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2018-030913 ~ 9795 SW Frewing Street Washington county,Oregon 201$_030913 RETURN RECORDED DOCUMENT TO: D-AE CITY HALL RECORDS DEPARTMENT Stn=16 M LOPEZ 05/04/2018 09:25:06 AM CITY OF TIGARD $40.00$11.00$5.00$20.00 $76.00 1,Richard Hobernicht,Director of Assessment and Taxation and Ex- 13125 SW Hall Blvd. Officio County Clerk for Washington County,Oregon,do hereby Tigard OR 97223 certify that the within instrument of writing was received and f 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 3 This Agreement is made and entered into this��_da of I �(�11,. 2018,b and between Y Y the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)and Black Diamond Homes (Owner). RECITALS A. Owner has developed or will develop the Facilities listed below.(List the type of private w stormwater facilities on site and the quantity of each type). VE Facility type(list each): Infiltration Planter/Rain Garden Quantity: 1 Size: 160 square feet a a B. The Facilities enable development of property at 9795 SW Frewing st Tigard,OR 97223 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. E. 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 Page 1 —Private Storm water Facilities Agreement W014-36792 Wf7 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. Tigard,OR 9722, Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this�day of 2018,by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)and Black Diamond Homes (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). aFacility type (list each): Infiltration Planter/Rain Garden Quantity: 1 Size: 160 square feet B. The Facilities enable development of property at 9795 SW Frewing st Tigard, OR 97223 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. E. 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 Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 E. 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 Page 1 —Private Storm water Facilities Agreement W014-36792 Wf7 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 the timeframe set forth in Section 3, 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 if such imminent threat arose from a Deficiency with the Facilities, 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 Storm water Facilities Agreement 50014-36792 612117 F By: Title: STATE OF OREGON ) County of )ss. This instrument was acknowledged before me on ©Z-- 201 g , y Jeff Bettinelli as President of Black Diamond Homes,iv&, NOTARY PUBLIC FOR OREGON My Commission Expires: mea 2 OFFICIAL STAMP HARWiNDER SING.,' NOTARY PUBLIC-OREGON COMMISSION NO. 964604 MY GGMMISSION EXPIRES AUGUST ei:.If CITY OF TIGARD By. a--7�------- City Engineer) Page 3—Private Storm water Facilities Agreement W2117 50014-367$2 EXHIBIT A LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as follows: Parcels 1 & 2 of Partition Plat 1998-081,Washington County Records lying in the Southwest quarter of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon, Excepting therefrom the following described tract: Beginning at the Northwest corner of Parcel 1, Partition Plat 1998-081,Washington County Records; thence North 54033'35" East along the Northwesterly line of said Parcel 1, 103.00 feet to a 5/8" iron rod with a yellow plastic cap marked "K.L.S. Surveying Inc."; thence South 29036'03" East 102.35 feet to a 5/8" iron rod with a yellow plastic cap marked "K.L.S. Surveying Inc."; thence South 60059'22" West 70.00 feet to the Northerly line of SW Frewing Street;thence North 49012'30"West 96.76 feet to the point of beginning. TOGETHER WITH An easement being a portion Parcel 2 of Partition Plat 1998-081, Washington County Records lying in the Southwest quarter of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon being more particularly described as follows: Beginning at the Southwest corner of Parcel 2, Partition Plat 1998-081, Washington County Records; thence North 30022'29" West 23.20 feet along the Northerly line of SW Frewing Street; thence North 60°59'22" East 70.00 feet to a 5/8" iron rod with a yellow plastic cap marked "K.L.S. Surveying Inc."; thence South 29036'03" East 15.09 feet to the Southerly line of said Parcel 2; thence South 54017'56" West 82.20 feet the point of beginning. 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 if such imminent threat arose from a Deficiency with the Facilities, 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 Storm water Facilities Agreement 50014-36792 612117 1 15' 30' Vegetation corridor/easement to C S k Sewer 81 LIDA 5' ` 4' 01- 0' -� 20' 102' T House 1866sf 135-7" 33' 39-6" 10' I-20 47' 9'r6' Garage 6'}6' 22 Gas 12'- ' ---14'--I 6' Power L 20 35' 16' 10t 31'- " < 85'-11" - 0 29'-4' 0 15' 1 15'-4" 2 - C ='< 25-1 0 � 21 Black Diamond Homes, Inc 503-201-6304 Cell 15685 SW 116th Ave. Ste 290 503-579-3990 fax Tigard, OR 97224 Jeff@blackdiamondhomesinc.com Address: _ _ _. 9795 SW Frewing St. Tigard, Oregon 97223 North Scale: 1/4"= 4'-0" easement being a portion Parcel 2 of Partition Plat 1998-081, Washington County Records lying in the Southwest quarter of Section 2,Township 2 South, Range 1 West of the Willamette Meridian, City of Tigard, Washington County, Oregon being more particularly described as follows: Beginning at the Southwest corner of Parcel 2, Partition Plat 1998-081, Washington County Records; thence North 30022'29" West 23.20 feet along the Northerly line of SW Frewing Street; thence North 60°59'22" East 70.00 feet to a 5/8" iron rod with a yellow plastic cap marked "K.L.S. Surveying Inc."; thence South 29036'03" East 15.09 feet to the Southerly line of said Parcel 2; thence South 54017'56" West 82.20 feet the point of beginning. 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 if such imminent threat arose from a Deficiency with the Facilities, 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 Storm water Facilities Agreement 50014-36792 612117 �fl 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. ld?Ilfified plohlem (ondition to Chock I'm Adivity Maintonanco Timing V Task Complete Comments Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all outlined in Appendix A Examples include:Himalayan Blackberry, invasive plants.Attempt to control V Reed Canary Grass;Teasel;English Ivy; even if complete eradication is not r Nightshade;Clematis;Cattail;Thistle, feasible.Refer to Clean Water Services Scotch Broom Integrated Pest Management Plan for 5P NG SUMMER FAIL appropriate control methods,including o proper use of chemical treatment. 0 72 Obstructed InIeUOutiet Material such as vegetation,trash, Remove bkxlcages from facility rD sediment Is blocking more than 10% of the inlet pipe or basin opening wR sFrnnG CD Inspect after major storm (1-inch in 24 hours) 0- Excessive Vegetation Vegetation grows so tali it competes Cut tall grass 4"to 6"and remove yAt cwith or shades approved emergent clippings.Prune emergent wetland wetland grass/shrubs,interferes with grassishrubs that have become access or becomes a fire danger overgrown. kk4 time to prune emergent wetland grass is spring.Cut grass during dry months 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 poift watrER 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 /�� Services or local City. hall 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 Storm water Facilities Agreement 50014-36792 612117 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 pian below describes Y 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. BEHAM" Cnndition to Chock for N1, inlenance Activity fvlaintonin(o T' Ta�k Compkt�? Comments I!HazatdTrees Observe dead,dying or diseased trees Remove hazard trees. A certified As Needed arborist may need to determine health of tree or removal requirements Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and and no bare areas large enough to correct the conditan.Reptant per the affect function of facility, approved planting plan and applicable SPPAG FALL standards at the time of construction. Ideal time to plant is spring and n Remove excessive weeds and all fall seasons invasive plants. rDrDO rD Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. r dumping Dispose of property SPRIMG SUMMER FALL YViNTER 73 -o 0 Contaminants and Pollu- Evidence of oi4 gasoline,contaminants of contaminants or pollutants are rD tion or other pollutants.took for sheens, present,coordinate remova"anup odor or signs of contamination. with local jurisdiction SPRM SUMMER FALL w+NTER Q 0 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 FstWish appropriate vegetation as needed. FALL YNNrER iVRING Flow Not Distributed Flows unevenly distributed through Level the spreader and clean so Evenly planter width due to uneven or that flows spread evenly ewer entire dogged flow spreader planter width vet sew �fl v, ting Clean Water winter /�� Services or local City. hall 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 Storm water Facilities Agreement 50014-36792 612117 Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued) Annual inspections are required. It is recommended thatfhe 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. Condition to Check for Maintenance Activity I V Task Complete Comments Hazard Trees Observe dead,dying or diseased trees Remove hazard trees. A certified As Needed arborist may need to determine health of tree or removal requirements e Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and and no bare areas large enough to correct the condition.Replant per the a affect function of facility. approved planting plan and applicable SPRING PALL standards at the time of construction. Ideal time to plant is spring and Remove excessive weeds and all fall seasons CD invasive plants. M 0 Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility. ,°. dumping Dispose of properly D -cy SPRING SUMMER FALL WINTER 0 c� Contaminants and Pollu- Evidence of oiL gasoline,contaminants If contaminants or pollutants are a tion or other pollutants.look for sheens, present,coordinate removalicleanup odor or signs of contamination. with local jurisdiction SPRING SUMMER FALL WINTER c 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 tC it es or local City. hall 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 Storm water Facilities Agreement 50014-36792 612117 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 Prolflom Condition to Che(k fot Miint(nance Activity Maintomince Timing V Task Complote Commonts Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed through facility via roderrt holes. harmful insects,use professional if Insects such as wasps and hornets needed.Refer to Clean Water Services interfere with maintenance/inspection Integrated Pest Management Plan for v activities management options rDr m Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment Treatment Area exceeds 3 inches area.Ensure planter is level from rD side tD side and drains freely toward SUMMER Fnu r outlet;no standing water within 24 hours after any major storm(1-inch Ideally in the dry season p in 24 hours) n T m QJ Standing Water Standing water in the planter Remove sediment or trash blockages; `" between storms that does not drain improve end to end grade so there is Q freely .Water should drain after 24 no standing water 24 hours after any vVINrErt SPRING hours of dry weather major storm(1-inch in 24 hours) Inspect after major storm 0-inch in 24 hours) Grate Damaged,Missing Grate is missing or only partially in Grate must be in place and meets As Needed or Not in Place place may have missing or broken design standards.Replace or repair grate members any open structure n iu 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 tC it es or local City. hall 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 Storm water Facilities Agreement 50014-36792 612117