2018-041589 ~ 12115 SW 70th Avenue Washington County,Oregon 2018.041589
06/15/2018 02:26:56 PM
RETURN RECORDED DOCUMENT TO•• D-AE Cnt=1 Stn=31 MARGARITAL
CITY HALL RECORDS DEPARTMENT $25.00$5.00$11.00$60.00-Total=$101,00
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223 02397556201800415890060063
I,Richard Hobernicht,Director of Assessment and
Taxation and Ex-Offlclo County Clerk for Washington
County,Oregon,do hereby certify that the within
Instrument of writing was race ad a d re orded In the i
book of records of said cc
u
Richard Hobernlcht,Director of Assessment and
Taxation,Ex-Offlclo County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 16 TH 'day of TUNE ,2018,by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Tigard Triangle
Partners 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 7 CARTRIDGE WATER QUALITY MANHOLE
QUANTITY 1
IMPERVIOUS AREA (SQ FT) 69,014
PERVIOUS AREA(SQ FT)
FACILITY
QUANTITY
IMPERVIOUS AREA(SQ FT)
PERVIOUS AREA(SQ FT)
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.
Page 1 —Private Storm water Facilities Agreement 50014-36792
6/2/17
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
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 d er 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
Page 2—Private Storm water Facilities Agreement 50014-36792
612117
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
INDIVIDUAL OWNERS SIGN BELOW CORPORATE, LLC PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
Owner(Individual) (Entity name)
By:>:�
Owner(Individual) gn or entity)
Title: M even 6 f—
STATE OF OREGON )
11
) SS.
�`
County of "
This instrument was acknowledged before me on , 2018, by
as r;txf of Tjga;d.
OFFICIAL STAMP
PIOT�RLAUY�pN �jC 0� Go� NO A LIC FOR OR GON
COMMMY COMMISSION XCOMMPIR gNA oA 3'9 62019 My ommission Expires:
CITY OF TIGARD
By:
(City Engineer)
Page 3 —Private Storm water Facilities Agreement 50014-36792
612117
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 terns 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
INDIVIDUAL OWNERS SIGN BELOW CORPORATE, LLC PARTNERSHIP,TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
-71 �r-\�� e far
Owner(Individual) (Entity name)
By:
Owner(Individual) n or entity)
Title: M Bvn 6 t(-
-
STATE OF OREGON }
)ss.
County of 5 Q" "
This instrument was acknowledged before me on , 2018, by
OFFICIAL STAMP
LAUREN ANNE ROSS NO A LIC FOR OREGON
.` NOTARY PUBLIC—OREGON
COMPAI$gION NO. 53546a My ommission Expires:-
6AY COMM'S EXPIRES JANUARY
CITY OF TIGARD
By:
FOX (City Engineer)
Page 3 —Private Storm water Facilities Agreement 50014-36792
6V17
Iter Vault Structure and Catch Basin Unit Operation and Maintenance Plan
Annual inspections are required.The plan below describes maintenance and inspection activities and may be used as an inspection log.Contact the
design engineer,Clean Water Services or City representative for more information.
sedknent accurnuiatian on Sediment accumulation exceeds w ti sedkurent dm top of cartridges
top of finer cartridges with- inch on top of cartridges exceeds w loch cartridges maybe
in filter vault/catch basin plugged and require replacement
T
- i Sediment accumulation on Sediment accumulation on vault floor Remove sediment from vault and Monthly from November
filter vault floor exceeds 4 inches. replace cartridges.Dispose of sediment through April
In accordance with regulatory protocols.
Annually Required
I! Filter Cartrklges Greater than 4 inches of static water Replace filter mrt0ges. Annually and after any major
Submerged remains at cartridge bottom 24 hours If cartridges are plugged with oil, storm(I-loch in 24 hours)
atter storm. look for evidence of additional treatment or sauce control
_ submergence due to backwater or clean up may be needed,NOTE:if
excessive hydrocarbon loading filters haw not been changed in 3
( years,replace bnmedlately
Filter vault/catch basin is in Fi ter structure remains in bypass con- Replace filter cartridges i( Monthly from November
bypass didon(water over the internal outlet fifer vaudt/catchbasin is in bypass through April
baffle wag or submerged cartridges)
during an average rain fall event
Annually Required
Prominent Scum line within Obvious scum fine on structure wall Remove sediment and replace filter Monthly from 10mriber
I filter vauf/catch basin above top cap of cartridge that is cartridges through April
more than w Inch
Annually Required
= Filter vault access cover One maintenance person cannot re- Repair or replace caret Ensure cower Annually Required
damaged or riot working move Rd using 80 pounds of lift;corer is waking to specifications
%,- is corroded or deformed
4
A
F
EXHIBIT"A"
Legal Description
PARCEL 1:
A portion of that certain tract as described in Book 262,page 471,Washington County Deed Records and State of
Oregon,as follows:
Beginning at the Southeast comer of the George Richardson Donation Land Claim No.38 in Section 1,Township
2 South,Range 1 West,of the Willamette Meridian;thence North 3'10'West 236 feet to a point;thence North
88'34'East 359.5 feet to the true point of beginning of the tract herein to be conveyed;thence North 0'20'East
215 feet to a point;thence South 88'34'West 107.4 feet to a point;thence North 0'20'East 210.65 feet to a point;
thence North 88'34'East 307.4 feet to a point;thence South 0'20'West 425.65 feet to a point;thence South
88'34'West 200 feet to the point of true beginning of this description.
EXCEPTING THEREFROM the following:
Beginning at a point which bears North 88'34'East 75 feet from the Southeast corner of Parcel II of that tract
deeded to C.J.and D.A.Fleming recorded in Book 266,page 23,Deed Records,Washington County,Oregon;
said point being North 3'10'West 451 feet and North 88'34'East 330.23 feet from the Southeast corner of the
Geo.Richardson Donation Land Claim No.38;thence running from the true point of beginning North 0920'East
210.65 feet to a pant;thence North 88'34'East 75 feet to a point;thence South 0'20'West 210.65 feet to a point;
thence South 88'34'West 75 feet to the place of beginning.
FURTHER EXCEPTING THEREFROM the following:
Beginning at the Southeast corner of Parcel II of that tract of land deeded to C.J.and D.A.Fleming recorded in
Book 266,page 23,Deed Records,Washington County,Oregon,said point being North 3'10'West 451 feet and
North 88'34'East 255.23 feet from the Southeast comer of the Geo.Richardson Donation Land Claim No.38;
thence running from the true point of beginning North 0'20'East 210.65 feet to a point;thence North 88'34'East
75 feet to a point;thence South 0'20'West 210.65 feet to a point;thence South 88'34'West 75 feet to the true
place of beginning.
FURTHER EXCEPTING THEREFROM the following:
A portion of that tract of land conveyed to Emil Nordling,at ux,by Deed recorded October 29,1954 in Book 362,
page 67,Deed Records of Washington County,Oregon:
Beginning at the Southeast corner of the George Richardson Donation Land Claim No.38 in Section-1,Township -- -- —
2 South,Range 1 West,of the Willamette Meridian,in the County of Washington and State of Oregon;thence
North 3'10'West 236 feet to a point;thence North 88'34'East 459.5 feet to the true point of beginning of the tract
to be herein described;thence North 0'20'East 185 feet;thence North 88'34'East 100 feet to the East line of the
aforementioned Nordling Tract;thence South 0'20'West along said East line 185 feet to the Southeast corner
thereof;thence South 88'34'West 100 feet to the true point of beginning.
FURTHER EXCEPTING THEREFROM the following:
Beginning at the Southeast corner of the George Richardson Donation Land Claim No.38,in Section 1,Township
2 South,Range 1 West of the Willamette Meridian,in the County of Washington and State of Oregon;thence
North 3'10'West 236 feet to a point;thence North 88'34'East 359.5 feet to the true point of beginning of the tract
herein described;thence North 0'20'East 185 feet;thence North 88'34'East 100 feet;thence South 0'20'West
185 feet;thence South 88'34'West 100 feet to the true point of beginning.
TOGETHER WITH an easement for road and street purposes described as follows:
Beginning at a point North 3'10'West 421 feet from the Southeast corner of the George Richardson Donation
Land Claim No.38,in Section 1,Township 2 South,Range 1 West of the Willamette Meridian;thence North
88'34'East 370.8 feet to a point;thence North 0'20'East 30 feet to a point;thence South 88'34'West 362.63 feet
to a point;thence South 3'10'East 30 feet to the point of beginning.
PARCEL 2:
Parcel 3,PARTITION PLAT NO.2012-009,recorded March 19,2012,Recorder's No.2012-020371,City of
Tigard,Washington County,Oregon.
TOGETHER WITH that common roadway access as set forth in Amended and Restated Declaration of
Cross-Parking,Roadway Maintenance and Easement Agreement,recorded May 4,2012,Recorder's No.
2012-036500.
Deed(Statutory Warranty).Legal Printed: 12.01.15 @ 12:46 PM by LM
OR01368.doc I Updated:07.06.15 Page 2 OR-FT-FPVM-01520.472001.45141516750