2017-051644 ~ Spruce Street ~ 85th Avenue ~ Sitka Court Washington County,Oregon 2017-051644
06/29/2017 11:00:35 AM
D-AE Cnt=1 Stn=30 RECORDS1
$40.00$5.00$11.00$20.00$20.00-Total=$96.00
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02296425201700516440080081
I,Richard Hobernlcht,Director of A ment and ,04,04�
Taxation and Ex-Officio County Clerk for Washington .+
County,Oregon,do hereby certify that the within
Instrument of writing was received a d re orded In the ,, I"�' 1Y r�i'..'1
book of records of said cou . ";w 9 I
Richard Hobernlcht,Director of Assessment and e _ .
Taxation,Ex-Officio County Clerk
iii
JAPANESE INTERNATIONAL BAPTISTS CHURCH, 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 7th day of June, 2017,by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon(City) and Japanese International Baptists Church
(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(list each) Vegetated Swale Quantity 1
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.
A TRACT OF LAND LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 35
AND THE NORTHWEST ONEQUARTER
OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE I WEST OF THE WILLAMETTE
MERIDIAN, CITY OT TIGARD,
WASHINGTON COUNTY, OREGON AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT A 3-1/4" ALUMINUM DISK MARKING THE NORTHWEST CORNER
OF THE GEORGE RICHARDSON
DONATION LAND CLAIM NO. 55; THENCE NORTH 00°14'31"EAST, 76.95 FEET TO THE
POINT OF BEGINNING ON THE NORTH LINE OF BLOCK `M' "METZGER ACRE
TRACTS", SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SW SPRUCE
STREET (COUNTY ROAD NUMBER 947) FROM WHICH A 5/8" IRON ROD BEARS
NORTH 87°27'51"WEST, 0.58 FEET; THENCE ALONG THE NORTH LINE OF BLOCK `M'
SOUTH 89°58'41" EAST, 84.33 FEET TO THE NORTHWEST CORNER OF BLOCK `L'
"METZGER ACRE TRACTS"; THENCE ALONG THE WEST LINE OF SAID BLOCK "L"
Page 1 —Private Storm water Facilities Agreement 50014-36792
2/9/2015
SOUTH 00°19'38" EAST, 78.43 FEET TO THE SOUTHWEST CORNER OF SAID BLOCK
"L", FROM WHICH A 1/2" IRON PIPE BEARS NORTH 00°19'38"WEST, 0.35 FEET;
THENCE ALONG THE SOUTH LINE OF SAID BLOCK "L" SOUTH 88°58'51" EAST, 72.93
FEET TO THE SOUTHERLY NORTHWEST CORNER OF THE LAND DESCRIBED IN
DEED DOCUMENT NUMBER 2001-030876; THENCE ALONG THE WEST LINE OF THE
LAND DESCRIBED IN DEED DOCUMENT NUMBER 2001-030876 AND CONTINUING ON
THE WEST LINE OF THE LAND DESCRIBED IN DEED DOCUMENT NUMBER 2004-
102682 SOUTH 00°12'38" WEST, 274.72 FEET TO THE SOUTHWEST CORNER OF THE
LAND DESCRIBED IN DEED DOCUMENT NUMBER 2004-102682;THENCE ALONG THE
SOUTH LINE OF SAID LAND SOUTH 89°03'46"EAST, 158.48 FEET TO A POINT ON THE
WEST LINE OF THE PLAT OF "STEVE AND HUGHIE'S PLACE", THENCE ALONG THE
WEST LINE OF SAID PLAT SOUTH 00°13'19" WEST 206.60 FEET TO THE NORTHWEST
CORNER OF LOT 12 OF SAID PLAT;THENCE ALONG THE NORTH LINE OF THE LAND
DESCRIBED IN WARRANTY DEED DOCUMENT NUMBER 2014-002584 NORTH
86°36'18" WEST, 158.67 FEET TO THE NORTHWEST CORNER OF SAID LAND BEING
COMMON WITH THE NORTHEAST CORNER OF THE LAND DESCRIBED AS PARCEL 2
IN STATUTORY WARRANTY DEED DOCUMENT NUMBER 2006-085868; THENCE
ALONG THE NORTH LINE OF SAID PARCEL 2 NORTH 89°02'49"W, 158.31 FEET TO A
POINT ON THE EAST LINE OF PARTITION PLAT NUMBER 1992-025 FROM WHICH A
5/8"IRON ROD BEARS NORTH 89°02'49" WEST,0.14 FEET;THENCE ALONG THE EAST
LINE OF SAID PARTITION PLAT AND CONTINUING ALONG THE EAST LINE OF THE
PLAT OF "LUCILLE ESTATES" NORTH 00°14'31" EAST 324.07 FEET TO THE
NORTHEAST CORNER OF LOT 5 OF"LUCILLE ESTATES"BEING COMMON WITH THE
SOUTHEAST CORNER OF LOT 1,BLOCK'0' OF THE PLAT"METZGER ACRE TRACTS";
THENCE ALONG THE NORTH LINE OF "LUCILLE ESTATES" NORTH 89°01'43" WEST,
84.65 FEET TO THE SOUTHEAST CORNER OF LOT 5 OF "MYERS ESTATES" BEING
COMMON WITH THE SOUTHWEST CORNER OF LOT 1, BLOCK '0' OF THE PLAT
"METZGER ACRE TRACTS"; THENCE ALONG THE EAST LINE OF "MYERS ESTATES"
NORTH 00°01'12" WEST, 226.16 FEET TO THE NORTH LINE OF BLOCK 'M' "METZGER
ACRE TRACTS, SAID POINT BEING 30.00 FEET FROM THE CENTERLINE OF SW
SPRUCE STREET (COUNTY ROAD NUMBER 947); THENCE ALONG THE NORTH LINE
OF BLOCK 'M' SOUTH 89°58'41"
EAST, 85.67 FEET TO THE POINT OF BEGINNING
A. .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.
B. 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:
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".
Page 2—Private Storm water Facilities Agreement 50014-36792
2/9/2015
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.
Page 3 —Private Storm water Facilities Agreement 50014-36792
2/9/2015
IN WITNESS WHEREOF,Owner and City have signed this Agreement.
NOTARIZE DOCUMENT BELOW
CORPORATE, LLC PARTNERSHIP,TRUST OR OTHER LEGAL ENTITY SIGN BELOW
Ja•anese ternationa is a' ' is Church
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Title. 4 Vt t7/ .I i4I -f-AtowtCr
STATE OF OREGON )
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County of•vat#10-1-1:4-1 ) --ii-Vi
This in trument was acknowledged before me on '1A1 ''" ,20 14 , by
QNS\ 0)L-0 j as EA i ' 7 of l►
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�: OT LEILSTAMP AWRY PUBLI T�:' OREGON
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. . SECRET LEIGH TIEKING
NOTARY PUBUC-OREGON Commission Expires: ..�aty �I 20)8
t , COMMISSION NO.930538
MY COMMISSION EXPIRES JULY 17,2018
By: ;(2/_,., ____I---
rty Engineer)
Page 3—Private Storm water Facilities Agreement 50010-36792
2/9/2015
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Vegetated Swale Operation and Maintenance Plan
Annual inspections are required.It is recommended that the fadlity is inspected on a monthly basis to ensure proper function.The plan below describes
dv 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 Mointen,ince Activity MAinten,mce Timing V Trsk Complete Comments
Obstructed Inlet/Outlet Material such as vegetation,sediment Remove blockages from facility
is blocking more than 10%of Inlet/
outlet pipe or basin opening waw SFRna;
Flow not distributed evenly Flows unevenly distributed through Level and dean the spreader so that
Swale due to uneven or clogged flow flows spread evenly over entire swale
spreader width WINTER SPRING
Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment :
Treatment Area exceeds 3 inches area.Ensure facility is level from
side to side and drains freely toward SUMMER FALL
C; outlet no standing water once inflow Ideally in the dry season
has ceased
0
Tree/shrub Growth Tree/shrub growth shades out Prune trees and shrubs that block sun
wetlandlemergent grass in treatment from reaching treatment area.Remove
area.Interferes with access for trees that block access points.
maintenance/inspection Do not remove trees that are not Ideal timing for pruning is
interfering with access or maintenance winter
CD without first contacting Clean Water
Services or local City
Hazard Trees Observed dead,dying or diseased Remove hazard trees.A certified As Needed
trees arborist may be needed to determine
health of tree or removal requirements
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Vegetated Swale 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.
Ii,.ntifr:,c! PniI rn CunrliUun to (h, ck for i.1,iint..n.:nct•AcU:ity ; ',",iinten,;nco Timing V T,i . Cuml;l•,t,, Comniont.;
Erosion Erosion or channellzation that impacts ,Repair eroded areas and stabilized
or effects the function of the fadlity or using proper erosion control measures. ` ` t
o creates a safety concern Establish appropriate vegetation as FALL WINSORIM
needed.
v Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and * t :
v and no bare areas large enough to correct the condition.Replant per the
affect function of fadgty approved planting plan and applicableFeu SP IG
standards at time of construction. Ideal time to plant is spring and
cl Remove excessive weeds and all fel seasons
k alive plants'
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S Imasire Vegetation as hnesive vegetation is found in faditty. Remove excessive weeds and all it * .1kir
N outlined in AppendixA Beanies nies include:Himalayan Blackberry; invasive plants.Attempt b control 4I7
Reed Canary Grass;Teaset English try; even if complete eradication is not spaNG SWAMI FALL
Nightshade;Clematis;Cattail;lldstle; fasibie.Refer to Clean Water Services
0.
o Scotch Broom Integrated Pest Management Plan for
appropriate control Methods,indudrng
proper use of chemical treatment
Excessive Vegetation Vegetation grows so tall it competes Cut tall grass to 4"to 6"and remove
with or shades approved emergent lippings. Prune emergent:wetland It
wetland grass/shrubs;Interferes with grass/shrubs that have become
access or becomes Bre danger overgrown. Ideal time to prune emergent
wetland gran is spring.Cut
gran in dry months
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V Trash and Debris Visual evidence of trash,debris or Trash and debris removed from fadlity. it- iliF * *
I dung Dispose of properlyMING shams fALL WINTER