2018-030912 ~ 9799 SW Frewing Street t ,
Washington County,Oregon 2018.030912
D-AE 05/04/2018 09:25:06 AM
RETURN RECORDED DOCUMENT TO: Stn=16 M LOPEZ
CITY HALL RECORDS DEPARTMENT $40.00$11.00$5.00$20.00 $76.00
I,Richard Hobernicht,Director of Assessment and Taxation and Ex-
CITY OF TIGARD Officio county clerk for Washington county,Oregon,do hereby
13125 SW Hall Blvd. certify that the within instrument of writing was received and
recorded in the book of records of said tour
Tigard,OR 97223 Richard Hobernicht,Director of
Assessment and Taxation,Ex-Officio
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 'Z(,ia day of R 2018,by and between
the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)and Black Diamond Homes Mt.,
(Owner).
RECITALS
a
"' 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).
ex
`L Facility type(list each): Infiltration Planter/Rain Garden Quantity:I Size: 160 square feet
B. The Facilities enable development of property at 9799 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 I —Private Storm water Facilities Agreement 5WI4.36792
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
dThis Agreement is made and entered into this Z(�o day of R L L^ 2018,by and between
the CITY OF TIGARD, a municipal corporation of the State of Oregon(City)and Black Diamond Homes)104'.
(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): Infiltration Planter/Rain Garden Quantity: 1 Size: 160 square feet
B. The Facilities enable development of property at 9799 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 5001436792
6/2/17
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 50014-55752
612117
n
By:
Title:
STATE OF OREGON
)ss.
County of
1v�,_AC4,( )
This instrument was acknowledged before me on 2018,by
Jeff Bettinelli as President of Black Diamond Homes,iv-P,
NOTARY PUBLIC FOR OREGON
My Commission Expires: MM� oz-(
oz-1
.........
OFFICIAL STAMP
HARWINDER SINGH
NOTARY PUBLIC-OREGON
COMMISSION NO. 964604
[TWCOMMSSIONEXPIRES AUGUST 01,2021
CITY OF TIGARD
By:4-�Z "'_
(City Engineer)
Page 3—Private Storm water Facilities Agreement
dQ17
50014-36792
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described
as follows:
A portion 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 being more particularly described
as follows:
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 4901230" 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 60059'22" 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.
Vegetation corridor/easement to CWS
10' 15'
Sewer 16 LIDA North
f
-14'-6"-I-12'---P' 6-6"I---16'
6' f
sHouse 1636sf 14, 1(2'
96
3'-9"��13'-10"
N
Garage
24'
18'-4" 23'-6"
Gas
N,
12' 22' Power
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Power n o 2�
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Water
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1 °
23-3"
Access Easement
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: 9799 SW Frewing St. Tigard, Oregon 97223
Scale: 1/4"= 4'-0"
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 Ploblorn Condition to Che(k tot Mainten"ince Activity
Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all
outlined in Appendix A Examples include:Himalayan Blacl bW, invasive plants.Attempt to control
Reed Canary Grass;Teasel;English Ivy; even if complete eradication is not
z Nightshade;Clematis;Cattail;Thistle; feasible.Refer to Clean Water services I
Scotch Broom Integrated Pest Management Plan for SFhMNG SUMMER FAIL
appropriate control methods,including
o proper use of chemical treatment.
rD
CD
O
Obstructed Inlet/Outlet Material such as vegetation,trash,
veg Remove blockages from facility
rD
sediment is blocking more than 10%
-:� of the inlet pipe or basin opening �""rER sFRiNG
0 Inspect atter major storm
(1-inch in 24 hours)
rD
Excessive Vegetation Vegetation grows so tall it competes cut tall grass 4"to 6"and remove
with or shades approved emergent clippings.Prune emergent wetland
wetland grass/shrubs interferes with grass/shrubs that have become svRiNG
access or becomes a fire danger overgrown. Ideal 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
wetland/emergent grass in treatment from reaching treatment area.Remove
area.Interferes with access for trees that block access points. wnarER
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.
Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued)
jAnnual 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.
Condition to Check for 1 Maintonance Activitv V Task Complete Commenty
rzardTrees 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 condition.Replant per the
affect function of facility. approved planting plan and applicable SF9'NG FALL
standards at the time of construction. Ideal time to plant is spring and
Remove excessive weeds and all fall seasons
rD r invasive plants.
rDd
rD
Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility.
dumping Dispose of properly
D
> SPRING SUMMER FALL WINTER
c
Contaminants and Poilu- Evidence of oit gasoline,contaminants If contaminants or pollutants are u
tion or other pollutants.look for sheens, present,coordinate removaUckanup
odor or signs of contamination. with local jurisdiction SPRING SUMMER FAu WINTER
C
Erosion Erosion or channelization that impacts Repair eroded areas and stabilize using
or effects the function of the fadiity or proper erosion control measures.
creates a safety concern Establish appropriate vegetation as
FAtt WINTER SPRING
needed.
Flow Not Distributed Flows unevenly distributed through Level the spreader and clean so V
Evenly planter width due to uneven or that flows spread evenly over entire �r
dogged flow spreader planter width VANM 3
�fl
lI
Infiltration Planter / Rain Garden Operation and Maintenance Plan (continued)
Annual inspections are required.It is recommended tha�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 Problern Condition to Check for Maintenance Activity Maintenance Timing V Task Complete Comments
r�
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
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
affect function of facility. approved planting plan and applicable SPRING FALL
standards at the time of construction, ideal time to plant is spring and
Remove excessive weeds and all fall seasons
Q invasive plants.
V
C:✓
M Trash and Debris Visual evidence of trash,debris or Remove trash and debris from facility.
Ddumping Dispose of properly SPRING SUMMER FALL WINTER
Contaminants and Pollu- Evidence of oil,gasoline,contaminants if contaminants or pollutants are
tion or other pollutants.Look for sheens, present,coordinate removallicieanup
T odor or signs of contamination. with local jurisdiction SPRING SUMMER FAIL WINTER
t=
Erosion Erosion or channeiization 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. L 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 -w
clogged flow spreader planter width
WINTER SPRING
�C:-
011
Infiltration Planter I 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.
. 0 Con(lition to Check for Ma intena rice Activity V Task Complote Comments
Vector control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed
through facility via rodent 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
activities management options
ri
rD
M
Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment
CD
Treatment Area exceeds 3 inches area.Ensure planter is level from
side to side and drains freely toward suMMEA FAIL
outlet,no standing water within 24
hours after any major storm(1-inch Ideally in the dry season
in 24 hours)
)
Standing Water Standing water in the planter Remove sediment or trash blockages;
z—
between storms that does not drain improve end to end grade so there is
freely.Water should drain after 24 no standing water 24 hours after any WWTER
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
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