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2016-075573 ~ Sky Group Investments Washington County,Oregon 2016-075573 RETURN RECORDED DOCUMENT TO: D-AE CITY HALT,RECORDS DEPARTMENT PARTMENT Stn=24 C WHITE 09/19/2016 01:13:01 PM CITY OF TIGARD $60.00$11.00$5.00$20.00 $86.00 1 �' $ (�` Hall Blvd. I,Richard Hobemicht,Director of pssesament and Taxation and Ex- U Ill [s Olflcio County Clerk for Washington County,Oregon,da hereby I` certify that the within instrument of writing was received and lgrdd OR 9722,O 9 f 22 recorded In the book of records of said county. Richard Hobemicht,Director of Assessment and Taxation,Ex-Officio Space above reserved,for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT RECITALS This Agreement is made and entered into this 8th flay of September ,2016,by and between.the CITY OF TIGARD,a municipal corporation of the State of Oregon(City)and Sky Group Investments, LLC.(Owner). 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(list each) Extended Dry Basin Quantity 2690 Cubic Feet or 20,000 gallons B. The Facilities e able 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: 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 is attached to this document. 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 Page 1 —Private Stormwaterr Facilities Agreement 201,2015 50014.36792 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 RECITALS This Agreement is made and entered into this 8th day of September , 2016 , by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Sky Group Investments, LLC. (Owner). 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 (list each) Extended Dry Basin Quantity 2690 Cubic Feet or 20,000 gallons 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: 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 is attached to this document. 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 Page 1 —Private Stormwater Facilities Agreement 50014-36792 2/9/2015 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 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. IN WITNESS WHEREOF, Owner and City have signed this Agreement. NOTARIZE DOCUMENT BELOW Page 2—Private Stormwater Facilities Agreement 50014-36792 2/9/2015 CITY OF TIGARD CORPORATE, LLC PARTNERSHIP, TRUST OR OTHER LEGAL ENTITY SIGN BELOW Lot -t D. :4Act-O- By�' / C` �`( r )1n eg/' S\/ \/ 6-'(Oti` Wr_S- G t LLC City Manager or Designee v (Entity naive) By: _ 4.1 1°, (Sign here for entity) Title: V\ (P. We-Si ae STATE OF OREGON ) ) ss. County of 4 tS-Auty / ) swledged before me on , j4,4er- 8' , 2016,by as A74 of City of Tigard. OTARY PUBL C FOR ORE ON My Commission Expires: , , STATE OF OREGON ) ss. • County of . ) This instrument wa .nowledged before me on ,�� ,5t,- ' , 2016, by 411as X77 of Gi (6'-72 '.IOTARY PUBLIC FOR ORE • 1 My Commission Expires: a- /f Page 3 —Private Stormwater Facilities Agreement 50014-36792 2/9/2015 :0' p04/16/2011 11:38:20 AM Lu l 1-1LO I.74 D-DW ent•1 $mal$0 HOFFMAN ,- �\ $20.00$.00 611.00$16.00$,210.00.Total.$,2111.00 r� RECORDING �INGRE REQUESTED 111111 JfIJIJIII IIJI(� III II������11111 11 ik" Fidelity National Title Company of Oregon 01600110201100207220040046 ; ; tv I O I,Richard Hobamloht,Director of Ameimard and y ?:ir„ y , imitation and Ex-Officio County Clark for Waahlniton 4= k, '?:".12,' )sCounty,Oregon,do hereby certify that the within Y, //�� Instrument of writing was rseslved aria.ordeal In the ,,_ , ' book of records of uld osualt.. (1 vJ. a- Richard Hobemlaht,Director of As,sasment and ' •;o-at ,. Taxation,Ex.Omolo County Clerk 1:, GRANTOR'S NAME: 1 � ,r' Lanphere Properties V.LLC, I 1 an Oregon limited liability company 6 E It 1, GRANTEE'S NAME: �k, Ewing Irrigation Products,Inc., . i, a Nevada corporation V i SEND TAX STATEMENTS TO: Ewing Irrigation Products,Inc., PP <r ; , a Nevada corporation 3441 E.Harbour Drive 1 ' Phoenix,AZ 85034 ' 1 fit, I �" AFTER RECORDING RETURN TO: • — Ewing Irrigation Products,Inc.,a Nevada corporation 3441 E.Harbour Drive O Pheonix,AZ 85034 O Escrow No: 20100021508-FTPOR01 11 Sr y3 .j, n WASHINGTON COUNTY �.1 0 CODE 023.81 ,t IN:1T ' REAL PROPERTY TRANSFER TAX f R1033697,1S135BB-00800 ttt � $& LAO.°O ur—15—I1 '` cb R1033704,1S135BB-00700 �N.. 3f FEE PAID DATE ,, 1x;6114 1, 10655&10685 SW Greenburg Road : 1 Tigard,OR 97223 I.,, SPACE ABOVE THIS LINE FOR RECORDER'S USE ; i ' 0 I '';; I Q STATUTORY WARRANTY DEED I ; C.) 1,,0' J Lanphere Properties V,LLC,an Oregon limited liability company,Grantor,conveys and warrants to { A; F— , Ewing Irrigation Products,Inc.,a Nevada corporation,Grantee,the following described real property,free ts 4:5 and clear of encumbrances except as specifically set forth below,situated in the County of Washington, State of Oregon: 9 See attached Exhibit"A" �I 7.3 Subject to and excepting: iz See attached Exhibit"B" BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND `'` 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11,CHAPTER 424,OREGON LAWS 2007,AND SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009. THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS$3,260,000.00. (See ORS 93.030) DATED: April 13,2011 L Title Data, Inc. CH POR10563 WN 2011028732.001 s/S L Lanphere Properties V,LLC, an Oregon limited liability company By:Lanphere Properties, LC,i Member By:/erop Robert D.Lanph ,Jr. �� Its:Designated Agent yly . STATE OF OREGON ) P )ss. COUNTY OF ) I certify that I know of have satisfactory evidence that Robert D.Lanphere,Jr,as Designated Agent for Lanphere Properties,LLC,as Member of Lanphere Properties V, LLC,an Oregon limited liability company,is the person who appeared before me,and said person acknowledged that he signed this instrument and was authorized to execute this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this f 3enday of April,2011 , OFFICIAL SEAL � n_ . . : LISA M POTEKEV f J r v-a y NOTARY PUBLJGOREGON NotaryPublic for the State of Oregon ( r . �`',�;� COMMISSION NO.450622 )) My Commission expires: 7/?/)-d/y MYCOMMISStONEXPIRESJUlY01,2014 O Ss' Title Data, Inc. CH POR10563 WN 2011028732.002 2(3 Hi ai EXHIBIT"A" PARCEL 1: A tract in Section 35,Township 1 South,Range 1 West of the Willamette Meridian,in the City of Tigard,Washington County,Oregon,described as follows: Beginning at a point on the West line of the D.C.Graham Donation Land Claim,1401.2 feet North1. 01°32'29"West of the Southwest corner of the said claim;thence South 89°49'East 184.42 feet 1' to the true point of beginning,at an iron rod on the South line of that tract as described by Deed Book 756,Page 800,Washington County Deed Records,from the true point of beginning;thence North 0°17'15"East 292.79 feet to an iron rod on the North line of the said tract;thence,along the North line.South 89°49'East 300.07 feet to an iron rod;thence,along an existing fence line, South 00°05'42"West 273.04 feet to an iron rod;thence South 89°49'00"East,parallel with the i South line of that tract as described by Deed Book 756,Page 800,a distance of 370.02 feet to aII 1 point on the Easterly line of an access road;thence,along the Easterly line of said access road, South 31'03'West 22.14 feet to a point of tangent curvature;thence,along the arc of a 130.00 foot radius curve to the left,through an angle of 00°26'01",an arc distance of 0.98 feet(the chord bears South 30°49'59"West 0.98 feet)to a point on the South line of that tract as described by Deed Book 756,Page 800;thence,along the South line of the said tract,North 89°49'West 659.09 feet to an iron rod at the true point of beginning of the tract herein described. t Together with an easement for ingress and egress,as described as follows: Beginning at the Southwest corner of that tract as described by Deed Book 937,Page 701, Washington County Deed Records,which point bears North 1401.2 feet and North 89°49'West 10.0 feet from the Southwest corner of the D.C.Graham Donation Land Claim,from the true point ! of beginning;thence North 1°34'West 22.01 feet to a point;thence,parallel with the South line of that tract described by Deed Book 756,Page 800,South 89°49'East 195.12 feet to a point; ; lit thence South 0°17'15"West 22.0 feet to an iron rod on the South line of the said tract;thence ff North 89°49'West 194.42 feet to the true point of beginning of the tract herein described. 11 PARCEL 2: ii A tract in Section 35,Township 1 South,Range 1 West of the Willamette Meridian,in the City of Tigard,Washington County,Oregon,more particularly described as follows: Beginning at the intersection of the South line of that tract as described by Deed Book 756,Page 800,Washington County Deed Records,said point bears North 01°32'39"West 1401.2 feet, along the West line of the D.C.Graham Donation Land Claim,from the Southwest corner thereof; thence South 89°49'East 843.51 feet to a point of non-tangent curvature on the Westerly right of way line of Beaverton-Tigard Highway Frontage Road(60 feet wide);thence Northwesterly,along said Westerly right of way line,along the arc of a 130.00 foot radius curve to the right,through a central angle of 00°26'01",an arc distance of 0.98 feet(the chord bears North 30°49'59"East 0.98 feet)to a point of tangency;thence North 31°03'00"East,continuing along said Westerly right of way line,a distance of 22.14 feet to a point in a line parallel with and 20.00 feet North of (when measured at right angles to)said South line of Deed Book 756,Page 800,and the point of beginning of the tract herein to be described;thence North 89°48'15"West,parallel with said South line,370.02 feet to an iron rod;thence,along an existing fence line,North 00°04'42"East 273.04 feet to a point on the North line of that tract described in said Deed Book 756,Page 800; thence South 89°51'08"East,along said North line,237.62 feet to a point on the Westerly right of way line of said Beaverton-Tigard Highway Frontage Road;thence South 35°22'17"East,along said Westerly right of way line,231.54 feet to a point of tangent curvature;thence Southeasterly, along said Westerly right of way line,along the arc of a 70.00 foot radius curve to the right, through a central angle of 66°25'17",an arc distance of 81.15 feet(the chord bears South 02°09'39"East 76.68 feet)to the point of beginning. Title Data, Inc. CH POR10563 WN 2011028732.003 3/3 ; c: Extended Dry Basin 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 A'5 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. r Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. * dumping Dispose of properly . SPRING SUMMER FALL WINTER Contamination and Evidence of oil,gasoline,contaminants, Locate source of contamination and Pollution or other pollutants.Look for sheens, correct.Remove oil using oil-absorbent odor or signs of contamination pads or vactor truck.If low levels of s oil persist plant wetland plants that `i can uptake small concentrations of oil ; ''` such as uncus effuses.(soft rush) If SPRING SUMMER FALL WINTER co high levels of contaminants or pollutants 73, are present,coordinate removal cleanup with local jurisdiction c- mInvasive vegetation as Invasive vegetation found in facility. Remove excessive weeds and all A outlined in Appendix A. Examples include:Himalayan Blackberry, invasive plants.Attempt to control Reed Canary Grass,Teasel,English Ivy, even if complete eradication is not o Nightshade,Clematis,Cattail,Thistle, feasible;refer to Clean Water Services t 4 Scotch Broom Integrated Pest Management Plan for SPRING SUMMER FALL rD appropriate control methods,including proper use of chemical treatment o Obstructed Inlet/Outlet Material such as vegetation,trash, Remove blockages from facility o sediment is blocking more than 10% * t NG of inlet/outlet pipe or basin opening "termINTER or storm Inspect after major storm (1-inch in 24 hours) Poor Vegetation Cover 80%survival of approved vegetation Determine cause of poor growth and and no bare areas large enough to correct the condition.Replant with it * affect function of facility. plugs or containerized plants per the SPRING FALL approved planting plan and applicable Ideal time to plant is spring standards at time of construction. and fall seasons Remove excessive weeds and all o invasive plants. io Extended Dry Basin 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 Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed through facility via rodent holes.Harmful harmful insects,use professional if insects present such as wasps and needed.Refer to Clean Water Services hornets that interfere with Integrated Pest Management Plan for maintenance!inspection activities management options 73Tree/Shrub Growth Tree/shrub growth shades out wetland/ Prune trees and shrubs that block rD emergent grass in treatment area. sun from reaching treatment area. 1:17Interferes with access for maintenance/ Remove trees that block access points. WINTER inspection Do not remove trees that are not Ideal time for pruning is winter 73 interfering with access or maintenance o without first contacting Clean Water Services or local City Hazard Trees Observed dead,dying or diseased trees Remove hazard trees. A certified As Needed o Arborist may need to determine 'Chealth of tree or removal requirements Excessive Vegetation Vegetation grows so tall that it Cut tall grass 4'to 6"and remove competes with approved emergent clippings.Prune emergent wetland wetland grass/shrubs,interferes with grass/shrubs that have become SPRING access or becomes a fire danger overgrown. Ideal time to prune emergent wetland grass is spring.Cut grass in dry months Erosion Erosion or channelization that impacts Repair eroded areas and stabilize or effects the function of the facility or using proper erosion control creates a safety concern measures.Establish appropriate vegetation as needed FALL WINTER SPRING • c Extended Dry Basin 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 g* 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. R Identified Problem Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments Settlement of Pond Dike/ Look for any part of dike/berm that Repair dike/berm to approved design As Needed Berm has settled 4 inches or more lower specifications.A licensed civil engineer than the design elevation should be consulted to determine the source of the settlement ,-- o O s Blockage of Emergency Blockage of overflow!spillway by Remove blockage. * t Overflow/Spillway trees,vegetation or other material Small root system(base less than Blockages may cause the berm to fail 4 inches)may be left in place;otherwise, WINTER SPRING o due to uncontrolled overtopping roots are removed.A licensed civil Inspect after major storm m CD engineer should be consulted for (1-inch in 24 hours) proper berm/spillway restoration. Erosion of Emergency Native soil is exposed at the spillway, Restore rock and pad depth to * tr 77 0 overflow/Spillway or there is only one layer of rock in an appropriate depth.Refer to design area of 5 square feet or larger specifications WINTER SPRING sInspect after major storm a, (1-inch in 24 hours) 0_ c- 0 Blockage of Overflow Excessive standing water or water is Inspect and if needed clear orifice ,V, Structure/Orifice Plate not detained for required time. plate for proper drainage or re-install to ensure required detention. WINTER SPRING Inspect after major storm (1-inch in 24 hours) Sediment Accumulation in Sediment accumulation in pond Remove sediment from pond bottom. - * Pond Bottom bottom exceeds 6 inches or affects Re-establish designed pond shape facility inlet/outlet or plant growth in and depth.Establish appropriate SUMMER FALL treatment area vegetation in treatment area Ideally in the dry season ti Extended Dry Basin 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 ✓Task Complete Comments Grate Damaged,missing or Grate is missing or only partially in Grate must be in place and meet As Needed not in place place,may have missing or broken design standards.Replace or repair grate members. any open structure, replace grate if missing o Damage to Outlet Structure Damage to Frame or Top Slab.Frame Ensure frame is firmly attached and As Needed not sitting flush on top slab(more sits flush on the riser rings or top than 44 inch between frame and top slab slab);frame not securely attached > o Damage to Outlet Structure Fractures or Cracks in Walls or Bottom. Structure replaced or repaired to As Needed Maintenance person determines the design standards. structure is unsound.Soil entering structure through cracks. a 0 Damage to Outlet Structure Settlement or Misalignment of Basin. Structure replaced or repaired to As Needed Failure of basin has created a safety, design standards function,or design problem "A