2010-096734 Tualatin Valley Fire & Rescue Washington County, Oregon 2010- 096734
12/02/2010 09:39:19 AM
D -E Cnt ■1 Stne29 RECORDSI
$20.00 $5.00 $11.00 $18.00 - Total = $81.00
After Recording Return to:
City of Tigard
13125 SW Hall Boulevard I Milli I 1111 II III I I 11 11111 1111111
Tigard, OR 97223 01848479201000987340040047
I, Richard Hobernlcht, Director of Assessment and 3 eilmt !
Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within 1 ��
1 Instrument of writing was received a d re orded In the /''' ) II
book of records of said cou�,�
Richard Hobernicht, Director of Assessment and ' z 4
Taxation, Ex- Officio County Clerk
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 1 6 1 day of OCT C7 , 2010, by and between CITY OF
TIGARD, a municipal corporation of the State of Oregon (City), and TUALATIN VALLEY FIRE & RESCUE, a rural fire protection district of the
State of Oregon (Owner).
RECITALS
A. Owner has developed or will develop (select all applicable private stormwater facilities):
• Private Stormwater Detention or Retention Facilities
• Private Water Quality Treatment Facilities
❑ Low Impact Development Facilities
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 and shown in Exhibit A
(Property) attached hereto and incorporated by reference.
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 Services (CWS) 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) reviewed and approved by City during the development process.
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:
a. Inspection: At least once a year, before the winter season. After major storm events, filters should 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 should be replaced after a chemical or fuel spill, regardless of their age.
d. Sediment removal: Accumulated sediment found in stormwater treatment and conveyance systems must 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 and 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 at such uniformly applied rates as may be established by the City from time to time.
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.
7. FORCE AND EFFECT This Agreement has the same force and effect as any deed covenant running with the land and shall
benefit and 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 Washington County.
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.
CITY OF TI • ' D TUALATIN VALLEY FIRE & RESCUE
to
By: _ice _ _.ice BY. - - !�
City 0 - . ger or Designee Gary C. Was, Division Chief
Address: 20665 SW Blanton Street
Aloha, Oregon 97007
STATE OF OREGON )
)
County of Washington )
This instrument was acknowledged before me on O TO1' R 1 2010 by Ws-Ai & 1 RO5E g"
as C l'1 ( $AF4N A- 12—,_ of the City of Tigard, a municipal corporation of the State of Oregon.
J � A � •
NO TA RY 1 1. 1\1 otar blic
1 m .., coM �t - COM V ( oAi NV. L it Y
1 M COMMISSION �iAES
Mlssl �'R,
)cr L 21, 2011
STATE OF OREGON )
)
County of Washington )
VCirate I 69 i 03
This instrument was ackno, gd before me on , 2010 by
as D c 0 S ■ O C n;� of Tualatin Valley Fire & Rescue, a rural fire protect district of the State of
Oregon.
D . u /
Notary Public
•�;;!<, OFFICIAL SEAL
SHERRI D CAMARILLO
�' NOTARY IO PUBN N O - OREGON
" ' COMMISS .433982
MY COMMISSION EXPIRES NOVEMBER 27, 2012
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• EXHIBIT A
Tualatin Valley Fire and Rescue
Private Storm Water Facility Agreement
Legal Description
Parcel I:
The following described property situated in the City of Tigard, County of Washington and State of Oregon, to wit:
Lots 30, 31 and 32, FRUITLAND ACRES, except those portions of said Lots 30 and 31, conveyed by A.H. Tower and
Bertha Tower to Earl Oney and Marianne Oney on April 10, 1947, and recorded in Book 274, Page 353, Deed Records, of
Washington County, Oregon, on May 21, 1947 and more particularly described as follows:
__ Beginning at theintersection of the North line of Lot 30, FRUITLAND ACRES, with the East line of the County Road
along the West side of said FRUITLAND ACRES, according to the duly recorded map and plat thereof; thence South on
and along the East line of said county road 100 feet to a point on the West line of Lot 31, FRUITLAND ACRES; thence East
parallel with the North line of said Lot 30 a distance of 200 feet; thence North parallel with the East line of said county road to
the North line of said Lot 30 to a point 200 feet East of the point of beginning; thence West a distance of 200 feet East to the point of
beginning.
And also excepting a portion of Lots 30 and 31, FRUITLAND ACRES, in the County of Washington and State of Oregon,
more particularly described as follows:
Beginning at the Northeast comer of said Lot 30; thence West along the North line of said lot a distance of 225 feet to a point; thence
South parallel with the East line of said Lots 30 and 31 a distance of 100 feet to a point; thence East parallel with the said North line
225 feet to a point on the East line of said Lot 31; thence North along the East line of Lots 30 and 31 a distance of 100 feet to the
point of beginning.
And also excepting from said Lots 31 and 32 the following described property:
Beginning at a point on the South line of Section 36, Township 1 South, Range l West, of the Willamette Meridian at the
Southwest corner of Lot 32, FRUITLAND ACRES, a subdivision of record in Washington County, Oregon and running
thence, North 89 °38' East 200.00 feet along the South line of said Lot 32 to an iron rod; thence North 115.13 feet, parallel with
the West line of Lots 32 and 31, said FRUITLAND ACRES, to an iron pipe at the Southeast comer of that certain tract of
land conveyed by Deed to Earl Oney, et ux, and recorded in Book 274, Page 353, Washington County Deed Records; thence South
89 °38' West 200.00 feet along the South line of said Oney Tract to an iron rod at the Southwest comer thereof, a point on the West
line of Lot 31, said FRUITLAND ACRES; thence South along the West line of said Lot 31 and Lot 32, 115.13 feet to the
place of beginning.
Parcel II:
Beginning at the Northeast comer of said Lot 30; thence West along the North line of said lot a distance of 225 feet to a point; thence
South parallel with the East line of said Lots 30 and 31 a distance of 100 feet to a point; thence East parallel with the said
North line 225 feet to a point on the East line of said Lot 31; thence North along the East line of Lots 30 and 31 a distance
of 100 feet to the point of beginning.
EXCEPTING FROM PARCELS I AND II ABOVE those portions described in Dedication Deed Recorded
June 22, 2007 as Recorder's Fee No. 2007 - 069253, Washington County Deed Records.
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