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2015-094431 ~ King Court ~ Graceland Subdivision - Flow Through Planter Lot 1 Washington County,Oregon 2015-094431 D-AE Stn=29 S PFEIFER 11/12/2015 08:54:01 AM $55.00$11.00$5.00$20.00 $91.00 I,Richard Hobernicht,Director of Assessment and Taxation 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 records of said county. Richard Hobernicht, Director of Assessment and Taxation,Ex-Officio RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT RECEIVED CITY OF TIGARD 13125 SW Hall Blvd. OCT 13 2015 Tigard, OR 97223 CITY OF TIGARD PLANNINCIENGINEERJNG Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this f 3 day of ()do 62l ,2015, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Pacific Evergreen Homes, LLC (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). M 0 Facility type (list each) Flow Through Planter Quantity 1 (a 159 SF B. The Facilities enable development of property while mitigating the impacts of additional surface < water and pollutants associated with stormwater runoff prior to discharge from the property to the public stormwater system. The consideration for this Agreement is connection to the public stormwater 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. Lot 1, Graceland Subdivision, City of Tigard, Washington County, State of Oregon 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 stormwater system. NOW, THEREFORE, it is agreed by and between the parties as follows: 1. OWNER RESPONSIBILITIES Owner shall operate and maintain each Facility in accordance with an Operations and Maintenance Plan(O&M Plan) submitted by Owner and reviewed and approved by City during the development process (Exhibit B). The O&M Plan for the water quality manhole shall be in accordance with the manufacturer's recommendations for O&M. At a minimum,the following procedures that use common equipment and existing maintenance protocols are required: Page 1 —Private Stormwater Facilities Agreement 50014-36792 2/9/2015 a. Inspection: At least once a year,before the winter season. After major storm events, filters shall be inspected for damage. Inspect the manhole interior to determine the need for maintenance. b. Maintenance: Frequency may be adjusted in response to monitoring information from regular inspections. c. Cartridge replacement: Replace cartridges as needed per the maintenance checklist,or every 3 years if no checklist problems exist. All cartridges shall be replaced after a chemical or fuel spill,regardless of their age. d. Sediment removal: Accumulated sediment found in stormwater treatment and conveyance systems shall be handled and disposed of in accordance with regulatory protocols. Owner agrees to operate, inspect and maintain each Facility in accordance with the O&M Plan. Owner shall maintain a log of inspection activities. The log shall be available to City upon request or 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 thirty(30)days after Owner's inspection or City notice, 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 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. Page 2—Private Stormwater Facilities Agreement 50014-36792 2/9/2015 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 CITY OF TIGARD CORPORATE, LLC PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW By: JO 7 " Pacific Evergreen Homes, LLC City Manager or Designee (Entity m a e) By: w, A. . . - L.•_t f IF (Sign here for entity) Title: Chief Operating Officer STATE OF OREGON ) ) ss. County of N/005 N1■ 10y113 n ) This instrument was acknowledged before me on DC b, 1 q , 2015, by 1.0( 50XYN0, as (PA9rP5rx-k-Ok\ , of City of Tigard. gazl OFFICIAL STAMP BETSY GALICIA NOTARY PUBLIC-OREGON - COMMISSION NO.925741 Iarv111♦ G,n Q , p MY COMMISSION EXPIRES MARCH 09,2018 ���' NOTARY PUB IC FOR OREGON My Commission Expires:`. i R \ 1 STATE OF OREGON ) ) ss. County of C (A[-kacnto ) 1 This instrument was acknowledged before me on Cc. ke.�' 1'J , 2015, by Harlan S. Borow as Chief Operating Officer of Pacific Evergreen Homes, LLC OFFICIAL SEAL � C��-R--� .a JAMIE LEE WYLAND ,/-1:''''' ii.: ; ->r NOTARY PUBLIC-OREGON � 1/ COMMISSION N0. 8189 NO Y PUBLIC FOR OREGON 0 MY COMMISSION EXPIRES MAY 08,2011 Commission Expires: <-5-1 S5 111 Page 3 —Private Stormwater Facilities Agreement 50014-36792 2/92015 EXHIBIT A ao _ 7woos 3 ..L....— t \ - --- —T § �94 III r i , , z AD 1 1 1 I II 1 1 �i N Hi I a -------�------— '2I Q ' I--- I h PIZ Ig IF I IP 1w tt � — a 1 I z A it 1 y- a •1 La ma /� 14 ZOVAX / cn i ...g I/ \r M pp,gL,K+N L : I x® . i 1 1 I. 1 I� , ,R 1 'e- 3 N I Iti 1 Z vL —M r{SLc N 1 I'1r � I� RI a '- al I °n 1 �p F. 1 '� hI 1 ,� �� - G1 .Sg f D,1 ..H" D N I �� I 4 18 W I ' ____1 1 __ , „, E 19 — ___ _ _ _ _______ __________,,,.. _.______ ____ �1 _ _ _„ _ ___ __. • I ,,i 3 x -. b -. _A PPLT Ot5AGNED 1 w �., n>,mu GRACELAND FOR: PROM EVERGREEN MALES 4 DRAwrI z 6-LOT SUBDIVISION J10$1M OEESON ROAD.4133 '■ENGINEERS 4 i _ 4 I1SN a N0232 PORTLAND OREGON 9]123 i i=∎ _ REVIEWED , E„Ymemng GMT B SITE TAN IMP 1St 0]RD b nrm,ng of 13 f SURMITTAL 6 TA LOT lld2 - 1� PRELIMINARY PLAT arrallcwD.OREGON edam, rin,1.[S.E 13.20,5-9:59a, P:\X01!1\I.VWq\8\MG31114-PPlls y • EXHIBIT B OPERATION AND MAINTENANCE PLAN Lot 1, Graceland Subdivision,Tigard, Oregon Private Stormwater Treatment Systems October, 2015 Prepared By: Gregory M.Thiel, P.E. NW Engineers LLC Hillsboro, OR 97124 503-601-4401 gregt@nw-eng.com Property Owner: Pacific Evergreen Homes/Future Homeowner Legal Description: Lot 1, Graceland Subdivision, City of Tigard, Washington County, State of Oregon Site 0 & M Responsible Party The flow through planter on Lot 1 is to be maintained by the property owner. This can be easily maintained based on the information contained in this plan. Onsite Stormwater System Description The runoff from the roofs and driveways will drain by gravity to the flow through planter located on the lot as shown on the attached exhibit. The stormwater will be treated in the growing media at the surface of the planter as it soaks through it. The stormwater then will be discharged to the storm sewer system through the storm sewer lateral serving the lot. Any overflow from the planter would flow over the planter wall and onto the surrounding lawn areas. This is not expected to occur except possibly in extreme rainfall events and even then is not to be a concern on this local street. FACILITIES DESCRIPTION TABLE Facility Name Type Size Area IA Managed Facility Discharge Point (sf) Managed (sf) Base Flow Through Planter 159 Roof and 2640 None Storm sewer Planter driveway INSPECTION/MAINTENANCE SCHEDULE The property owner must inspect and maintain each part of the system annually as detailed in the attached checklists. The property owner must keep work orders, invoices and receipts on file to provide upon City request, documentation of compliance with this site-specific O&M Plan. Best Management Practices (BMPs) prevent pollutants from mixing with stormwater. Typical nonstructural control measures include raking and removing leaves, and limited and controlled application of pesticides, herbicides, and fertilizers. O&M Plan Page 1 Spill prevention measures shall be exercised when handling substances that can contaminate stormwater. Virtually all sites, including residential and commercial, present dangers from spills. It is important to exercise caution when handling substances that can contaminate stormwater. Activities that pose the chance of hazardous material spills shall not take place near collection facilities. • The proper authority and the property owner shall be contacted immediately if a spill is observed. • A spill kit shall be kept near spill-prone operations and refreshed annually. • Releases of pollutants shall be corrected within 12 hours. Insects and Rodents shall not be harbored in any part of the storm system. • Pest control measures shall be taken when insects/rodents are found to be present. Standing water and food sources shall be prevented. • If sprays are considered, a mosquito larvicide such as Bacillus thurendensis or Altoside formulations can be applied only if absolutely necessary and shall not be used where it will enter groundwater or come into contact with any standing water. Sprays shall be applied only by licensed individuals or contractors. • Holes in the ground located in and around the storm system shall be filled. • Outfalls draining into vegetated swales shall be inspected and cleaned regularly to ensure no rodent activity, which can clog or decrease the efficiency of the storm system. Access shall be maintained for all facilities so O&M can be performed as regularly scheduled. SAMPLE ONSITE STORMWATER SYSTEM INSPECTION AND MAINTENANCE LOG Inspection Log— Record the date and the personnel who conducted the site inspection. Record the infiltration rate if greater than 48 hours, a description of any and all spills and vector issues, sediment&oil depth, the percentage of vegetation coverage (desirable and undesirable), and the condition of the system components every quarter for the first 2 years of operation and twice a year after a major storm event thereafter. Infiltration/Flow Control -All facilities shall drain within 48 hours.Time/date, weather, and site conditions when ponding occurs shall be recorded. Pollution Prevention -All sites shall implement BMPs to prevent hazardous wastes, litter, or excessive oil and sediment from contaminating stormwater. Contact City for assistance with responding to spills. Record time/date,weather, and site conditions if site activities are found to contaminate stormwater. Vectors (mosquitoes and rodents)-Stormwater facilities shall not harbor mosquito larvae or rats that pose a threat to public health or that undermine the facility structure. Monitor standing water for small wiggling sticks perpendicular to the water's surface. Note holes/burrows in and around facilities. Record time/date,weather, and site conditions when vector activity is observed. Depth of Sediment&Oil—Take and record measurement at catch basins, conveyance systems, inlets, outlets and within the facility itself. Percent Vegetation Coverage—Record percent cover of desirable, dead, and invasive vegetation. Condition of Structural Components—Record type and size of missing or broken components (i.e., width of cracks and/or extent of settling). Maintenance: Record date, description, and contractor(if applicable)for all structural repairs, landscape maintenance, and facility cleanout activities. O&M Plan Page 2 SAMPLE MAINTENANCE LOG Date: 10/1/07 Initial: BJK Work performed by: AAA Landscaper under 3 year contract. Work performed by: Replanted rain garden with sedges and rushes. Work Area or specific stormwater facility: Details: *Work order on file and available upon request. 3.4 O&M ENFORCEMENT The City has the right to ensure site compliance with the recorded O&M Form and Plan filed with City of Tigard. The Enforcement section of City Code authorizes the City the right of entry to the property for inspections of the facility, the ability to issue a code violation, and the ability to take enforcement actions and levy civil penalties. In general, City inspectors will strive to work with site owners and operators to ensure proper facility O&M. If technical assistance still does not yield tangible O&M improvements, however,the City may take enforcement action. City staff inspects sites to verify that the property owner is properly operating and maintaining stormwater management facilities. Upon completion of an inspection,the inspector provides a report addressed to the property owner and/or site contact that outlines any required corrective action, deadline to correct and City notification (if needed). 3.5 O&M REVISIONS Stormwater system or individual stormwater management facility modifications subject to City review and approval include changes to the point of discharge, source of runoff, structural or vegetated components. Property owners and operators must consult with the City to determine if a permit and/or new O&M Plan is required prior to making onsite stormwater system or stormwater management facility modifications. The City may require property owners to record a new O&M Form if the O&M Form on file with the City is inaccurate or otherwise insufficient. Insufficiencies include but are not limited to not fully describing the onsite stormwater system and not clearly identifying all responsible parties for O&M. The property owner must submit a draft O&M Plan to the City and receive approval prior to recording it with the County. A final recorded O&M Plan must be filed with the City. Additionally,when applicable, updates to O&M Plans must meet City approval and approved plans must be filed with the City. The City may require property owners to record updated O&M Plans, site maps, or facility details with the County and submit a recorded copy to the City. O&M Plan Page 3 y Cr W w MI W e STORM DRAIN LATERAL INFORMATION , / • �I i n LATE.w,RIN . ` / i •bLE . � / *■lig DPW 00.71.00•11•00. : : %k'44...i........,_.___ . \. . St. R IEaL a NBrc a BILL 1 i�i 'i'• 1lewYrs 1 ' T I ___ wa• EI ,� , $'° ,g?6 IS . Owm.RR tlW[ w u lul� a6rtp • .. I f EAWEY fR URlNA , HOF itiiiWM NNW,tlAP[IY11110W ._...r. MW W'• Rm WSMU Rm1 � ..... rE `..... � NOTES: • _ IN >.i [w 40 i' , CC O NN• • Molt MN-E•�Atun lOwN OMAN b! y•T.S '\�` I 1'Nee • • • /=► Z W•LOT/_L_ > �mwr�Al,Ela :NM,u WIN TIER .1�v '■� .. E=11 I o a r�/I DOR SIZE(SE)air. w m NANO Tina wee E ONNN EY[ CA a PLANTS 3f4T a nw mew No wma.o wan. (n = T1PE OF PLANTS-- b�..�Air ti ; 0 n CC ss�Qp(�Pq_._�___r� _ • �aw,,e,"°'EOnm°,°'°wY:.w --.- _ I Z m K O ang.MRS BY47'7�FAl2___• NOONANoNI wwERtl� N ? z CNI LaJ o OD O IC e.zo e.30 - E: 1 LD LAS z l` a LOT 1 ::E: ,PLANTER CROSS SECTION �WERHOUS AEA-MOA NCMZMiAL SLNE:1'•10' AfR11CAL SC E: I -Z1 I E Et CLOG PROTECTION 7 O A `J W CONTRACTOR TO ruREATE AN R MAVEN CLOG I .ypSJ NMESHA SCREEN OAT Of IG4WOE S?GAINANWED O 1 CONCRETE PAO MESA ARONNO MN PAW NN.MN TO ESTENOA �� — YM\ MNMI I Of E MOW THE PLANTER OWN AND AT I • LEAST 1•ABOVE ME OIENEIDIN L J e • 'N, 8UB4CI 10 CNANOE BAND ON NIIB, S li.O1a:.iA1.0�i , •T O: l:�10.1 OSM ELOOR NOUSE ELEVATIONS. I CRTNE0 RODE /�j/\%/ % / /\ /\\\/ _ ..rvim•,wur-1 B'ROE MEN.BRAES./ %/////// w.A __— D 9Z'S4+4 �j/ Y' a NE I PRIVATE INFILTRATION PLANTER — PLAN l$ l i z 1 u c / j/\ \/ </\/\ \/\/\r © wEmRr AEC r.w USE INEMIn iRENCN cam StSTEM i9i�� \/\\\Y\\ \\\\\\� a''�,-,.AI•:. : Eawv TENT As Rsanovm ar me ••••/V / / /V///,,/ INSIDE PLANTER DIMENSIONS E""E CENCAEIE TO BE 3.000 R9,STANDARD ,\\•\ A,//\\//'' SOUL r.IV ,.y.�\--`,f,. CpWERON.wR AS APPROVED BT TIE OO TRENCH DRAIN DETAIL ^�•. ' el NOT TO SCALE V T . V� aN.wm, TUTlsu�LE.i NAB-00 . F ,, 1 • • Infiltration Planter—Rain Garden Checklist • Annual inspections are required.This checklist describes inspection activities,and notes additional recommended inspections.Contact the design engineer, Clean Water Services or City representative for more information. Recommended. in addition to required System Preferred Conditions and annual inspection Feature Problem Conditions to Check for Maintenance Practices Monthly rrITMETEPO General Invasive Vegetation No invasive vegetation is planted or permitted to No invasive vegetation;Remove excessive weeds.Attempt to as outlined in Ch.4 remain,inducing but not united to:Himalayan control even if complete eradication is not feasible.Refer to Annually Required D&C Standards Blackberry;Reed Canary Gass;Teasel;English Ivy; Clean Water Services integrated pest management guidance Nightshade;Clematis;Cattail;Thistle;Scotch Broom documents. Monthly from November General Vegetation lkgetabon blocking more than 10%of the inlet pipe No vegetation blocking inlet pipe opening through April wing Annually Required Monthly and after any major General Trash and Debris Visual evidence of trash.debris or dumping Trash and debris removed torn facility storm(1-inch In 24 horns) Annie*Required Monthly from November General Contaminants and Evidence of oil,gasoline,contaminants or other poi- No contaminants or pollutants present;coordinate removatf through AprIl and alter any Polution 'Wants cleanup with local i riadktion mrrforstorm(use 1-Inch in 24 hours as a guideline) Annually Required Monthly from November General Erosion Eroded damage more than 2 inches through April mid alter any of damage is still present or there is post ntialfarr Area � erosion control measures major storm(1-inch h 24 continued erosion hours) Annually Required Monthy and alter any major General Obstructed chat/ Inlet/outlet areas clogged with sedinent,vegetation Unobstructed inlet/outlet material and blockages removed storm(1-Inch in 24 hours) Outlet or debris Annually Required aea"Ve TMces July 2009 Low Impact Development Appror 3 Handbook • Infiltration Planter—Rain Garden Checklist (continued) Annual inspections are required.This checklist describes inspection activities, and notes additional recommended inspections.Contact the design engineer, Clean Water Services or City representative for more information. Recommended in addition to required System Preferred Conditions and J annual inspection Feature Problem Conditions to Check for Maintenance Practices Monthly General Rodents Evidence of rodents or Hater piling through facility via No rodents:facility repaired. Refer to Clean Water Services R ` rodent holes integrated pest management guidance documents. Annually Required Annually Required General Insects Insects such as was and hornets interfere with Harmful insects removed maintenance activities Monthy from November Storage Area Sediment or Water pondng after rainfall ceases and infittation No standing water 24 hours after major stern(1-inch In 24 through Apnl standing water lime has passed,or testing indicates facility is v.orinng hours);sediment is removed and facility works according to at 90%or less of design capability.sedment depth design Annually Required weeds 2 inches Monthly from November Rock Fibers Sediment and By visual inspection,little or no water flows through Gravel in rock Mks is replaced through April and after any Debris fiber during heavy rain storms major storm(1-inch in 24 hours) Annually Required Monthly during growing General vegetation Specified or approved grass grows so tan that it corn- Sling tin grass to 4'to 8"and removeclippings:take care season petes with shrubs or becomes a fire danger. not to girdle the bark of gees and shrubs.(Note:except emergent d grasses in the treatment area of low mints- Annually Required nonce nt Cleanvt eeriservices July 2009 Low impact Development Approaches Handbook