2017-037872 ~ 9925 SW Geenburg Road ~ Cresent Grove Cemetery r
•
Washington County,Oregon 2017-037872
05/12/2017 01:08:46 PM
D-AE Cnt=1 Stn=6 M FERNANDES
CRESCENT GROVE CEMETERY & MAUSOLEUM, $30.00$5.00$11.00$20.00-Total =$66,00
RETURN RECORDED DOCUMENT TO:
CITY HALL RECORDS DEPARTMENT
CITY OF TIGARD 02281340201700378720060067
13125 SW Hall Blvd. I,Richard Hobernlcht,Director of Assessment and 0,1
Taxation and Ex-Officio County Clerk for Washington
•
Tigard, OR 97223 County,Oregon,do hereby certify that the within ;:..a .s!?:
Instrument of writing was received a d re orded In the ;•tY..
book of records of said coin , 'L ,.�: •/
Richard Hobernlcht,Director of AssessmentCCCtt��nand
AU
Taxation,Ex-Officio County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this +11 day of M O% , 2017, by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon (Q'ity) and Crescent Grove
Cemetery &Mausoleum (Owner).
RECITALS
A. Owner has developed or will develop the Facilities listed below. (List the type of private
stonnwater facilities on site and the quantity of each type).
Facility type(list each) Vegetated Swale Quantity 1
Facility type(list each) Quantity
Facility type(list each) Quantity
B. The Facilities enable development of property while mitigating the impacts of additional surface
water and pollutants associated with storm water runoff prior to discharge from the property to the public storm
water system. The consideration for this Agreement is connection to the public storm water 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.
F, Failure to inspect and maintain the Facilities can result in an unacceptable impact to the public
storm water system.
NOW,THEREFORE, it is agreed by and between the parties as follows:
Page 1 — Private Storm water Facilities Agreement 50014-36792
2.92015
1. OWNER RESPONSIBILITIES. The City shall provide Owner an Operations and Maintenance
(O&M Plan) for each facility. Owner agrees to operate, inspect and maintain each Facility in accordance with
the current O&M Plan and any subsequent modifications to the Plan. Owner shall maintain a log on inspection
activities. The log shall be available to the City upon request 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 he 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.
Page 2 —Private Storm water Facilities Agreement 500,4 36 792
2/9/20/6
•
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
A 1 11 ' I / 'L -
(City Engineer) (Entity name)
By: 71/49 ,���l l')
(Sign here for entity)
Title: ()JJ/}fICA,I M al/VA CX
STATE OF OREGON )
) ss.
County of a ,Iiti�✓4] / )
This instrument✓ was acknowledged before me on /rl 7 , 20/ 7 ,by
of City of Tigard.
OFFICI AMP
.1P ia2 BRANDER THOMAS TAGGART
`; NOTCOMMISSION ARY PUBLINC—ORON � .. r 0.92EG4312 f
,i
YY COMMISSION EXPIRES FEBRUARY 02,2018 NOTARY PUBLIC FOR O' ' ON,
My Commission Expires: ,2/a///
STATE OF OREGON )
) ss.
County of/ h%vyU )
This instrument was acknowledged before me on / ,� 9' , 20 /7 ,by
/ aret L_ re.rnl u as(i -d Miler, of 6i-cl_ ct�* 6), ,c 4
y- ' di r-4 t
Arkt
0
�1 OFFICIAL STAMP •TARY PUBLIC FOR i.e O �/
�a^ BRANDEN THOMAS TAGGART My Commission Expires: 2 14
'�`',,;�'� NOTARY PUBLJC-OREG�1
�`"'� COMMISSION N0.924312
MY COMMISSION EXPIRES FEBRUARY 02,2018
Page 3 —Private Storm water Facilities Agreement 50014.36792
2497015
/ - Harper
iHPR Houf Peterson
Exhibit "A" Righellis Inc.
LEGAL DESCRIPTION
CGC-03
April 5, 2017
Page 1 OF 3
A portion of Plat of"Crescent Grove Cemetery" recorded in Book 34, page 28 Washington
County Records, and a portion of Plat of"First Addition to Crescent Grove Cemetery" recorded
in Book 26, Page 24, Washington County Records, and other lands. Located in the Southwest
One-Quarter of Section 26, Township 1 South, Range 1 West, Willamette Meridian, City of
Tigard, Oregon. Being more particularly described as follows.
BEGINNING at a 2" iron pipe, being also the initial point of said Plat of"Crescent Grove
Cemetery", and the said Plat of"First Addition to Crescent Grove Cemetery"; thence North
88°50'09" West, 42.63 feet along the south line of"First Addition to Crescent Grove Cemetery",
to a 5/8" iron rod with an orange plastic cap marked "HHPR INC." at the southwest corner of a
private road as shown on said plat and a non-tangent curve left;thence along the west line of
the private road along the said non-tangent curve left (Radial Bearing= North 01°09'51" East,
Central Angle = 89°59'08", Radius = 25.00 feet, Long Chord bears North 46°10'17" East 35.35
feet) 39.26 feet to a point from which a found 5/8" iron rod bears South 01°10'43" West 0.13
feet;thence continuing along said west line North 01°10'43" East 196.60 feet to a found 5/8"
iron rod with a 1-1/2" aluminum cap at a point of curve left; thence along the said curve left
(Central Angle = 89°58'38". Radius = 25.00 feet. Long Chord beers Ncrth A3°18'36" West 35.35
feet) 39.26 feet to a set 5/8" iron rod with an orange plastic cap marked "HHPR INC." being a
point on the northerly line of said plat;thence along said northerly line North 88°47'55" West
83.30 feet to a found 5/8" iron rod with a 1-1/2" aluminum cap at a point of curve left; thence
along the said curve left (Central Angle = 83°27'45", Radius = 278.55 feet, Long Chord bears
South 49°28'12" West 370.83 feet) 405.76 feet to a set 5/8" iron rod with an orange plastic cap
marked "HHPR INC." at the southwest corner of said plat; thence leaving said northerly line and
the boundary of said plat, North 88°50'09" West 122.05 feet to a found 5/8" iron rod with an
orange plastic cap marked "HHPR INC." on the southeasterly line of document number
99021506, Washington County Deed Records, and a non-tangent curve right; thence along said
southeasterly line and the said non tangent curve right (Radial Bearing= South 84°18'57" West,
Central Angle = 85°30'10", Radius =400.00 feet, Long Chord bears North 48°26'08" East 543.05
feet) 596.92 feet to a found 5/8" iron rod with an orange plastic cap marked "HHPR INC.";
thence South 88°48'47" East 685.06' to a found 5/8" iron rod with an orange plastic cap marked
"HHPR INC."; thence along a curve right (Central Angle = 59°50'20", Radius = 66.00 feet, Long
Chord bears South 58°53'37" East 65.84 feet) 68.93 feet to a found 5/8" iron rod with an orange
plastic cap marked "HHPR INC." on the westerly right of way of SW Greenburg road; thence
along said right of way South 14°05'40" West 105.24 feet to a found 5/8" iron rod with an
orange plastic cap marked "HHPR INC."; thence leaving said right of way North 88°48'47" West
589.26 feet along the north line of platted graves as shown on "Crescent Grove Cemetery", to a
set 5/8" iron rod with an orange plastic cap marked "HHPR INC."; thence leaving the said north
line, South 01°10'24" West, 225.13 feet to a set 5/8" iron rod with an
205 SE Spokane Street • Suite 200 • Portland, OR 97202 • www.hhpr.com • 503.221.1131 ph • 503.221.1171 fax
1
I
LEGAL DESCRIPTION
CGC-03
April 5, 2017
Page 2 OF 3
orange plastic cap marked "HHPR INC."; thence North 88°52'09" West 3.32 feet to a set 5/8"
iron rod with an orange plastic cap marked "HHPR INC." on the common boundary of"Crescent
Grove Cemetery" and "First Addition to Crescent Grove Cemetery";thence South 01°30'15"
West along said common boundary 7.88 feet to the POINT OF BEGINNING of this description.
Containing 3.75 acres more or less.
The basis of bearings of this legal description if based on Survey Number 32632, Washington
County Survey Records.
6=ROF S ONM.
L D SURVEY A.a
�/-. r 11
i C EGtJW•
JULY 10, 192e
Pitilt4Ilthi..to
*276_ r
f , 4 60 '-‘1,4recc tt G4/20/, ct1
I
1
EXHIBIT "A"
A=59'50'20"
R=66.00'
DOCUMENT NO. 99021506 L=68.93'
LC=N 58.53'37"W,
S88'48'47"E 685.06' 65.84' S0' 30
,. Q6 , .4 A=89'58'38" 3
����(P. 41'00� �$hl R=25.00' 0 0'
V iii�4D0 �rO p'). 46'
0�` L=39.26' h ry
`i b` �4 /-STORM WATER N88'47'55"W LC=N 43'48'36"W, 35.35' oh
VG � SWALE 83.30 (Ni
41 / FIRST ADDITION TO o ;,,� N88'48'47"W 589.26' Q N
�, / / ••b CRESCENT GROVE c6 NORTH LINE OF EXISTING c
Q�\V // ����g�� ^� CEMETERY N PLATTED GRAVES 0
p/ ��9 �h•�'0, A=89'59'08" w 3 CRESCENT GROVE CEMETERY J n
42-1 /Ix-•V gyp R=25.00' NI- st 2 "
� .,;\°'
S L=39.26' — o CRESCENT GROVE CEMETERY i�p
r? LC=N46.10'17"E, tr
35.35'
<;'
o
RADIAL BEARING=N01'09'51"E N 2 SCALE
N88'50'09"W p 1" = 150'
U
122.05' N88'50'09"W POINT OF BEGINNING
42.63' ALSO INITIAL POINT OF
CRESCENT GROVE CEMETERY
DETAIL A & FIRST ADDITION & SECOND
NOT TO SCALE
rN88'52'09"W Harper
3.32'
4 HP Houf Peterson
�S01'30'15"W
7.88' - - i Righellis Inc.
POINT OF BEGINNING
E N G I N E ERS • P LAN N E R S
LANDSCAPE ARCHITECTS • SURVEYORS
205 SE Spokane Street Suite 200 Portland,OR 97202
phone: 503.221.1131 www.hhpr.com fax: 503.221.1171
CGC-03 TEB 04/05/2017 PAGE 3 OF 3