2011-015954 Knoll Private Stormwater Facilities Agreement Washington County, Oregon 2011- 015954
02/23/2011 03:14:24 PM
D -AE Cnt.1 8tnm16 D HOFFMAN
RETURN RECORDED DOCUMENT TO:
$25.00 $6.00 $11.00 $16.00 - Total • $68.00
CITY HALL RECORDS DEPARTMENT,
CITY OF TIGARD
13125 SW Hall Blvd. I 111111 II 11 11 III II 11111 I III I I
Tigard, OR 97223 01678037201100168840060060
I, Richard Hobernicht, Director of Assessment and rt40.4 ,
Taxation and Ex- Officio County Clerk for Washington t.
County, Oregon, do hereby certify that the within r�r
l: '
Instrument of writing was received a d re orded in the
• book of records of said coin A Gam
.. ,
Richard Hobernicht, Director of Assessment and 0 Zr;-:y7,04
Taxation, Ex- Officio County Clerk
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this Q - day of b ruex ry 2011 , by and between the CITY OF TIGARD,
a municipal corporation of the State of Oregon (City) and THE KNOLL AT TIGARD APARTMENTS LIMITED
PARTNERSHIP, an Oregon limited partnership (Owner).
coo
•
RECITALS
A. Owner has developed or will develop the Facilities listed below.
Facility type Quantity
Contech Filter Manhole with 3 cartridges 1 each
Detention Facility 1 each (Pipe system of 170 LF 36 -inch pipe)
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 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) submitted by Owner and 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:
FIret American Tate Accommodation
Recarding Assumes LiabINY Page 1 of
a. Inspection: At least once a year, before the winter season. After major storm events, cartridges 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.
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 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.
Page 2 of 3
IN WITNESS WHEREOF, Owner and City have signed this Agreement.
CITY OF TIGA ; THE KNOLL AT TIGARD APARTMENTS LIMITED
PARTNERSHIP
1
By: _ . - '■ � By: THE KNOLL AT TIGARD, LLC, an Oregon limited liability
City r ager or Designee company, its general partner
By: Community Partners for Affordable Housing, an
Oregon not for profit corporation, its sole member
By:
l Sheila G law -Fink, its Executive Director
Address: Community Partners for Affordable Housing
6380 SW Capitol Highway #151
Portland, Oregon 97239
STATE OF OREGON )
County of Washington )
This instrument was acknowledged before me on 2. /q , 2011 by Sheila Greenlaw -Fink as Executive Director of
Community Partners for Affordable Housing, Sole Member of The Knoll At Tigard LLC, general partner of the Knoll at Tigard
Apartments Limited Partnership, on behalf of the Limited Partnership.
Not. ' Public
r 4 OFFICIAL SEAL 1
a KRISTIE J PEERMAN
"` _ NOTARY RtJ8LlC- OREGON
5 4
COMMISSION NO. 419242
STATE OF OREGON ) MY COMMISSION EXPIRES JULY 28, 2011
County of Washington )
This instrument was acknowledged before me on riot [ 0 Q 20 11 by CPA 6" PRO 5t
as (':I.. ik.4 AN ft 6 6IZ of the City of Tigard, a municipal corporation of the State of Oregon.
r ..--..._.---....._---..—....------.....-----------.....--,..--,,..--.....--....--,.....—,... 41 .4.t.i/111616.,
'; OFFICIAL SEAL Nota 0 Public
J BENGTSON I) = ;, y NOTARY PUBLIC- OREGON ( 'Oita
Gr ��is5idv� I s
t' • ∎, COMMISSION NO. 413772 r
Mfr COMMISSION WIRES APR. 21 / k f9 Z l.. Z7 z o 1 1
Page 3 of 3
EXHIBIT A
The Knoll at Tigard
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows:
LOTS 3, 4, AND 5 OF THE DULY RECORDED PLAT OF "KNOLL ACRES ", WASHINGTON COUNTY PLAT
RECORDS, EXCEPTING THOSE PORTIONS TAKEN FOR STREET PURPOSES, SITUATED IN THE
NORTHWEST ONE - QUARTER OF SECTION 1 AND THE NORTHEAST ONE - QUARTER OF SECTION 2,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, WILLAMETTE MERIDIAN, IN THE CITY OF TIGARD,
WASHINGTON COUNTY, OREGON, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND THE TRUE PLACE OF BEGINNING;
THENCE SOUTH 29 ° 01'00" WEST, ALONG THE SOUTHEAST LINE OF SAID LOT 5, A DISTANCE OF 149.08
FEET TO THE NORTHEASTERLY RIGHT -OF -WAY LINE OF SW HUNZIKER STREET (WIDTH VARIES,
BEING 37 FEET NORTHEASTERLY OF CENTERLINE); THENCE NORTH 61 ° 01'39" WEST, PARALLEL WITH
AND 37.00 FEET NORTHEAST OF THE CENTERLINE OF SW HUNZIKER STREET, AND ALONG SAID
NORTHEASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 55.91 FEET TO A POINT OF CURVE; THENCE
ALONG THE ARC OF A 26.00 FEET RADIUS TANGENT CURVE CONCAVE TO THE NORTHEAST THROUGH
A CENTRAL ANGLE OF 60 ° 16'39" (CHORD BEARS NORTH 30 ° 53'20" WEST, A DISTANCE OF 26.11
FEET) AN ARC DISTANCE OF 27.35 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY LINE OF SW
HALL BOULEVARD (WIDTH VARIES, BEING 50 FEET EASTERLY OF CENTERLINE); THENCE NORTH
0 ° 45'00" WEST, PARALLEL WITH AND 50.00 FEET EAST OF SAID CENTERLINE OF SW HALL
BOULEVARD, AND ALONG SAID EASTERLY RIGHT -OF -WAY LINE, A DISTANCE OF 255.81 FEET TO A
POINT OF CURVE; THENCE ALONG THE ARC OF A 26.00 FEET RADIUS TANGENT CURVE CONCAVE TO THE
SOUTHEAST, THROUGH A CENTRAL ANGLE OF 97 (CHORD BEARS NORTH 47 ° 54'27" EAST, A
DISTANCE OF 39.04 FEET) AN ARC DISTANCE OF 44.16 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE
OF SW KNOLL DRIVE (WIDTH VARIES, BEING 27.00 FEET SOUTHERLY OF CENTERLINE); THENCE
SOUTH 83 ° 26'05" EAST, PARALLEL WITH AND 27.00 FEET SOUTH OF SAID CENTERLINE OF SW
KNOLL DRIVE, AND ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 107.23 FEET TO
THE EAST LINE OF SAID LOT 3; THENCE SOUTH 00 ° 45'00" EAST, ALONG THE EAST LINE OF SAID LOTS 3
AND 4, A DISTANCE OF 188.84 FEET TO THE TRUE PLACE OF BEGINNING.
Exhibit A
Page 1 of 2
EXHIBIT A
The Knoll at Tigard
Location Map
Property
A, i v 157.2 .1 .1 (CS 27,844) I
K j 34.91
., • , , ,„\ 77
.O
/
. ` . � ]57.27 t 'S8 0e 85 75.
i VO -;,,
• / . / , 6 . ; . 4 4 *N \*
, , \ , 2 .......,. , .„ / ...v.
. \ , , , ,:,::::...::::... 4
0 • .: 3000 (CS 4,050)
0 1 cia : L se.o
• - o �: I��— 100 6
.�
•
2
A 0
00 G
K N 1000 • ` 3300 I '' .00
0 0
4
CO N .88 AC 156.0 ° 2 8 4 •0 a •
83 y
: „ , , 0 0 J " - 3200 1 ;;
6 a)
' ! 1 :.
: c O.
. � N : i
N W '
m;•' :. ' i
/ w
/ a 34' 35' N '
r /, 7 1100 r _,
\. o � � 0 r ���
r '$ e ` ' 6 S
, n � "� , o � 1y 1 1 7p �� `J28 \-1
9 5, : 78 9 , :`)12 0
v 7� , 1 1 , ;k 8 N 41 89.
% J y : tii 701 89 . 8AC ,Q' °•
, .� ,,�� y es . v ' 89- 1,2699 , 1 / r ' N
,\ : `48 . §' 2.64 + I , 1 1 1 y 04 .10 1800
• •
;t. (27.85) � I 1 3 i 9 a 5
Exhibit A
Page 2 of 2