2015-094433 ~ King Court ~ Graceland Subdivision - Flow Through Planter Lot 4 •
Washington County,Oregon 2015-094433
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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
PLANNING/ENGINEERING
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 13 day ()C
y of 66--P,, 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).
0 Facility type(list each) Flow Through Planter Quantity 1 @ 160 SF
B. The Facilities enable development of property while mitigating the impacts of additional surface
z 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.
W C. The property benefited by the Facilities and subject to the obligation of this Agreement is
Qdescribed below or in Exhibit A(Property) attached hereto and incorporated by reference.
CC I-
07 Lot 4, Graceland Subdivision, City of Tigard, Washington County, State of Oregon
LL
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 5001436792
2/9t2015
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-w92
29!X115
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: 091,• -0 Pacific Evergreen Homes, LLC
City anager or Designee (Entit n. e)
By: ►P iAgla`'ia.
(Sign here for entity)
Title: Chief Operating Officer
STATE OF OREGON )
) ss.
County of\JQ.Sh i t 1 ,1 )
This instrument was acknowledged before me on 0e--pia-tom 14 , 2015, by
Lf; Faho as (ej rEs-erl- afive, of City of Tigard.
�. ��C.r- OFFICIAL STAMP
5-eBETSY GALICIA
y NOTARY PUBLIC-OREGON I
COMMISSION NO,925741 tall ∎ G._ \�_
MY COMMISSION EXPIRES MARCH 09,2018 NOTARY PPUBLI FOR O GO N
My Commission Expires: g ict ) L
STATE OF OREGON )
) ss.
County of ciC.0 kn S )
This instrument was acknowledged before me on CyAr C( sj , , 2015, by
Harlan S. Borow as Chief Operating Officer of Pacific Evergreen Homes, LLC
., OFFICIAL SEAL
:.:;: ,.:,� JAMIE LEE WYLAND "��"
V a " NOTARY PUBLIC-OREGON
N.„_Fl COMMISSION NO.478169 or•.. PUBLIC FOR OREGON
MY COMMISSION EXPIRES MAY 08,2017 ommission Expires: 6 I 1
Page 3 —Private Stormwater Facilities Agreement 50014-36792
2/9/2015
EXHIBIT A
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EXHIBIT B
OPERATION AND MAINTENANCE PLAN
Lot 4, 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 4, Graceland Subdivision, City of Tigard, Washington County, State of Oregon
Site 0& M Responsible Party
The flow through planter on Lot 4 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 160 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
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Infiltration Planter—Rain Garden Checklis ,7 �;� : �
Annual Inspections are required.Ills cheddist describes inspection activities,and notes additional recommended inspections. Contact the design engineer,
Can Water Services or City representative for more information.
E Recommended. in
addition to required System Preferred Conditions and
annual inspection Feature Problem Conditions to Check for Maintenance Practices
r
ly General Invasive Vegetation No invasive vegetation is planted or permitted to No invasive vegetisga%Flelrt&t:excessive vwedr:Attempt to
as outiinedin Ch.4 nenhain.including but not limited to Himalayan control even if compldlelecation is not feasible.Refer to
Annually Required D&C Standards Blackberry,Reed Canary Grass,Teasel,English Ivy, Clean Water Services integrated pest management guidance
,, , Nightshade,Clematis,Cattail.Thistle,Scotch Broom documents
iv
Monthly from November General Vegetation Vegetation blocking more than 10%of the inlet pipe No vegetation blocking inlet pipe opening
through Apdl oPening
Annually Required
IMonthly and alter any major General Trash and Debris Visual evidence of trash,debris or diming Trash and debris removed iron facility
storm(1-inch in 24 hours)
Annually Required
Monthly from November General Contaminants and Evidence of oil,gasoline,contaminants or other pol- No contaminants or pollutants present coordinate removal/
through April and alter any Pollution lutants cleanup with local jurisdiction
major storm(use 1-Inch in 24
hours as a guldefne)
Annually Required
IMonthly from November General Erosion Eroded damage more than 2 inches deep if cause Area stabilized using appropriate erosion control measures
through April and after any of damage is still present or there is potential for
major storm(1-inch in 24 continued erosion
hours)
Annually Required
Monthly and after anym�tor General Obstructed Inlet/ Inlet/outlet areas clogged with sediment.vegetation Unobstuded Inlet/outlet;material and blockages removed
storm(1-Inch in 24 hours) Outlet or debris
Annually Required
-",r
CkanWate ---- - - -----
TviCeS July 2009 Low Impact Development Approi ;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
i annual inspection Feature Problem Conditions to Check for Maintenance Practices
Mouthy General Rodents Evidence of rodents or water piping through facility via No rodents,facility repaired. Refer to Clean Water Services
rodent holes integrated oast management guidance documents.
Annually Required
Annually Required General Insects Insects such as wasps and hornets interfere with Harmful insects removed
maintenance activities
Monthly from November Storage Area Sedknent or Water ponding after rainfall ceases and infiltration No standing water 24 hours after maior storm(1-inch in 24
through April dancing water time has passed,or testing indicates facility is working hours),sediment is removed and facility works according to
at 9096 or less of design capability sediment depth design
Annually Required exceeds 2 inches
Monthly from November Rock Fifers Sediment and By visual inspection,little or no water flows through Gravel in rock filter is replaced
through April and alter any Debris fitter during heavy rain storms
major storm(1-inch in 24
hours)
Annually Required
Monthly during growing General Vegetaton Specified or approved grass grows so tall that it COM- String trim grass to 4"to 6"and remove clippings;take care
season pates with shrubs or becomes a fire danger. not to girdle the bark of trees and shrubs.(Note except
emergent wetland grasses in the treatment area of low mainte-
Annually Required nonce facilities)
co
CleanWab;ZServices July 2009 Low Impact Development Approaches Handbook