginning County of, State of Oregon, described as follows: Tax Parcel Number: 1\ 1l 11II1\II III 1111M2 SW LOCUST STREET (Cf ? 3) �, *„ L"/ '4°' `2 AG 2J At 21 AG 4 W ry1 Std.&Propel{ + i►irk 1 14 1 SW3e� sc�€ T,Tigard{S97223 ' + ' ' ,} i1 ,w. 13 to m W TR'( 11°* t + 13 22 q T. 7 8 � �°'"p � a g X 00 ,>, ` ,I7AC ,. 1 .° so° tea"i t .. 34 AC 50, 50 so, 10 4 ...%\ ' 41 :152,s/ 27 2 � ' 11 40 1 ; 52 "-_ ,t'� L ?8.5 15E1.' cit 5 Flow-Through Planter Operation and Maintenance Plan Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes j ' inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer,Clean Water Services or City representative for more information. y▪ � Identified Problem Condition to Check for Maintenance Activity Maintenance Timing ✓ Task Complete Comments Sediment Accumulation in Sediment depth exceeds 3 inches Remove sediment from treatment Treatment Area area.Ensure planter is level from side to side and drains freely toward SUMMER Enu outlet:no standing water within 24 hours after any major storm(1-inch in Ideally in dry season 24 hours) Erosion Erosion or channelization that impacts Repair eroded areas and stabilized r' or effects the function of the facility or , using proper erosion control mea- creates a safety concern sures Establish appropriate vegetation `"« W"TER SPRING as needed Inspect after major storm ro (1-inch in 24 hours) ti D j Standing Water Standing water in the planter between Remove sediment or trash blockages. storms that does not drain freely. Grade out areas of mounding and ° I Water should drain after 24 hours of improve end to end grade so there is WINTER SPRING dry weather, no standing water. C.. o ( Flow Not Distributed Flow unevenly distributed through Level the spreader and clean so Evenly planter width due to uneven or that flows spread evenly over entire clogged flow spreader planter width WINTER SPRING Obstructed InleVOutlet Material such as vegetation,sediment, Remove blockages from facility trash is blocking more than 10%of +` the inleVoutlet pipe WINTER SPRING Inspect after major storm (1-inch in 24 hours) co Flow-Through Planter Operation and Maintenance Plan (continued) Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities,and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintenance Activity Maintenance Timing 6/ Task Complete Comments Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and to is and no bare areas large enough to correct the condition;replant with affect function of facility, plugs or containerized plants per ap- SPRING AU proved plans and applicable standards Ideal time to plant is spring and at time of construction.Remove ex- fall seasons cessive weeds and all invasive plants. ---- Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all r'D outlined in Appendix A Examples include:Himalayan Blackber invasive plants.Attempt to contra! 4ax ry;Reed Canary Grass;Teasel, even if complete eradication is not SPRING SUMMER FALL -9 English ivy,Nightshade,Clematis, feasible.Refer to Clean Water Services Cattail,Thistle Integrated Pest Management Plan for --5 appropriate control methods,includ- ing proper use of chemical treatment. 7.) ca_ Excessive Vegetation Vegetation grows so tall it competes Prune over-hanging limbs,if possible; with or shades approved emergent remove brushy vegetation as needed. SPR!Plr, wetland grass/shrubs;interferes with Prune emergent wetland grass/shrubs Ideal time to prune emergent access or becomes a fire danger that have become overgrown, wetland grass is spring Vector Control Evidence of rodents or water flowing Repair damage to facility. Remove As Needed through facility via rodent holes.Harm- harmful insects,call professional if ful insects such as wasps or hornets needed.Refer to Clean Water Services present Integrated Pest Management Plan for LT. management options. Flow-Through Planter Operation and Maintenance Plan (continued) Le4 Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes inspection and maintenance activities,and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for more information. Identified Problem Condition to Check for Maintena,ice Activity Maintenance Timing ! V Task Complete Comments Trash and Debris Visual evidence of trash,debris or Remove and dispose of trash and debris dumping. from facility.Dispose of properly SPRING SUMMER FALL WINTER Contamination and Evidence of oiL gasoline,contaminants, If contaminants or pollutants present, Pollution or other pollutants.Look for sheens, coordinate removal/cleanup with local odor or signs of contamination. jurisdiction. SPRING SUMMER FALL WINTER 3 T7-07 Outlet Structure Damaged Grate or overflow structure is missing Repair or replace outlet structure. As Needed or only partially in place and may -c7 have missing or broken grate members. 3 o rt Cl_ 0— C C 77' ‘,7