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2018-027992 ~ SW Burnham Washington County,Oregon Al218-027992 RETURN RECORDED DOCUMENT TO: 04/23/2018 01:36:42 PM CITY HALL RECORDS DEPARTMENT D-AE Cnt=1 Stn=31 R CORDS1 CITY OF TIGARD $45.00$5,00$11,00$20.00$20.00-Total=$101,00 13125 SW Hall Blvd. 11111111 11111111M II 1111111 Tigard, OR 97223 02382543201800279920090096 I,Richard Hobernicht,Director of Assessment end } raxee~�i3 DDR2016-00002 Taxation and Ex-Officio County Clerk for Washington o County,Oregon,do hereby certify that the within ; war{6\ Instrument of writing was received a d re ss orded in the book of records of said coin i Richard Hobernicht,Director of Assessment and T-Q�itAt 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 ( 5441 day of February 2018, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City) and MARTYN PROPERTIES LLC (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 Filter Strip Quantity 1 B. The Facilities enable development of property at 8970 SW Burnham St. 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 Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 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 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. Page 2 —Private Storm water Facilities Agreement 50014-36792 6/2/17 NOTARIZE DOCUMENT BELOW Martyn Properties LLC 17051 SW Rivendell Dr. Portland, OR 97224 By: Title: © L-% -/Oft aAtik_ t,n,e PALt.*. STATE OF OREGON ) \ ` ) ss. County of W (-°�Y�t4v .O This instrument was acknowledged before me on F .-\)1') 1 , 20 I g , by yvk taiik as MAt W of Ei e T-i - Y k&('+v� t (r��2,r' 1 as,LLC. J U*? OFFICIAL STAMP NO ARY PUBLICC IS OREGON GLORIA NALLELY PINION MARIN ,��� f NOTARY PUBLIC-OREGON My Commission Expires: /0.- )1-2 c� Z ) `I'�� COMMISSION NO.967913 MY COMMISSION EXPIRES OCTOBER 17,2021 CITY OF TIGARD By: Cf2P7C7Y, (Ci y Engineer) Page 3 -Private Storm water Facilities Agreement 50014-36792 6/2/17 File No.15013375 Washington County,Oregon 2015-091420 Grantor D-Dw 10/30/2015 11:44:18 AM A Barry F.Sheasgreen LLC,an Oregon limited liability $100$ 1 STROM 5155 $11.00$5.00$645.00$20.00 $696.00 company 17808 SW Elsner Road I,Richard flobernicht,Director of Assessment end Taxation and Ex• Officio County Clerk for Washington County,Oregon,do hereby Sherwood,OR 97140 ceniN mat the within instrument of writing was received and Grantee recorded In the book of records of said county. Martyn Properties,LLC Richard Hobernicht,Director of 17051 SW Rivendell Drive Assessment and Taxation,Ex-Officio Portland,OR 97224 After recording return to Martyn Properties,LLC 17051 SW Rivendell Drive Portland,OR 97224 Until requested,all tax statements shall be sent to Martyn Properties,LLC 17051 SW Rivendell Drive Portland,OR 97224 Tax Acct No(s): R462243 Reserved for Recorder's Use STATUTORY WARRANTY DEED Barry F.Sheasgreen LLC,an Oregon limited liability company, Grantor(s)convey and warrant to Martyn Properties,LLC,an Oregon limited liability company, Grantee(s),the following described real property free of encumbrances except as specifically set forth herein: SEE ATTACHED EXHIBIT"A" Subject to and excepting: Covenants, Conditions. Restrictions and Easements of record as of the date of this Deed,and additional Deed exceptions as shown on attached Exhibit"One",which is incorporated herein. E The true consideration for this conveyance is$645,000.00(Here comply with requirements of ORS 93.030.) E 0 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,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009,AND SECTIONS 2 TO 7,CHAPTER 8,OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN M 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 1 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 \`xn� 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,SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009 AND SECTIONS 2 TO 7,CHAPTER 8,OREGON 0 LAWS 2010. �j Executed this 2- day of October,2015 Barry F.Sheasgreen LLC,an Oregon limited liability company 7n Lg By.BBar Francis Sheasgreen,Merfiber State of j/� J' / ,County of�144-e it1)1 "/��ss. This instrument was acknowledged before me on this 2 day of October,2015 by Barry Francis Sheasgreen, as Sole Member of Barry F. Sheasgreen LLC, an Oregon limited liability company, on behalf of the Limited Liability Company. Notary Public for AIWA Off^— // i,..,:-...7.;_,---.7:0-7.4-,F,0:1.. —������1��My commission expires: 2-c0 iCIALSEAL �/((( EN DUNS ()1 BUC.OREGON O COMMiSSION NO.465991 1` MY COMMISSION EXPIBtS FEBRUARY 20,2016 6 �.11'1 _^,�"�1'�",1.T __/ OR Deed-Statutory Warranty EXHIBIT"A" A portion of Lot 5, Burnham Tracts, in the City of Tigard, County of Washington and State of Oregon, described as follows: Beginning at a point on the Northeasterly line of Lot 5, Burnham Tracts, in the City of Tigard, County of Washington and State of Oregon,South 45°46'East 120.0 feet from the most Northerly corner thereof which point is also North 42°06'East 20.0 feet from the most Easterly corner of that certain tract conveyed to C.H. and Grace Embree by Deed recorded in Book 265, page 651, Washington County Deed Records; thence South 42°06'West 20.0 feet to an iron rod at the most Easterly corner of said Embree tract;thence continuing South 42°06'West along the Southeasterly line of the Embree tract,and the same extended,250.0 feet to an iron rod; thence South 45°46' East 69.4 feet to an iron rod;thence North 42°06' East(at 250.00 feet an iron rod)a distance of 270.0 feet to a point on the Northeasterly line of said Lot 5;thence North 45°46'West 69.4 feet to the place of beginning. EXCEPTING THEREFROM that portion deeded for street purposes recorded October 3,2008,Recording No. 2008-083168. OR Deed-Statutory Warranty EXHIBIT"One" 1.Easement,including the terms and provisions thereof: For:Underground storm sewer line and appurtenances Granted to:City of Tigard Recorded:November 1, 1974 Book:998 Page:758 Affects:5 foot wide strip along the Southeasterly lot line 2.Easement,including the terms and provisions thereof: For:Public Utility Granted to:City of Tigard Recorded:October 3,2008 Recording No.:2008-083167 Affects: 10 foot by 10 foot strip abutting Burham Street,see document for location OR Deed•Statutory Warranty Washington County,Oregon 2015-091421 D-M 10/30/2015 11:44:18 AM Stn=28 A STROM RECORDING REQUESTED BY: $50.00$11.00$5.00$20.00 $86.00 Colven, Tran& Meredith, P.C. I,Richard l$obernicht,Director of Assessment and Taxation and Ex- Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobemicht,Director of WHEN RECORDED MAIL TO: Assessment and Taxation,Ex-Officio NAME Colven, Tran & Meredith, P.C. MAILING Two Lincoln Centre ADDRESS 5420 LBJ Freeway Suite 300 CITY,STATE Dallas, Texas 75240 ZIP CODE SPACE ABOVE THIS LINE FOR RECORDER'S USE TRUST DEED E Grantor: Martyn Properties LLC 0 8970 SW Burnham Street i"..� Tigard, Oregon 97223 Beneficiary: CapitalSource,a division of Pacific Western Bank M' 5404 Wisconsin Avenue,2nd Floor tQ Chevy Chase,Maryland 20815 Trustee: WFG National Title Insurance Company 1- 25 NW 23rd Place,Suite 1 3 Portland, Oregon 97210 TRUST DEED - Page I J:'TJC113190150610R-Truss Deed.wpd Washington County,Oregon 2015-091422 a-Mat R 10/3012015 11:44:18 AM Stn=28 A STROM $40.00$11.00$5.00$5.00$20.00 $81.00 1,Richard Hobernicht,Director of Assessment and Taxation and Ex. Officio County Clerk for Washington County,Oregon,do hereby RECORDING REQUESTED BY certify that the within instrument of writing was received and AND WHEN RECORDED RETURN TO: recorded in the book 01 records of said county. Richard Hobernicht,Director of Assessment and Taxation,Ex-Officio Colven, Tran & Meredith, P.C. Two Lincoln Centre 5420 LBJ Freeway, Suite 300 Dallas, Texas 75240-2384 For Recorder's Uae Only GENERAL ASSIGNMENT OF LEASES AND RENTS Grantor: Martyn Properties LLC 8970 SW Burnham Street Tigard, Oregon 97223 Lender: CapitalSource, a division of Pacific Western Bank 5404 Wisconsin Avenue, 2nd Floor Chevy Chase, Maryland 20815 E to U m / itN x t),,o1 e'i __, t• / _ / s.,. — 1700 is/ 1?-.C2,1149 1800 ' 4. — * , ...,-. ..., N ,6, _ •'.;:b t• a / AC , ., SID2AC -..e 4- 40- ...e?",.... co _ If ie. / .- / fk214. / / 5 // 23 7 1> / 28.Ty ,...: =-- 4f>c0 / ...._‘‘) -.. u) , •••• 9.39 tit ___=. i•11., #,,-.4 •` 45)4Y arNANd.r' .3r5, 051 .-..,-44 7•.,1— r' ..• A•/ / / / Or , 32AC # 4b * ' 27 i V Va — se I / , 4 7.•••• t. //741't 41/4, diliznit, it- ...% T 4?? It> t 2400 \tb. // le, .81 AC \ / .4? N \ / 5 / / <C.> N ,, // - _ - - __ _ 4.). „, -0 . _.. 6-r 71- / -..s..\,. 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