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2015-037759 - Lukar Court Washington County,Oregon 2015-037759 D•AE Stn=9 C WHITE 05/19/2015 08:47:09 AM $55.00$11.00$5.00$20.00 $91.00 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 '.0 0 This document is being rerecorded at the request of First American Title to add the signature page. This document was originally recorded as fee number 2015-028537 and re-recorded as Fee Number 2015-029639. U W cc LL s � u/ This document is being rerecorded at the request of First American Title to add the signature page. This document was originally recorded as fee number 2015-028537 z and re-recorded as Fee Number 2015-029639. 0 w 2 cc L Washington County,Oregon 2015-029639 D-AE Stn=5 A STROM 04/23/2015 10:54:57 AM Stn=5 $35.00$11.00$5.00$20.00 $71.00 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 r This document is being rerecorded at the request of First American Title to add the Q legal description. This document was previously recorded as Fee Number 2015- 028537. z 0 CC W 2 CC • L% t r f) 8 This document is being rerecorded at the request of First American Title to add the Q legal description. This document was previously recorded as Fee Number 2015- co 028537. Q 0 W U- RETURN RECORDED DOCUMENT TO: Washington County,Oregon 2015-028537 CITY HALL RECORDS DEPARTMENT D-AE Stn=12 S AKINS 04/20/2015 12:24:57 PM CITY OF TIGARD $30.00$11.00$5.00$20.00 $66.00 13125 SW Hall Blvd. I,Richard Hobernicht,Director of Assessment and Taxation and Ex. Tigard, OR 97223 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/4/912-1L ,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 Ft 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 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 50014-35792 29/2015 RETURN RECORDED DOCUMENT TO: CITY•HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard, OR 97223 First American Title Accommodation Recording Assumes No Liability Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT r This Agreement is made and entered into this 15 day of AO-I t- , 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 < Facility type (list each) Quantity CC W 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 1— stormwater system. The consideration for this Agreement is connection to the public stormwater system. LL, 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: 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 50014-36792 2/9/2015 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 50014-36792 29/2015 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: °— Mission Homes Northwest, LLC ity Manager or Designee (Entity name) By: -"'"1771 _-) Title: Memeber STATE OF OREGON ) ) ss. County of L AIS,_, }t1,n ) This instrument was acknowledged before me on r` l 1 to , 2014, by 1,0 r: h4 as dcs;o3.ncL. of City of Tigard. OFFICIAL STAMP G c1.z)c u BETSY GALICIA " Not , NOTARY PUBLIC-OREGON NOTARY PUBLIC OR ORE. ON COMMISSION N0.925741 My Commission Expires: ( l lK MY COMMISSION WIRES MARCH 09,2018 STATE OF OREGON ) '/ , ) ss. County of tDa�[41 > ) , ,tti1 This instrument was acknowledged before me on alto I I �j , 201 , by isa as 1��11°/Y{'l l� /�/ of rn l 146 me75 Nor-> ufes 4 u-G `N O AR Tr U:LIC FOR OKEGON My Co • ission Expires: /J j nA f / •/ 'OS `ts OFFK AL SEAL 't ;' LYNN A DUNN ��T"j NOTARY PUBLIC-OREGON 1-411 COMMISSION NO.460546 MY COMMISSION EXPIRES AUGUST 16,2015 Page 3 —Private Stormwater Facilities Agreement 50014-36792 219/2015 .,_ Westlake =LA;Ji.'I;46 I EiJGIP:EERIP'G 1 SURVEYLNi: consultants,inc Lukar Ridge Private Storm Drainage Easement Project No 2312-004 February 13, 2015 EXHIBIT A PAGE '1 of 2 The westerly 10.00 feet of Lot 5, LUKAR RIDGE,Washington County Plat Records, situated in the southwest one-quarter of the northwest one-quarter of Section 4,Township 2 South, Range 1 West of the Willamette Meridian, in the City of Tigard, Washington County, Oregon, and being more particularly described as follows: Beginning at the northwest corner of said Lot 5, being 18.00 feet, when measured at right angles, from the centerline of SW Lukar Court: Thence, along the North line of said Lot 5, also being the South line of SW Lukar Court, North 89°21'59" East, 10.00 feet; Thence, parallel with and 10.00 feet from the West line of said Lot 5, South 00°37'03" West, 95.34 feet to the North line of Lot 6, LUKAR RIDGE,Washington County Plat Records; Thence, along said North line of Lot 6, North 89°22'57"West, 10.00 feet to the West line of said Lot 5; Thence, along said West line, North 00°37'03" East, 95.12 feet to the Point of Beginning. Containing 952 Square Feet. REGISTERED PROFESSIONAL LAND SURVEYOR liq— OREG ON JULY 13. 2004 TOBY G. BOLDEN 60377LS RENEWS: 12-31-201 5 r\Usar6\:ho+r.e11\OP:r.toF'2312 004 Storrs Drair.:ue Ea.erent Coc WtsJltke, Conrtiltants, Inc. 1.5115 sw sequoia porkv.•.:y, suite 1.50 ticPrd, I or"co l 97224 PH - 503-6©4-0652 Fx - 503-624-0157 www.westlakeconsultants corn _�' -_= Y 1 1. 1 mo.4m*1 , _.--- I ...........'.... ... c /_ _p 1 - -I I - .ma-i1 iMlif Iu _�_ ,III. `,= �/ I 1 �` J Jam/ I' 4" CONNECTION — — i TO BACK OF CATCH BASIN. INSTALL BEND `�', I AT BACK OF SIDEWALK k. h LOTS LOT 4 1 1 4" DI PIPE Yr/ NO BENDS WITHIN LOT 5 I 10' PRIVATE STORM EASEMENT 5• I 0 10' zo' 'CP° 1 I I SCALE:1"=20' L _ ---_ - - LOT 5 PRIVATE STORM LINE EASEMENT II) LOT 5 EXHIBIT A 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 02/1 6/15 DRAM BY RKC i as W E STLAKE CHECKED BY CONSULTANTS 14PN ENGINEERING r REVISION S SURVEYING • PLANNING PACIFIC CORPORATE CENTER JDB No. IS11S S.R. SRQUOIA PARICWAY,SUITE 350 owl, B04—Oe52 2312-04 TIGARA ORECO 9722 FAX (s09�ass-0167 Infiltration Planter—Rain Garden Checklist (continued) Annual inspections are required.This checklist describes insoectt^n activities,and notes additional recommended inspections.Contact the design engineer, Clean Water Cervices or City representative for more information. Recommended. in addition to required System Preferred Conditions and J annual inspection Feature Problem Conditions to Check for Maintenance Practices Monthly rkeneral Rodents Evidence of rodents or water piping through■aality 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 wtth Harmful insects removed maintenance activities Monthly(mm November Storage Area Sediment or Water pondiny after rainfall ceases and infittrauon No standing water 24 hours after major storm(I-inch in 24 through April standing water time has passed,or testing indicates facility is working hours),sediment rs removed and facility works according to at 90%or less of design capability;sediment depth design Annually Required exceeds 2 inches Monthly from November Rock Filters Sediment and By visual inspection,little or no water flaws through Gravel in rock filter is replaced through April end alter any Debris filter during heavy rain storms major storm{1-inch in 24 hours) Annually Required Monthly during growing Gener al Vegetation Specified or approved grass grows so tall that it corn- String trim grass to 4'to S'and remove clippings,take care season petes with shrubs or becomes a fire danger. not to girdle the bark of bps and shrubs,(Note except emergent wetland grasses in the treatment area of low mainte- Annually Required nance facilities) ClcanWatc3;ervice3 July 2009 Low Impact Development Approaches Handbook 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. Recommended. in addition to required System Preferred Conditions and annual inspection • Feature Problem Conditions to Check for Maintenance Practices Monthly General Invasive Vegetation No invasive vegetation is 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,Teasel,English Ivy. Clean Water Service:integrated pest management guidance Nigti hade,Clematis.Cattail,Thistle,Scotch Broom documents Monthly from November General Vegetation Vegetation blacking more than 10%of the inlet pipe No vegetation blocking inlet pipe opening through April opening Annually Required Monthly and afle'any major General Trash 9nd Debris Visual evidence of trash,debris or dumping Trash and debns removed from facility storm(1-inch in 24 hours) Annually Required Monthly from November General Contaminants and Evidence of oil,gasoline,coniam nants or othei poi- No contaminants or pollutants present,coordinate removal/ through April and after any Pollution lutants cleanup with local jurisdiction major storm(use 1-inch in 24 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 after any of damage is still present or there is potential for major storm(1-inch in 24 continued erosion hours) Annually Required Monthly and after any major General Obstructed Inlet! Inlet/outlet areas dogged with sediment,vegetation Unobstructed inlet/outlet;matenal and blockages removed storm(1-inch in 24 hours) Outlet or debris Annually Required cteanWatr !prices July2009 Low Impact Development Approaches ' ',book