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2023-034730 ~ 8803 SW Omara Street Washington County,Oregon 2023-034730 08/18/2023 01:35:54 PM D-AE Cnt=1 Stn=31 RECORDS1 RETURN RECORDED DOCUMENT TO: $60.00$5.00$11.00$60.00$20.00-Total=$156.00 CITY HALL RECORDS DEPARTMENT OF TIGARD 1111111111111111 CITY 13125 SW Hall Blvd. 02959876202300347300120125 Tigard, OR 97223 I,Joe Nelson,Director of Assessment and Taxation ';��,�^`'N and Ex-Officio County Clerk for Washington County, ,�f vG Oregon,do herebycertifythat the within instrument of ;., �..: x '"• '.2�� .���: writing was received and recorded in the book of ;1'?ts5i:+jt(j,.,g;';r;si:;� records of said county. + T ry Joe Nelson,Director of Assessment and Taxation,Ex- *c•s r Officio County Clerk Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 17th day of July, 2023,by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and Tigard Senior Housing Limited Partnership (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): Water Quality Manhole Quantity: 1 Size: 96" Canister Filter Quantity: 17 Size: 18" B. The Facilities enable development of property at 8803 SW Omara Street Tigard, Oregon 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. 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 Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 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. 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. Page 2—Private Storm water Facilities Agreement 50014-36792 6/2/17 NOTARIZE DOCUMENT BELOW ,I: ;•, OFFICIAL STAMPafrja/A9-tA .,: -*is KATHRYN FREEMAN NOTARY PUBLIC-OREGON K �;t; COMMISSION NO.1021879 MY COMMISSION EXPIRES MARCH 03,2026 X• VAI V E ��2Ec-co(- Title: STA 1L OF OREGON ) ) ss. County of C ARCA"P h S ) This instrument was acknowledged before me on d u LAI I 1 , 20 23 , by IRE t AaDeiZlo as It92V4itixeCUtt E D reauf of 14 b{Z7(4.41,1) .S� 1417010,1 6j RLTEk1?CI IJ A/4. &--6 NOTARY PUBLIC FOR ORE ON My Commission Expires: M kiec 14 03 20 262 CITY OF TIGARD By: A Joe Wisneiwski P.E.) Page 3 —Private Storm water Facilities Agreement 50014-36792 6/2/17 CES NW EXHIBIT'A' S.W. Omara Street Tax Map 2S102DB February 24,2022 Tax Lot 9600 A tract of land situated in the southeast one quarter of Section 2,Township 2 South, Range 1 West,Willamette Meridian,City of Tigard,Washington County,Oregon and being a portion of that tract of land described as Parcel 1 of Partition Plat 2020-014,Washington County plat records; being more particularly described as follows: Commencing at the most easterly southeast corner of said Parcel 1, said point falling on the north right-of-way of Southwest Omara Street; thence North 02°32'04" East, 158.52 feet along the east line of said Parcel 1;thence North 87°27'56"West,8.90 feet to the Point of Beginning;thence North 87°21'32"West,63.69 feet;thence North 42°24'54" West, 19.28 feet; thence North 02°31'37" East, 60.66 feet; thence North 87°27'47" West, 21.00 feet; thence North 02°31'45" East,22.28 feet;thence North 17°19'32"West,41.19 feet;thence South 72°14'33"West,45.30 feet;thence North 87°28'02" West, 88.00 feet;thence North 02°31'57" East, 16.50 feet; thence North 87°28'05" West, 4.00 feet; thence North 02°31'47" East, 20.00 feet; thence South 87°25'27" East, 3.08 feet; thence North 44°13'19" East, 22.73 feet;thence South 87°27'37" East, 62.50 feet;thence North 72°14'01" East, 76.13 feet;thence North 86°04'03" East, 29.28 feet; thence North 62°19'56" East, 22.86 feet; thence South 42°27'58" East, 4.02 feet; thence South 68°50'01" East,5.28 feet;thence South 87°27'57" East,28.33 feet;thence South 24°55'18" East, 21.01 feet,said point being 8.90 feet westerly from the easterly line of said Parcel 1; thence South 02°32'04" West parallel with the East line of said Parcel 1, 191.23 feet to the Point of Beginning. The basis of bearing is Partition Plat 2020-014,Washington County plat records.A bearing of North 02°32'04" East was held along the east line of Parcel 1 of said Partition Plat 2020-014. Contains 0.62 acres, more or less. Prepared by CESNW. REGISTERED PROFESSIONAL LAND SURVEYOR K- Lkj"-A. G.g\-, L. OREGON MAY 21,2013 PAUL ALLEN KOHN 58964PLS 1 RENEWS:6/30/23 Page 1 of 1 i 1 EXHIBIT 'B' PARCEL 1, PARTITION PLAT 2020-014 LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON ce m OOc� z,�N.., c)0074,?,0 'o?/11Ci I-- 01 + Z o X1.? eS Zin co U 0 0 Imi inim S68°50'01"E 80 40 0 80 5.28' N62°19'56"E 22.86' N86°04'03"E N44°13'19"E 29.28' S24°55'18"E 22.73' N °l�Ol�•E 21.01' S87°25'27"E S87°27'37"E �2 6,13' 10 3.08' 0 62.50' S42°27'58"E 8.90' NO2°31'47"E 4.02' '57"E -------N87°28'050"W 2°1Q,33'� 587°228 33 9 4.00' e 5� q5 3° DOCUMENT NUMBER NO2°31'57"0 r N17°19'32"W 2019-042494 16.50' N87°28'02"W 41.19' 88.00' S02°32'04"W NO2°31'45"E__,Je 191.23' 22.28' N87°27'56"W 8 PARCEL-1 N87°27'47"W 8.90' PARTITION PLAT 21.00' 2020-014 NO2°31'37"E iREGISTERED 7 8815 SW OMARA ST. 60.66' N87°21'32"W PROFESSIONAL TIGARD OR, 97223 N42°24'54"W 19.28' 63.69'1. LAND SURVEYOR ------ -5EPOINT OF BEGINNING 0- �-a `-- N Kec _Q j Pr- - 6 "' Ln OREGON -"' MAY 21, 2013 0 Ti- 5 PAUL ALLEN KOHN 5 DOCUMENT NUMBER M 58964PLS 2004-092852 0 N z RENEWS:6/30/23 POINT OF 4 COMMENCEMENT rill `" N S.W. OMARA ST._ 3 I I I io (C.R.567) l DATE CES N W Tigard13190 r5W,68thOregon 97223 Parkway,Suite 150 LEASE AREA 2/24/22 503.968.6655 www.cesnw.com PAGE 1 OF 1 p SITE PLAN PARCEL 1, PARTITION PLAT 2020-014 LOCATED IN THE SOUTHEAST ONE QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON IrJ OOCU 11/ �o�M°>o�&M Z ov I)8 eA, z� coU O I1 I y �� 80 40 0 80 I 53 1 m ; /8-7W" DTT 2 Z , I —I PEDESTRIAN —' '2 i i i 10 1 ��''EASE __n /. O • ppSTN • AREA ; F2 c • 9 ' �� o • _ _ — _0 — DOCUMENT NUMBER �; ' 2019-042494 SENIOR CENTE11111112 R r. �. •m 8 r _I�ARTI __F.I.. I. ' 08% Lam.., ■ — / REGISTERED 7 v 8815SWOMARAST. m \i00aitoa pp _ PROFESSIONAL TIGARD OR,97223 �� T L z • LAND SURVEYOR hc . 0 Q� - _o_g_,_, 6 >c` z F ii o =,- 1� r_ 0g 1 T MAY 21, 2013 z z I, o PAUL ALLEN KOHN 5 DOCUMENT NUMBERI m C 58964PLS z I 2004-092852 z y I o 0 RENEWS:6/30/25 m xi I zi m 4 . o IN S.W. OMARA ST.3 mimir o (C.R.567) ‘ MI - ___.... 4500 Kruse Way,Suite 250 DATE Lake Oswego,OR 97035 LEASE AREA AND 8/10/23 p.503.597.3222 l f.503.597.7655 Civil I Structural I Planning I Survey SITE PLAN PAGE An Engineering Services Company www.paceengrs.com 1 OF 1 Q' N .a C +--, q, (0 s-, E C o O U V a a) 0-1 CV O a, C E O o v L., a' A v F\ Aa C . (13 t/1 Co a, vi 'al = -C a' E J -0 -0 0 -0 T p a) a a, a, C a, L, C C C — c 0- 0- c a- a- "O 0 O- cl, a, cc CC ill K CU CC G _T L — _ — _ — — v i — 01 n6 - SD rb co ti 0 C ti 0 0 CU C O C C C C = C Y C. < Q< C C a a Q v >n C av v O a 0 oc 5 -aa= = � E a, — Q 0 0 = c -_ p a o o v1 c ti o C Cl.) 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''' '.1 '-a -1-- KN,,,,,,,,,.„ Y,N10,, I 1 I 1 ! i • = 1 I 1 a = I I I III t. • ---- ,i \\, ,„_..2, --) e, ,.._ Version 1.00a —November 17, 2008 2 I P FloGard® Perk Filter System 0 & M Manual FloGard®Perk Filter Systems- Radial Media Filtration Description/Basic Function The Perk Filter is a stormwater filtration device used to reduce pollutant loading in runoff from urban developments. Impervious surfaces and other urban and suburban landscapes generate a variety of contaminants that can enter stormwater, polluting downstream receiving waters. The Perk Filter captures and retains sediment, oils, metals and other target constituents close to the source and reduces the total discharge load. The Perk Filter cartridge is manufactured from durable polymeric components with a polymer-coated steel support screen and stainless steel hardware. Its base construction allows use with a wide variety of media chosen to address site-specific pollutants of concern. Perk Filters may be installed as a retrofit to suitable existing curb inlet,drop inlet, or combination catch basins, as an integral part of a coated steel-or concrete-housed stormwater inlet system for commercial, residential, and industrial developments, or as centralized modular treatment system installed either on- line or off-line. Prefiltration Systems constructed with a catch basin inlet are equipped with a FloGard®Plus Catch Basin Insert for pre-filtration. This insert captures gross pollutants such as trash, debris, hydrocarbons,and large sediment particles. Gravity Separation Some Perk Filter systems have an inlet bay wherein the initial stormwater flows are received.This is separated from the main treatment chamber by a baffle wall with weir assembly. Medium size sediment particles are retained in the inlet bay. A drain down assembly to eliminate standing water from the inlet bay area between storm events is included in standard configurations. Media Filtration Once the stormwater enters the treatment chamber, it will pass through the filtration cartridges containing the project-specified filter media as the water level rises in the chamber. Very fine pollutant particulates will be retained in the filter cartridges as the water flows through the media to an interior perforated pipe, dropping the treated stormwater into an outlet chamber below a false floor. Peak Flow Bypass Perk Filter systems are designed with a peak flow bypass to ensure the system will not back up and cause upstream flooding during extraordinary storm events. The bypass weir is an integral part of the baffle wall assembly in the inlet bay and allows peak flow stormwater directly to the outlet chamber. kANIIIMIL UM= • •LT Liarruw�rua " - ply ,i irM��i' nul,� KriStar Enterprises,Inc. 360 Sutton Place Santa Rosa,CA 95407 (800)579-8819 www.kristar.com 3 I F' - FloGard® Perk Filter System 0 &M Manual Maintenance Overview for FloGard®Perk Filter Systems State and Local regulations require that stormwater management systems be maintained and serviced on a recurring basis. The purpose of maintaining a clean and obstruction free Perk Filter system is to ensure the system performs the intended function of the primary design.Trash and debris,floatables, gross pollutants and sediment can build up in any stormwater system.This can cause the system to function improperly by impeding flow in and out of the system and reducing the operating efficiency of the media filters. Downstream and upstream, areas could run the risk of flooding and deleterious environmental impact. Recommended Frequency of Service It is recommended that FloGard®Perk Filter systems be serviced on a regularly occurring basis. Ultimately the frequency depends on the amount of runoff, pollutant loading, and interference from trash, debris and gross pollutants as well as proper maintenance of upstream pretreatment devices. However, it is recommended that each installation be inspected in accordance with the following guidelines: Level 1 Inspection Service—Six (6) months after unit is placed into service, or six (6) months after a Level 2 or Level 3 inspection. Level 2 Inspection Service- Six (6) months after a Level 2 inspection or twelve (12) months after a Level 3 service. Level 3 Service—As determined by findings from Level 2 inspection service reports indicating a media filter change or system repairs are required to maintain the operating efficiency of the system. Service Procedures Inlet Bay 1. The inlet manhole cover(s) and or grate(s) shall be removed and placed to one side. 2. For systems with a FloGard Plus Catch Basin Insert, the insert will be cleaned in accordance with the general specifications for maintenance of those devices. After cleaning the filter shall be removed and set aside. 3. Any debris will be removed from the inlet bay(s) and disposed of in accordance with local regulations. 4. Check and clean the area behind and under the inlet weir/bypass assembly. Remove assembly as necessary to conduct inspection. 5. Check drain down assembly and clean if necessary. 6. Re-install catch basin insert filter. 7. Re-install grate or manhole access cover. Cartridge Bay 1. Remove and place to one side the manhole access covers above the cartridge bay. 2. A Level 1 inspection service shall consist of a visual inspection from the surface level. Observe and note the condition of the cartridge bay and the cartridges, measure sediment level, if any, and note on maintenance record. Physical entry is not required unless the depth prevents the entire cartridge bay area from being observed. KriStar Enterprises,Inc. 360 Sutton Place Santa Rosa,CA 95407 (800)579-8819 www.kristar.com 4 I P i - FloGard® Perk Filter System 0 &M Manual 3. A Level 2 inspection service shall consist of a physical, confined-space entry into the cartridge bay. The filter cartridges and filter media shall be inspected for condition and filter media life,the sediment level, if any, measured, and any trash or debris removed and disposed of in accordance with local regulations. All information and recommendations shall be noted on the maintenance record. 4. A Level 3 service shall consist of a physical, confined-space entry into the cartridge bay. The filter cartridges shall be removed and replaced with re-charged exchange filter cartridges.As an option, the filter media may be removed of on-site, the cartridges cleaned, and replacement media be installed into the cartridges. All spent filter media shall be disposed of in accordance with local regulations. 5. Upon completion of inspection/service, re-install the manhole access cover(s). 6. The manhole cover(s) and/or grate(s) shall be replaced. Inspection/Maintenance Requirements Listed below are some recommendations for equipment and training for personnel to inspect and maintain a FloGard®Perk Filter system. Personnel— OSHA Confined Space Entry Training is a prerequisite for entrance into a system. In the state of California personnel should be CaIOSHA certified. Equipment— Record Taking (pen, paper,voice recorder) Proper Clothing (appropriate footwear, gloves, hardhat, safety glasses, etc.) Flashlight Tape Measure Measuring Stick Pry Bar Traffic Control (Flagging, barricades, signage, cones, etc.) First aid materials Debris and Contaminant collectors Debris and Contaminant containers Vacuum Truck Disposal of Gross Pollutants, Hydrocarbons, Sediment,and Filter Media The collected gross pollutants, hydrocarbons, sediment, and filter media shall be disposed of in accordance with local, state and/or federal agency requirements. KriStar Enterprises,Inc. 360 Sutton Place Santa Rosa,CA 95407 (800)579-8819 www.kristar.com