2015-028537 - Lukar Ct.-Mission Homes It
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RETURN RECORDED DOCUMENT TO: Washington County,Oregon 2015-028537
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CITY HALL RECORDS DEPARTMENT 04/20/2015 12:24:57 PM
Stn=12 S AKINS
CITY OF TIGARD $30.00$1 1.00$5.00$20.00 $66.00 •
13125 SW Hall Blvd. 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
First American Title Accommodation
Recording Assumes No Liability Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 15 day of AO-I L ,2015_, by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Mission Homes Northwest, 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).
z Facility type(list each) LIDA- Rain Garden Quantity 1
U Facility type(list each) Quantity
W B. The Facilities enable development of property while mitigating the impacts of additional surface •
Qwater 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.
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LT. C. The property benefited by the Facilities and subject tothe 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: •
1. OWNER RESPONSIBILITIES Owner shall operate and maintain the rain garden in accordance
with the Clean Water Services LIDA Handbook maintenance requirements as discussed in the July 2009
edition, pages 78 & 79 (attached to this document). Owner shall maintain a log of inspection.activities. The.log
shall be available to the city or CWS upon request and during the annual city or CWS inspection.
Page 1 -Private Stormwater Facilities Agreement 5001436792 •
29/2015
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. 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.
6. 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.
7. 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.
8. 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—Private Stormwater Facilities Agreement 50014-35792
2/9/2015
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: -CYMission Homes Northwest,LLC
City Manager or Designee (Entity name)
By:
ign or entity)
Title:Memeber
STATE OF OREGON )
) ss.
County of 11U( ,bt,i ITh' )
This instrument was acknowledged before me on 'vY-1 1 A (o ,2014,by
Ina as des c3.ex .L of City of Tigard.
_x"14:, OFFICIAL,STAMP G. )oi
6143) BETSY GALICIA
NOTARY PUBLIC OREGON NOTARY PUBLIC 1OR O N /
COMMISSION N0.925741 My Commission Expires:` l l�
MY COMMISSION bCPIRE$MARCH 09,2018
STATE OF OREGON )
>/) ) ss. 5
County of Waa,1i,24 ) ,
�1
Thisinstrument{was acknowledged before me on ter.! I ,� ,2011, by
` / V b as of 1 m'\ 0'0 Ne'5 Nv-i-fit 141 S
-atiAlr i ,/ dI�iiJ
e •AR 1'`'UBLIC FOR,OI, EGON
My Cop 4 ission Expires: , JI9hhdi /4.. '/S-
�•�+►, O=FICIAL SEAL
LYNN A��'� [C-OR
NOTARY PUELJC-0OREGON
COMMISSION NO.460546
MY COMMISSION(PIKES AUGUST 16,2015
Page 3 —Private Stormwater Facilities Agreement 50014-36792
2/9,2015
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SW 1/4 OF THE NW 1/4 OF SEC. 4,
T. 2 S., R. 1 W., W.M.,
CITY OF TIGARD, WASHINGTON CO., OREGON
DATE 02/18/15 ��
IAA* BY RKC SII WESTLAKE
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REVISIONS
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Infiltration Planter—Rain Garden Checklist
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.
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�* annuahnspection, ,� Feature ,i-w Problem: Gond.lhons to1Check foriR '.MVtarntenancePractices r
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Monthly General invasive Vegetation No invasive vegetation in planted or permitted to No invasive vegetation;Remove excessive weeds.Attempt to
as outlined in Ch.4 remain,including but not limited to:Himalayan control even if complete eradication is not feasible.Refer to
Annually Required D&C Standards Blackberry,Reed Canary Grass;Teaser Engreh ivy; Clean Water Service integrated pest management guidance
Nightshade;Clematis;Cattail;Thebe;Scotch Broom documents.
Monthly from November General Vegetation Vegetation blacking more than 10%of the inlet pipe No vegetation blocking inlet pipe opening
through Apnl opening
Annually Required
Monthly and alter any major General Trash and Debris Visual evidence of bash,debris or dumping, Trash and debris removed from facUity
storm(1-inch In 24 hours)
Annually Required
Monthly from November General Contaminants and Evidence doff,gasoitne,contaminants or other poi- No contaminants or pollutants present;coordinate removal!
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through April and alter any Pollution lutants cleanup with local jurisdkdk,n
major afam(use i-inch In 24
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hours as a guideline)
Annually Required
Monthly from November General Erasion Eroded damage more than 2 Inches deep If cause Area stabilized using appropriate erosion control measures
through April and atter any of damage is still present or there Is potential for
major storm(I-inch in 24 confirmed erosion
hours)
Annually Required
Monthly,and after any major General Obstructed Inlet! Inlet/outlet areas dogged with sediment,vegetation Unobstructed inlet/outlet;:material and blockages removed
storm(1 Inch in 24 hours) Outlet or debris
Annually Required
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acanWate av;«, July 2009 Low Impact Development Approaches ' 'lbook
1 Infiltration Planter—Rain Garden Checklist (continued)
3 Annual inspections are required.This checklist describes inspection activities,and rotes additional recommended inspections.Contact the design engineer,
Clean Water Services or City representative for more information.
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i �'/ -.,annual�inspection ." Features 4 Problem _ Conditionsxto Checks-for - S Maintenance"i-&-.4,0.,ractices
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P Monthly General Rodents Evidence of rodents or water piping through iaciliity via No rodents;facility repaired. Refer to Clean Water Services
rodent holes integrated pest management guidance documents.
Annually Required
Annually Required General Insects Insects such as wasps and hornets interfere with Harmful insects removed
1 mainienance activities
3
Monthly from November Storage Area Sediment or Water ponding after rainfall cases and infiltration No standing water 24 hours after major storm(1-inch in 24
1 through April standing water time has passed,or testing indicates facility's working hours);sediment is removed and facility works according to .
1 at 90%or less of design capability;sediment depth design
1 Annually Required exceeds 2 inches
1
Monthly from November Rock Filters Sediment and By visual inspecfion,little or no water flows through Gravel in rock filter is replaced
through April and after any Debris filter during heavy rain storms
major storm(1-Inch in 24
3 hours)
H
i Annually Required
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9 Monthly during growing General Vegetation Specified or approved grass grows so tall that it corn- String trim grass to 4'to 6'and remove clippings;take care
season petes with shrubs or becomes a fire danger not to girdle the bark of trees and shrubs.(Note:except
I emergent wetland grasses in the treatment area of lqw mainte-
I Annually Required nance facilities)
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I c ,v; Services July 2009
Low Impact Development Approaches Handbook
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