2016-015722 ~ Dartmouth Street ~ Costco Washington County,Oregon 2016-015722
Stn
AE
RETURN RECORDED DOCUMENT TO: Stn=24 C WHITE 0212912016 02:37:40 PM
CITY HALL RECORDS DEPARTMENT $20.00 511.00$5.00$20.00 $56.00
CITY OF TIGARD I,Richard Hobernicht,Director of Assessment and Taxation and Ex
Officio County Clerk for Washington County,Oregon,do hereby
13125 SW Hall� Blvd. certify that the within instrument of writing was received and
Tigard, OR 97223recorded in the book of records of said county.
Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 2-I day of PUmbef, 20 L,by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Costco Wholesale Corporation
(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) Contech I Cartridge Catchbasin Quantity
Facility type(list each)Contech 3 Cartridge Catchbasin Quantity 6
Facility type(list each)Contech 4 Cartridge Catchbasin Quantity
Facility type(list each)Compost Media Filter Vaults Quantity 2
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 stonnwater 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
stormwater system.
NOW,THEREFORE,it is agreed by and between the parties as follows:
l. 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.
Page I —Private Stormwater Facilities Agreement 50014.36792
2/912015
The O&M Plan for the water quality facilities 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:
a. Inspection: At least once a year,before the winter season.After major storm events,filters
shall be inspected for damage. Inspect the facilities 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(1)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.
Page 2—Private Stormwater Facilities Agreement 50014.36792
2/9/20!5
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.
NOTARIZE DOCUMENT BELOW
CITY OF TIGARD CORPORATE,LLC PARTNERSHIP,TRUST
OR OTHER LEGAL ENTITY SIGN BELOW
, -S,o ,,e
'1:6--1/ i) „,---277/'--1--6_,
City Manager or Designee Costco Wholesale Corporation (Entity
C trl erti(, l +'L name)
By:
(Sign here for entity)
ii
Vi' ��{ Title: enc- 417STATE OF )s ,�� 1a'r7I�� ' limi -5
) ss.
County of k....,,{'ti ) r`,,00No'r111ilil
This instrument was acknowledged before me on ,[ecL oll,(d'i Z I , 2014;by-S. �:ess"toi`# + e,4
pet,,;00..a.Uy /iLL v,r. as eGLllid- PC/ of City ofT :Is . j6'Gi£'67 18 4. 'G r 1.....:::
e
,L• A . ('L:,,,..,p-,---1 %,,T.A.,,,,7(1.2'9-+�$:=r+`0
NOT Y PUBLIC FO d LL. i 1'p '� ��y0,.
My Co mission Expires: /0 --2'r-- 1 ttiiitt"ASS�...
STATE OF OREGON )
) ss.
County of )
This instrument was acknowledged before me on ,2014,by
as of
NOTARY PUBLIC FOR OREGON
My Commission Expires:
Page 3—Private Stormwater Facilities Agreement 5007446792
2/312475
LEGAL DESCRIPTION-
A TRACT OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 36. TOWNSHIP 1 SOUTH, RANGE 1
WEST, WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY„ OREGON, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 1 OF THE PLAT OF "PALMER ACRES', WASHINGTON COUNTY
RECORDS, SAID POINT BEARS SOUTH 81'34'12" EAST, 1463.20 FEET AND NORTH 00'12'37" EAST, 2016.10
FEET FROM THE NORTHWEST CORNER OF THE WILLIAM GRAHAM D.L.C. NO. 39; THENCE ALONG THE
NORTHERLY LINE OF SAID LOT 1 NORTH 83'37'11" WEST, 277.69 FEET TO THE SOUTHEASTERLY
RIGHT-OF-WAY LINE OF S.W. PACIFIC HIGHWAY; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE
SOUTH 54'19'04' WEST, 504.30 FEET TO THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN DEED
DOCUMENT NUMBER 94027995, WASHINGTON COUNTY DEED RECORDS; THENCE ALONG SAID WESTERLY LINE
SOUTH 01'39'41 WEST, 849.91 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF BEAVERTON-TIGARD HIGHWAY
217; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 33'29'17" EAST, 102.44 FEET; THENCE
SOUTH 23'50'24" EAST, 507.17 FEET; THENCE SOUTH 33'29'17" EAST, 383.52 FEET TO THE SOUTH LINE OF
THE GEORGE RICHARDSON D.L.C. NO. 38; THENCE ALONG SAID SOUTH LINE SOUTH 81'34'12' EAST, 232.23
FEET TO THE SOUTHEAST CORNER OF AFOREMENTIONED PLAT OF 'PALMER ACRES"; THENCE ALONG THE
EASTERLY LINE OF SAID PLAT NORTH 00'12'37" EAST, 1045.90 FEET TO THE SOUTHERLY LINE OF THAT TRACT
OF LAND DESCRIBED AS PARCEL XX IN DEED DOCUMENT NUMBER 9427998, WASHINGTON COUNTY DEED
RECORDS; THENCE ALONG SAID SOUTHERLY LINE NORTH 40'01'23EAST, 43.78 FEET; THENCE NORTH
51'11'58' EAST, 33.47 FEET; THENCE NORTH 05'23'44' EAST, 34.15 FEET; THENCE SOUTH 87'55'36" EAST,
17.36 FEET; THENCE NORTH 19'20'47" EAST, 7.92 FEET; THENCE NORTH 62'26'36" EAST, 37.90 FEET TO THE
WESTERLY RIGHT-OF--WAY LINE OF S.W. DARTMOUTH STREET; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY
LINE, ALONG THE ARC OF A 547.00 FOOT RADIUS CURVE CONCAVE EASTERLY. THROUGH A CENTRAL ANGLE
OF 55'43'32' (THE LONG CHORD BEARS NORTH 08'03'43' WEST, 511.29 FEET), AN ARC DISTANCE OF 532.01
FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG THE ARC OF A 453.00 FOOT RADIUS CURVE
CONCAVE WESTERLY, THROUGH A CENTRAL ANGLE OF 47'00'50" (THE LONG CHORD BEARS NORTH 03'42'22'
WEST, 361.37 FEET), AN ARC DISTANCE OF 371.71 FEET TO A POINT OF TANGENCY; THENCE NORTH
27'12'47' WEST, 7.79 FEET TO THE NORTHERLY LINE OF A 16.50 FOOT WIDE ROADWAY; THENCE ALONG SAID
NORTHERLY LINE NORTH 83'37'11' WEST, 8.19 FEET; THENCE LEAVING SAID NORTHERLY LINE SOUTH 00'13'48"
WEST, 16.60 FEET TO THE POINT OF BEGINNING.
CONTAINS 27.292 ACRES, MORE OR LESS.
Job Number MES Scale: For:
Har+zonlol N/A Verlicol N/A EXHIBIT A
6324 °'°", MEs +01.11 Lie 18215 72NO AVENUE SOUTH PRIVATE FACILMES AGREEMENT
checked car m4' KENT, WA 48432
Shed( (425)251-6222 Title:
350 _ (425)251-8782 FAX 7850 SW DARTMOUTH ST
Approved L.J fl IVI .7
G� £wQ`0• CML ENGINEERING. N]LLANNING,
1l1 Dole
5 rk ap�ti SiRVr1NC. EFeeRQHmENrp, 5ERviCES TIGARD, OR 97223