2015-094797 - Greenburg Road Washington County,Oregon 2015-094797
11/12/2015 03:23:12 PM
D-AE Cnt=1 Stn=29 RECORDS1
$30.00$5.00$11.00$20.00-Total=$66.00
RETURN RECORDED DOCUMENT TO: 1111111 111111111 I III I
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD 02106743201500947970060060
I,Richard Hobernlcht,Director of Assessment and ,ww:e4
13125 SW Hall Blvd. Taxation and Ex-Officio County Clerk for Washington
County,Oregon.do hereby certify that the within
Tigard, OR 97223 Instrument of writing was received a d re orded In the
book of records of sold coin � 'tieL
• +o
Richard Hobernlcht,Director of Assessment and l ?-
Taxation,
Taxation,Ex-Officlo County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 27th day of October, 2015, by and between
the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and EWING
IRRIGATION PRODUCTS, INC., a Nevada corporation (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).
Facility type: LIDA Basin Raingarden Quantity 1
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 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:
Page 1 —Private Stormwater Facilities Agreement 50014-36792
2/9/2015
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:
a. Inspection: At least once a year,before the winter season. After major storm
events, filters shall 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 shall be replaced after a
chemical or fuel spill,regardless of their age.
d. Sediment removal: Accumulated sediment found in stormwater treatment and
conveyance systems shall 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 that this is
a debt owing to City. In addition, Owner agrees that upon non-payment, City Correction Costs
Page 2 —Private Stormwater Facilities Agreement 50014-36792
2/9/2015
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 as provided in
Paragraph 5.
7. 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.
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.
[Signatures and Acknowledgements are on the following page]
Page 3 —Private Stormwater Facilities Agreement 50014-36792
219/2015
IN WITNESS WHEREOF, Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
CITY OF TIGARD EWING IRRIGATION PRODUCTS, INC., a
Nev c oratioBy: /
( h By. - tr'
1ty Manager or Designee
-n1 E N G,Ne-n- Title: PA-14-A.-eat
STATE OF OREGON )
) ss.
County of }Nq.bh;ncl-}-per )
This instrument was acknowledged before me on t'ovP_mbe,r , 2015, by
k/-Of clic& as (deet sen+c. hve___of City of Tigard.
-` .".,, OFFICIAL STAMP
.,),_,---,._,„,N
OTAARY PUC-ORGON
COMMISSION N0.925741 NOTARY PURLBETSY GALICIA FOR OREGON
MY COMMISSION EXPIRES MARCH 09,2018 My Commission Expires: l Gl 1 l 6
STATE OF ARIZONA )
) ss.
County of At et v ICO`,o, )
This instrument was acknowledged before me on eGi4 u&r 021 , 2015, by
10t1.416.5 ID. qoxPi as President of Ewing Irrigation Products, Inc.
ifisi-4407t
{{ �.w ARY P LIC FOR ARIZONA
•`'J'++rra.si,r„r„w, My Commission Expires:)fld!. /!o, c20/(
GSB:7354826.2[38904.00100]
Page 4—Private Stormwater Facilities Agreement 50014-36792
2/9/2015
ORTHWESTREGISTERED
PROFESSIONAL
LAND SURVEYOR
mg! URVEYING, INC. 1
1815 NW 169th Place,Suite 2090
Beaverton,OR 97006 4 + If
Telephone: 503-848-2127 0•EGON
Exhibit A Exhibit 2002
CUNTON H. STUBBS JR.
55469LS
Property Description RENEWAL DATE: 06/30/16
September 21,2015
NWS Project Number 1008-PLA2
A tract of land located in the David C. Graham Donation Land Claim Number 52 in the northwest
one-quarter of Section 1, Township 1 South, Range 1 West, Willamette Meridian, City of Tigard,
Washington County,Oregon,and being more particularly described as follows:
Commencing at the southwest corner of said David C. Graham DLC, said point being marked by a
3-1/4 inch aluminum disk; Thence along the west line of said David C. Graham DLC, North
01°36'26" West 1400.98 feet to its intersection with the south line of that property described in
deed to Ewing Irrigation Products, Inc.,recorded on February 8, 2013 as Document Number 2013-
012269, Washington County Deed Records,and the Point of Beginning;
Thence along the south line of said Ewing Irrigation Products, Inc. property, South 89°49'34"East
184.51 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Marx Assoc." located at the
southeast corner thereof, said point also being the southwest corner of that property described as
Tract 2 in that deed to Ewing Irrigation Products, Inc. recorded on September 16, 2015 as
Document Number 2015-078685, Washington County Deed Records; Thence along the south line
of said Tract 2, South 89°49'34" East 301.04 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Northwest Surveying,Inc."; Thence leaving said south line of Tract 2, North 00°05'21"
East 292.86 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "Northwest Surveying,
Inc." located on the most northerly north line of said Tract 2; Thence along said most northerly
north line, North 89°51'08" West 300.07 feet to a 5/8 inch iron rod with a yellow plastic cap
stamped "Marx Assoc." locate at the northwest corner thereof, said point also being the northeast
corner of said Document Number 2013-012269; Thence along the north line of said Document
Number 2013-012269, North 89°51'08" West 204.16 feet to the easterly right-of-way line of SW
Cascade Avenue (25.00 feet easterly from the centerline thereof, when measured at right angles);
Thence along said easterly right-of-way line, South 01°36'26" East 292.78 feet to a 1-1/8"copper
disk stamped "Stubbs LS 55469" located at the southwest corner of said Document Number 2013-
012269; Thence along the south line of said Document Number 20123-012269, South 89°49'34"
East 10.00 feet to the Point of Beginning.
The above described tract of land contains 3,359 acres,more or less.
The basis of bearings for this description is SN 32,603,Washington County Survey Records.
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coDRIGINAL SHEET TITLE:
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LIDA BASIN .1:*
RAINGARDEN :'i••
1 'Alei MMMMMM BIIISPIIRIFIll MMMMMMMMM 4/0”1113211gi .... DATE: 10-26-15
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DRAWING:
30 0 15 30 60 120
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EX-A
(IN FEET)
1 inch= 60 ft. JOB NO:
2140065.00