2012-017629 - Pacific Highway - Maverick Decauter f -•
Washington County, Oregon 2012-017629
03/09/2012 10:02:56 AM
D - IPPS Cnt =1 Stn =21 RECORDS1
$25,00 $5.00 $11,00 $15.00 - Total = $56.00
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT, IIII II 111111 III 1111 1101 I III I I
CITY OF TIGARD
13125 SW Hall Blvd. 01682685201200176290050056
Tigard, OR 97223 I, Richard Hobernlcht, Director of Assessment and gG7:n4,
Taxation and Ex- Officio County Clerk for Washington
County, Oregon, do hereby certify that the within h w ;4
Instrument of writing was received a d re orded In the .,+ «:. .
book of records of said couu �tA
Richard Hobernlcht, Director of Assessment and ,�,. •
Taxation, Ex- Officio County Clerk
File No. SDR2010 -00003
PRIVATE STORMWATER FACILITY
AGREEMENT
This Agreement is made and entered into this 1 day of 2012, by and between the CITY OF TIGARD, a
municipal corporation of the State of Oregon (City) and MAVERICK DECATUR GEORGIA LLC & EJM PROPERTIES, INC.,
California corporations (Owners).
NAMES AND ADDRESSES:
City of Tigard Maverick Decatur Georgia LLC & EJM Properties, Inc.
13125 SW Hall Blvd 3633 E. Broadway, Suite 100
Tigard, Oregon 97223 Long Beach, California 90803
RECITALS
A. Owners have developed the Facility listed below.
Facility type Quantity
Water Quality Catch Basin 1 each with 2 cartridges
B. The Facility enables development of property while mitigating the impacts of additional surface water and pollutants
associated with stormwater runoff prior to discharge from the Facility to the public stormwater system. The consideration
for this Agreement is connection to the public stormwater system.
C. The property benefited by the Facility and subject to the obligation of this Agreement located at and in the
immediate vicinity 11437 SW Pacific Highway, Tigard, Oregon 97223, Map and Tax Lot ID No. 1 S 136AD06000 as
shown in the Exhibit A, attached hereto and incorporated by reference.
D. The Facility weal designed by a registered professional engineer to accommodate and treat the anticipated volume
of runoff in accordance with Clean Water Services (CWS) Design and Construction Standards.
E. Failure to inspect and maintain the Facility can result in an unacceptable impact to the public stormwater system.
S NOW, THEREFORE, it is agreed by and between the parties as follows: 'u
1. OWNER RESPONSIBILITIES Owners shall operate and maintain the Facility in accordance with an Operations
and Maintenance Plan (O &M Plan) to be submitted by Owners to the City for review and approval: This O&M Plan must
be suitable for the treatment facility installed and shall be in accordance with Clean Water Services standards for
maintenance of such facility.
Page 1 of 3
a. The O &M Plan for the water quality catch basin 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:
• Inspection: At least once a year, before the winter season. After major storm events, filters should be inspected
for damage. Inspect each basin interior to determine the need for maintenance.
• Maintenance: Frequency may be adjusted in response to monitoring information from regular inspections.
• 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.
• Sediment removal: Accumulated sediment found in stormwater treatment and conveyance systems must be
handled and disposed of in accordance with regulatory protocols.
b. Owners agree to operate, inspect and maintain the Facility in accordance with the O &M Plan. Owners 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 each Facility fails to satisfy the O &M Plan shall be noted as "Deficiencies ".
3. OWNER CORRECTIONS All Deficiencies shall be corrected at Owners' expense within thirty (30) days after
completion of the inspection. If more than 30 days is reasonably needed to correct a Deficiency, Owners 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 Owners grants City the right to inspect the Facility. City will endeavor to give ten (10) days
prior written notice to Owners, except that no notice shall be required in case of an emergency. City shall determine
whether Deficiencies need to be corrected. Owners (at the address provided at the end of this Agreement, or such other
address as Owners 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 Owners' inspection or City notice, City shall have the right to have any Deficiencies corrected. City (i)
shall have access to the Facility for the purpose of correcting such Deficiencies and (ii) shall bill Owners for all costs
reasonably incurred by City for work performed to correct the Deficiencies (City Correction Costs) following Owners'
failure to correct any Deficiencies in the Facility. Owners shall pay City the City Correction Costs within thirty (30) days
of the date of the invoice. Owners understand and agree 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 Facility creates any imminent
threat to public health, safety or welfare, City may immediately and without prior notice to Owners take measures
reasonably designed to remedy the threat. City shall provide notice of the threat and the measures taken to Owners as
soon as reasonably practicable, and charge Owners 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.
Page 2 of 3
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, Owners and City have signed this Agreement.
CITY OF TIGARD Maverick Decatur . -or.:. LLC
By:
� (Na e and Title) ice S AN ne. -4 ►-rev
By-77 -
City Manager or Designee Address: 3633 E. Broadway, Suite 100
Long Beach, CA 90803
EJM P 4 r rti - : 1 , I C.
By: /
(Name an. T;i / tior / ca ) de�
STATE OF CALIFORNIA )
)
County of Los Angeles )
This instrument was acknowledged before me on N`icl a , 2012 by YO SG 14,A as
whlpei of Maverick Decatur Georgia LLC.
t �=. TAWEEPORN VATTANANAVIN .'^ /—■
_ •� Commission # 1838858 Ii' /�' ?�r ��_
i v'; Notary Public - California z
;T ary Public
Z ' Orange County D
My Comm. Expires Mar 27, 2013 (
STATE OF CALIFORNIA )
‘ b iS
1 Ol
County of Los Angeles )
This instrument was acknowledged before me on , 2012 by as
of EJM Properties, Inc..
Notary Public
Page 3 of 3
CALIFORNIA ALL- PURPOSE ACKNUWLEIGMENT
State of California
Count f Oran !e
On before me, Notary kit � _ ���� i� _ Rebecca L Hurd 1Vot Public
DAT \ / v' / � OF O -E.G., "JANE DOE, NOTARY PUBLIC"
personally appeared \'\ J \ \ �� ..
r
o proved to me on the basis of satisfactory evidence
to be the persons) whose name(s) is/are-subscribed to the
within instrument and acknowledged to me that he /she/they-
executed the same in his/her/their authorized capacity(-ies),
and that by hisR3erftiie signatures} on the instrument the
., , REBECCA L. HURD person(-at or the entity upon behalf of which the person(
,.'4110`;`-' • 1868913
' . -. _ .i ` Notary Public - California i acted, executed the instrument. I certify under PENALTY
ti% Orange County OF PERJURY under the laws of the State of California that
Comm. E res Nov 2013 the foregoing paragraph is true and correct.
'i ITNESS my hand and official seal.
.!.:;;1. !, /' . •- ,,•
• OPTIONAL.
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent
reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ NDIVIDUAL ?1N6O O S
O ER
\F 1 TITLE(S) TIT OR TYP 11 e OCUMENT
❑ PARTNER(S) ❑ LIMITED
3 ❑ GENERAL
❑ ATTORNEY -IN -FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN /CONSERVATOR 31 \ ❑ OTHER: ' I �j
DATE OF DOCUMENT
SIGNER IS R EPRES E NTING: * , . . . liVl , . .
NAME OF PERSON(S) ORENTrrY(1ES) „` .
� _ i ,
SIGNER(S) OTHER • NAMED ABOV
NORTHWEST BOUNDARY TOPOGRAPHIC CONSTRUCTION CADASTRAL
Licensed in OR & WA
SURVEYING, INC. 1815 NW 169 PLACE, SUITE 2090 TELEPHONE: (503) 848 -2127
BEAVERTON, OR 97006 FAX: (503) 848 -2179
EXHIBIT A
January 3, 2011
NWS Project No. 591
Property Description City of Tigard Tract
A tract of land located in the northeast one - quarter of Section 36, Township 1 South, Range 1 West,
Willamette Meridian, City of Tigard, Washington County, Oregon being a portion of that property described
in that Warranty Deed recorded on April 27, 2004 as Document No. 2004 - 044925, Deed Records of
Washington County, Oregon, being variable in width and lying northerly of the centerline of SW Pacific
Highway (Oregon State Highway 99W) as depicted on Oregon Department of Transportation Drawing No.
05B -24 -002, the centerline thereof being more particularly described as follows:
Beginning at Engineer's Station 199 +86.90, said point being on the easterly line of the northeast one - quarter
of said Section 36, South 00'26'19" West a distance of' 1733.6 feet from the northeast corner thereof; thence
South 74 °09' 19" West a distance of 83.10 feet to Engineer's Station 200 +70.00; thence on a spiral curve left
(the long chord of which bears South 72 "04'20" West a distance of 499.74 feet) 500.00 feet to Engineer's
Station 6 +04.40; thence on a 2291.80 foot radius curve left (the long chord of which bears South 64°06'19"
West a distance of 303.77 feet) 304.00 feet to Engineer's Station 9 +08.40; thence on a spiral curve left (the
long chord of which bears South 56 °08' 18" West a distance of 499.74 feet) 500.00 feet to Engineer's Station
14+08.40.
Said tract of land is more particularly described as follows:
Commencing on said centerline at Engineer's Station 201 +83.15, said point being on a spiral curve and
bearing South 74 °02'56" West a distance of 113.15 from Engineer's Station 200 +70.00; thence departing
said centerline, North 16 °09'59" West a distance of 40.00 feet to a 5/8 inch iron rod located at the southeast
corner of said property described in Document No. 2004 - 044925; thence along the easterly line of said
property described in Document No. 2004 - 044925, North 02 "41'31" East a distance of 25.36 feet to a point
64.00 feet northerly of said centerline, when measured at right angles; thence parallel with and 64.00 feet
northerly of said centerline, when measured at right angles, along a 64.00 foot spiral curve offset (the long
chord of which bears South 73 "52'05" West a distance of 5.30 feet to the Point of Beginning; thence South
17 °00'00" East a distance of 8.30 feet to a point; thence South 73°49'16" West a distance of 10.00 feet to a
point; thence North 17'00'00" West a distance of 8.30 feet to a point 64.00 feet northerly of said centerline,
when measured at right angles; thence parallel with and 64.00 feet northerly of said centerline, when
measured at right angles, along a 64.00 foot spiral curve offset (the long chord of which bears North
73 °49' 14" East a distance of 10.00 feet to the Point of Beginning. REG1S,iEU
PROFESSIONAL
Said described tract of land contains 83 square feet, more or less, LAND SURVEYOR
and is depicted on attached Exhibit B.
The basis of bearings for this description is the west line of said property
g p ESN
Described in Document No. 2004- 044925, holding a bearing of 30, tee
North 00 °00'00" West. . OTT F FIELD
tit :1.344
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