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Correspondence CITY OF TIGARD October 24, 2005 OREGON Gregory Kurahashi, PE Kurahashi & Associates, Inc. 15580 SW Jay Street, Suite 200 Beaverton, OR 97006 RE: Alternate Method — OAR 918 - 750 -0140 9314 SW Lehman, Tigard Oregon Permit # PLM2005 -00531 Dear Mr. Kurahashi, We are in receipt of your request for an alternate to the Oregon Plumbing Specialty Code, 2005 edition. In accordance with OAR 918 - 750 -0140 your request is approved. A common private storm drainage system with accompanying easements and maintenance agreements with all owners of the affected lots shall be executed and recorded prior to the completion of the improvements as outlined in your request dated October 12, 2005. This letter, as well as your request, will be maintained as a permanent record in our files. If you have any questions, please contact me at (503) 718 -2448. Respectfully, Gary Lampella Building Official c. Hap Watkins, Inspection Supervisor John Williams, Plumbing Inspector Mike Sheehan, Senior Inspector Kim McMillan, Development Review Engineer File 13125 SW Hall Blvd., Tigard, OR 97223 (503) 639 -4171 TDD (503) 684 -2772 _Oct,. 13. 2U05_12:15MM N 2176 P. 2 • 1 - PRIVATE ST ORM DRAINAGE EASEMENT i N V 2 ` `"" ' emu" 2005 - 113758 � '� MAINTENANCE AGRBEMEWL o� a2ane t o; i z AM .6 AND M D�At: �� >i�1e o How S3o.0a MOO SILO 511.00 • Tots/ • MSS s 111111111 11111 ' ^ ' i J. 1 .17580060089 i J.ey NNW, DIr•etrdmemneet Ind Testton end a o ru em Ceunga..r rxwutvnptmt C 17 dr il ha. m n.r a .rtNy NIM d,. rw .lun Ine . y' ; ; ;2' 41 wo nplv,d rind corded book of - 41 -= */ nconb d odd rrnotty. s �, ...y R. minim (b•.etor or N>1M.M •d 7UI Ig `�:Y: =;:.' Aft Recording Retu to aafe;ro Courtycl.ru Stcph= W. Perry and Lorinda C. Perry 9885 SW 92nd I Portland, OR 97223 I s ' THIS AGREEMENT is made by and between STEPHEN W. PERRY and LOR NDA C. PERRY (h ere fte r called Perry), and M. DALE RICHARDS and HEATHER M. ADAMS (hereinafter called R&A), and the parties hereby agree as follows: 1. PURPOSE OF AGREEMENT. The purpose of this Agreement is to grant by Perry and to provide for the construction and perpetual maintenance of a single private storm water drainage line by R&A and all figure owners of the parcels of b.!, property described in Section 2.c. of this Agreement. 0 'a 1 2. LEGAL DESCRIPTION OF PROPERTIES AND GRANT OF EASEMENT. 1 a. R&A hereby relinquish all of their right, title and interest in and to that certain easement g described in the deed recorded in Book 43 S, page 809, Records of Washington County, Oregon, and quitclaim to Perry all right, title, and interest in all real property of Perry. A including that property described in said Partition Plat 2003 -070, except as set forth herein, b. Perry grants and conveys to R&A a non-exclusive underground easement for a storm water A drainage line in, under and across the South 10 feet of Parcel 1 of Partition Plat 2003 -070 in z the City of Tigard, Washington County, Oregon. Said storm water drainage easement shall be non - exclusive and perpetual and shall benefit only the property described in Section 2.c. below, subject to the terms and provisions of this document. c. This easement shall benefit only the property of R&A, described in the deeds recorded March 13, 2003, as Washington County Document No. 2003037363 and Document No. 2003- 037365. As used in this Agreement, the words "owner" or "owner?' shall mean those who own any part of the property described in this Section 2.c. Private Storm Drainage Easement and Maintenance Agreement Page 1 of 5 Ud.13. 1005 12:15PM No. 2176 P. 3 Ili1111111111111111111111 r . 2005 - 115765 3. DURATION AND NATURE OF AGREEMENT. This Agreement shall continue in perpetuity. This Agreement is intended to and does attach to and run with the land affected herein. This Agreement is binding on the parties, their successors and assignees. 4. CONSTRUCTION OF IMPROVEMENTS. • a. R&A shall construct the private storm drainage line at their expense. The storm drainage line shall be designed and built to the standards of the State of Oregon Plumbing Specialty Code and the City of Tigard Private Storm Drainage Easement and Maiuteuauce Agreement standards. Prior to any work being done to construct, repair or maintain said storm drainage line, R&A shall provide Perry with the names, phone numbers and addresses of all contractors and a copy of all plans and appropriate permits. b. Perry may at their own expense, attach drain water lines to the line constructed by R&A for the benefit of Parcels I and 2' of said Partition Plat 2003 -070. • 5. OWNERSHIP. • R&A are the owners of the property described in Section 2.c. above. As R&A transfer each of the Parcels platted or divided from the property described in Section 2.c. to subsequent purchasers, each such purchaser shall acquire an undivided ownership interest in this easement. When R&A have conveyed all the lots on the pmperty described in Section 2_c of this Agreement to °there, R&A's ownership interest shall terminate. 6. . MAINTENANCE. • a. The owner of each lot or part of the property described in Section 2.c. shall be jointly and severally responsible for the maintenance ofthe storm drainage line and complying with the terms of this easement mentt Agreemnn!_ If, however, the act of one such owner, guest, invitee, licensee, contractor, or agent of an owner causes damage, that owner shall be responsible for the entire costs of the repair. The etonu drainage line shall be maintained to continuously comply with the State of Oregon Plumbing Specialty Code, and any other regulations made applicable in the future by any governmental body. Owners shall not allow any water from impervious areas to trespass or drain onto the property of Perry from the property described in Section 2.c., except through the storm drainage line. b. Perry shall not place upon or over the easement for storm drainage purposes, any improvement, planting (other than required trees) or other materials which would interfere with the maintenance or operation ofthe storm drain line. Landscaping having a root system which will not damage the pipes may be placed on the easerne nnt..R&A shall replace and restore landscaping on the property of Perry immediately after installation of the drainage time and after any maintenance work to restore Pcrry's property to its prior condition at R &A's expense. Private Storm Drainage Easement and Maintenance Agreement Page 2 of 5 C.ct.13. 2005 12:16PM No. 2176 P. 4 1111111 !11111111111111111111 2006- 113768 7. ADDITIONALLY CREATED LOTS In the event that any additional lots are created from the existing properties described in Section 2.c. as a result of legal divisions of lots within the partitions, the owners of the newly created lots shall possess an undivided interest in this storm drainage easement and shall be equally bound by this Agreement, 8. MAINTENANCE OBLIGATIONS AND ARBITRATION. a. - R&A, their successors and assignees as the owners of the storm drainage line shall confer from time - to - time regarding the performance of any required necessary maintenance under this Agreement. Each lot shall have one (1) vote. Where there is more than one (1) owner of a lot, each owner shall have a proportional share of one (1) vote. In the event of a disagreement concerning maintenance obligations and payment, the owners shall agree upon an arbitrator. If an arbitrator cannot be agreed upon, the presiding judge of the Circuit Court of Oregon for the County of Washington shall appoint an arbitrator. The decision of the arbitrator shs11 be binding on the owners and the fee of the arbitrator shall be borne equally by the owners. b. R&A and owners shall save, hold harmless and indemnify Perry from all claims in any way related to the storm water drainage for the property described in •Section, 2.c. above, c. Prior to starting the excavation for the installation of said drainage line, R.&A shall provide - Perry with a perfonraanco bond to insure that said line is properly constructed and Perry's property is restored to its original condition. Said bond must be approved by Perry prior to any work by R&A on Perry's property. The bond shall he a $5,000 cash bond deposited with Perry's attorney. 9. . NOTICE. • Any notice, demand or report required under this Agreement shall be sent to each owner in care of the street address of his parcel, or in the event the owner does not reside on the said property, in care of the current property tax notification address of the pruperty; provided, however, that an owl= eau change their , notification address by written notice to each other owner and to Perry. Any required notice or demand shall - be made by hand delivery or certified mail, and shall be deemed received on actual receipt or 48 hours after being mailed whichever first occurs. • , 10. TERMINATION. The owners may not amend, withdraw from or dissolve this Agreement without the written approval of Perry. Private Storm Drainage Easement and Maintenance ent Page e 3 of 5 g • Oc�t.13. 2005 12:16PM No. 2176 P. 5 I Ii1II111 IIII I1111I11RIlI • 11. ' DEFINITIONS. a. 'Maintenance means any work required to keep the improvement in compliance with all applicable governmental regulations and the terms of this Agreement including cleaning, repairs, reconstruction and replacement. b. Storm drainage line means single storm water line not to exceed 12" in diameter, buried at least two feet below the surface of the ground within the easement area. 12. CONSIDERATION . The consideration for granting said casement in terms of dollars is P1'VE THOUSAND FIVE HUNDRED DOLLARS ($5,500.00). Perry will sign this Agreement upon receipt of that amount and properly signed originals of this Agreement, the above- referenced bond, and the General Agreement from R&A. IN WITNESS WHEREOF, the parties hereto have executed this Private Storm Drainage Easement and Maintenance Agreement on this day of , 2005. PERRY: R&A; hen W. Perry M. Dale Ric-bards -� ILO A C kealti - • ada-/f•f' • •' da C. Perry Heather M. Adams STATE OF OREGON, ) ) ss• County of Wachiugton ) The above instrument was subscribed and sworn to before me thi 71 Clay of 2 b :,• , ., • :� : d Lorinda C. Perry. 1 ; PAMELA G DUVALL NOTARY PUBLIC -O COMMISSION NQ 3 i MY COMMISSION EXPIRES guns: 79, 9008 r r (I Notary Public for Oregon �`, My Commission Expires; Private Storm Drainage Easement and Maintenance Agreement Page 4 of 5 Oc 2005 12:16PM No. 2176 P. 6 . •' ' '' MINIM M1 �MUMMM1iii UM- 11 ., STATE OF OREGON, ) ) si. County of Washington ) d The above instrument was subscribed and sworn to before me this a day of t I 2005, by M. Dale Richards and Heather M. Adams. 14e0-4-i,12-.. Locti±..., . • Notary Public for Oregon i1 (�C]o � �- aFFlCll1E, SEAL My Commission Expirca; Fb • / �, a - -v • -� `11 . HEATHER WALTERS `' ;ice NOS A Y?Ue -. oAECON c, CO .i.'aISSION Llo NO 317S7`1 MYCOLCV'`: ;b :YPIRES FE6.16, 2006 • • Private Storm Drainage Easement and Maintenance Agreement Page 5 of 5 Oct. 13. 2005 12:16PM N 2176 P. 7 !I'II �� 1II'lII'llll'I ' f • 2006 - 11x769 • • • GENERAL AG a i a THIS AGREEMENT is entered into by and between STEPHEN W. PERRY and LORINDA C. PERRY (hereinafter called Perry), and M. DALE RICHARDS and HF.AT ER M. ADAMS (hereinafter called R&A), and the parties hereby agree as follows: I. The general purpose of this Agreement is to set forth the terms, conditions and agreements between the parties with respect to the development of the properties owned by R&A, described in Deeds recorded March 13, 2004, in Washington County documents numbered 2003 - 037363 and 2003 - 037365, as well as the property of Perry, described as parcels 1, 2, 3 of Partition Plat 2003 -070, in the City of Tigard, Washington County, Oregon. • 2. R&A agree to sign all documents necessary and appropriat to terminate of record the roadway easement for ingress and egress described as the South 10 feet of the East S5 feet of LEHMAN ACRE TRACTS, Washington County; Oregon, as that easement has long since been abandoned and Is no longer legally a valid easement. 3. Petty agrees to grant to R&A easement for a storm water drainage line under and across the South 10 feet of Parcel l { Partition Plat 2003 - 070, in the City of Tigard, Washington County, Oregon. A copy of the Private Storm Drainage Easement and Maintenance Agreement is attached hereto. 4. R&A agree that they will take all steps necessary to be certain that any house built on the property owned by R&A tbat is immediately adjacent to Parcel 1 of Partition Plat 2003 - 070, shall be pursuant to the plans provided by R&A and designated as Reversed Plan No. 2146J, Exhibit "A ". The performance bond referred to in the attached Agreement shall also secure performance of this Agreement and shall, be forfeited and paid to Perry if R&A violates any promises of this General Agreement, 5. In connection with Perry's grant of the storm drainage line easement as referred to herein, R&A agree to save, hold harmless, and indemnify Perry from all claims related to storm water drainage water from the property of R&A referred to above. 6. R&A agree not to change the elevation of their property at the common boundary line with the property owned by Perry described above, without the written consent of Perry, and shall slope the property of R&A within five feet of said common boundary at a constant angle of slope that is one foot below the grade of the property line at a distance of five feet from the common boundary line. 7. As part ofthe considerationforthis Agreement, R&A shall pay Perry $5,500.00 on execution of this Agreement. All documents are allowed to be recorded and referred to as being recorded shall be at the expense of R&A. • General Agreement Page 1 of 3