2017-019515 ~ SW Ventura Drive, Lot 6 RETURN URN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT Washington County,Oregon 2017-019515
CITY OF TIGARD D-AE 03/09!2017 02:38:07 PM
13125 SW Hall Blvd. Stn=0 S AKINS
$35.00 S11.00$5.00$20.00 $71.00
Tigard,OR 97223
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•Offiicio
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this tc day of February,2017 by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and
Biggi Construction,LLC(owner).
RECITALS •
A. Owner has developed or will develop the Facilities listed below.(List the type of private
3 stormwater facilities on site and the quantity of each type).
Facility type(list each)Infiltration Planter/Rain Garden Quantity One
J Facility type(list each) Quantity
•
B. The Facilities enable development of propel)/while mitigating the impacts of additional surface
Uwater 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.
W
C. The property benefited by the Facilities and subject to the obligation of this Agreement is
1_ described below or in Exhibit A (Property) attached hereto and incorporated by reference.
tY
LL, 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 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 infiltration planter I rain garden shall be in accordance with the L1DA
recommendations for O&M. At a minimum, the following procedures that use common equipment and existing
Page 1-Private Storm water Facilities Agreement 50014.36792
21912015 First American Title Accommodation
Recording Assumes No Liability
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard,OR 97223
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 15 day of February,2017 by and between the
CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and
Biggi Construction,LLC (owner).
RECITALS
A. Owner has developed or will develop the Facilities listed below.(List the type of private
3 stormwater facilities on site and the quantity of each type).
Facility type(list each)Infiltration Planter/Rain Garden Quantity One
J Facility type(list each) Quantity
z B. The Facilities enable development of prope ly while mitigating the impacts of additional surface
Uwater and pollutants associated with stormwater runoff prior to discharge from the property to the public
CCstormwater system. The consideration for this Agreement is connection to the public stormwater system.
W
C. The property benefited by the Facilities and subject to the obligation of this Agreement is
Hdescribed below or in Exhibit A (Property) attached hereto and incorporated by reference.
C
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 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 infiltration planter I rain garden shall be in accordance with the LIDA
recommendations for O&M. At a minimum, the following procedures that use common equipment and existing
Page 1-Private Stormwater Facilities Agreement 50014 36792
2192015 First American Title Accommodation
Recording Assumes No Liability
maintenance protocols are required:
a. Inspection: On a monthly basis and after major storm events.
b. Maintenance: Perform maintenance as outlined in the Infiltration Planter I Rain Garden
Operation and Maintenance Plan document attached. See Attached Exhibit B.
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 incmTed 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 ColTection Costs within thi liy (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 shall be secured
by a lien on the Property for the City CoITection Cost amount plus interest and penalties.
6. EMERGENCY MEASURES. [fat 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.
Page 2 -Private Stormwater Facilities Agreement 50014-36792
21912015
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, Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
CITY OF TIGARD CORPORATE,LLC PARTNERSHIP,TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
By. V 'J i g g C>1 sri-lr►,c.-k-;o►-y L_Cs
ity Manager or Designee (Entity name)
641 -e-/67.A.A.if
By: ---
(Sign here for entity)
Title: fr+44.4,
STATE OF OREGON )
) ss.
County of j,( ,S/-7,}v ieyv )
This instrumentwa`cknowledged before me on P74✓J 7 , 2011; by
/49
_4. ,g..—e „ as 726✓�r of City of Tigard.
� %, OFFICIAL STAMP ry OO
l3NOTF�RA;'OFN TftirMAS-0TAGGART
i;YPUBUCREGON
COMMISSION NO.924312
I MY COMMISSION WIRES FEBRUARY 02NOTARY PUBLIC FOR OR ON 2018 My Commission Expires:2 /F
STATE OF OREGON )
) ss.
County of Cts6vt9\rcv` )
This instrument was acknowledged before me on Feb l-kwur) l=j , 2017,by
lhC ig51 as tewi,6e✓ of iG�ju Cohsr(-►-kC-- v_ 0
►. ' C�
OFFICIAL STAMP (1 �II •,,
GOLDIE MARIE HAMILTON ( �i •
.
NOTARY PUBUC-OREGON r1 N• • RY PUBLIC FOR O ON
1 *Ify COMMISSION NO.950615 0 My Commission Expires: fkai kl 2-02-6
MY COMMISSION EXPIRES MAY 17,2020((9
Page 3 —Private Stormwater Facilities Agreement 50014-36792
2/9/2015
EXHIBIT A (PROPERTY)
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, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
LOT 6, "OAK WOODS", RECORDED AS DOCUMENT NUMBER 2017-008710, WASHINGTON COUNTY RECORDS.
SW VENTURA DRIVE
TRACT 'C'
TRACT
'B' TRACT 'A' TRACT 'A'
8 "OAK
"VENTURA
"OAK
STREET
LIDA FLOW-
9 THROUGH
PLANTER 7
ESTATES" 7 6 5 ESTATES"
WOODS"
10 \
N
N
15 16 8 4 /
( gir
SCALE: 1"= 50 FEET
SW LOCUST STREET
DATE: 02-15-2017
LOT 6, OAK WOODS, LIDA FACILITY EXHIBIT
A
AKS ENGINEERING & FORESTRY, LLC DRWN: GP
12965 SW HERMAN RD, STE 100 CHKD: JN
TUALATIN, OR 97062 S(
AKS JOB:
P:503.563.6151 F:503.563.6152 aks—eng.com 4294
DWG,4294STORN I LOT 6
c: -
T. Infiltration Planter 1 Rain Garden Operation and Maintenance Plan (continued)
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
p; inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for
more information.
I
ti Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments tri
Hazard Trees Observe dead,dying or diseased trees Remove hazard trees. A certified As Needed b�
arborist may need to determine health H
of tree or removal requirementstgl
O
b
Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and .. Y
0 and no bare areas large enough to correct the condition.Replant per the 4
affect function of facility. approved planting plan and applicable SPRING FALL H
standards at the time of construction. Ideal time to plant is spring and Z
'a Remove excessive weeds and all fall seasons
CD
�' invasive plants.
M
(
rD Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. -,, Z
�. dumping Dispose of properly �lYir H
SPRING SUMMER FALL WINTER H
a z
cu
Contaminants and Pollu- Evidence of oil,gasoline,contaminants If contaminants or pollutants are Z
=et> tion or other pollutants.Look for sheens, present,coordinate removal/cleanup j. ' * 1)
Eu odor or signs of contamination. with local jurisdiction SPRING SUMMER FALL WINTER
0- r''
a- y
0
Z
Erosion Erosion or channelization that impacts Repair eroded areas and stabilize using
or effects the function of the facility or proper erosion control measures. * ;
creates a safety concern Establish appropriate vegetation as
needed. FALL WINTER SPRING
Flow Not Distributed Flows unevenly distributed through Level the spreader and clean so
Evenly planter width due to uneven or that flows spread evenly over entire
clogged flow spreader planter width
WINTER SPRING
Lo
Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued)
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer, Clean Water Services or City representative for
more information.
Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments tri
Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed t�
through facility via rodent holes. harmful insects,use professional if
0 Insects such as wasps and hornets needed.Refer to Clean Water Services b7
i interfere with maintenance/inspection Integrated Pest Management Plan for 0
activities management options b
t-ri
y
s Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment
ES
Treatment Area exceeds 3 inches area.Ensure planter is level from z
rD side to side and drains freely toward SUMMER FALL y
D outlet;no standing water within 24 Z
-0 hours after any major storm(1-inch Ideally in the dry season C7
5 in 24 hours) 4
IL 9
cu
N z
m y
a, Standing Water Standing water in the planter Remove sediment or trash blockages; =r-
0- between storms that does not drain improve end to end grade so there is '�'� y)yl- Z
0 freely.Water should drain after 24 no standing water 24 hours after any WINTER SPRING Z
hours of dry weather major storm(1-inch in 24 hours) Inspect after major storm C')
(1-inch in 24 hours)
b
r
Grate Damaged,Missing Grate is missing or only partially in Grate must be in place and meets As Needed Y
or Not in Place place may have missing or broken design standards.Replace or repair Z
grate members any open structure
P
Ad
y
3
x.
Infiltration Planter / Rain Garden Operation and Maintenance Plan
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
inspection and maintenance activities, and may be used as an inspection log. Contact the design engineer,Clean Water Services or City representative for
more information.
Identified Problem Condition to Check for Maintenance Activity Maintenance Timing ✓Task Complete Comments
Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all rn
outlined in Appendix A Examples include:Himalayan Blackberry; invasive plants.Attempt to control w
o Reed Canary Grass;Teasel;English Ivy; even if complete eradication is not
z Nightshade;Clematis;Cattail;Thistle; feasible.Refer to Clean Water Services SPRING SUMMER FALL y
H Scotch Broom Integrated Pest Management Plan for H
EA appropriate control methods,including
o proper use of chemical treatment. .d
< to
CD
-74 Obstructed Inlet/Outlet Material such as vegetation,trash, Remove blockages from facility
sediment is blocking more than 10% O
of the inlet pipe or basin opening WINTER SPRING Z
o Inspect after major storm
D- d
(1-inch in 24 hours) z
a, Y
a Excessive Vegetation Vegetation grows so tall it competes Cut tall grass 4"to 6"and remove • Z
o with or shades approved emergent clippings.Prune emergent wetland 4ii I-3
wetland grass/shrubs;interferes with grass/shrubs that have become SPRING z
access or becomes a fire danger overgrown. Ideal time to prune emergent Z
wetland grass is spring.Cut n
grass during dry months h7
b
r
Y
Tree/Shrub Growth Tree/shrub growth shades out Prune trees and shrubs that block sun Z
wetland/emergent grass in treatment from reaching treatment area.Remove •1:?.
area.Interferes with access for trees that block access points. WINTER
n maintenance/inspection Do not remove trees that are not
interfering with access or maintenance Ideal timing for pruning trees is
§- without first contacting Clean Water winter
/1, Services or local City.
a