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2018-071627 ~ 8701 SW Spruce Street Washington County,Oregon �f®.!$�07A c2y 10/18/2018 12:35:45 PM L i 1 V f D-AE Cnt=1 Stn=30 RECORDS1 RETURN RECORDED DOCUMENT TO: $45.00$5.00$11.00$60.00$20.00•Total=$141.00 CITY HALL RECORDS DEPARTMENT CITY OF TIGARD 13125 SW Hall Blvd. 02431379201800716270090097 Tigard, OR 97223 I,Richard Hobernicht,Director of Assessment and Taxation and Ex-Onlclo County Clerk for Washington County,Oregon,do hereby certNy that the within Instrument of writing Was received a d reSS orded in the;e book of records of said coin Richard Hobernicht,Director of Assessment and Taxation,Ex-Officlo County Clark Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this day of _ ,20T, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) E&V Development(Owner). RECITALS A. Owner has developed or will develop the Facilities Iisted below. (List the type of private storm water facilities on site and the quantity of each type). FACILITY: FLow THROUGH PLANTER QUANTITY: 4 IMPERVIOUS AREA(8,874 SQ FT) PERViQUs AREA(SQ FT) FACILITY: POROUS PAVEMENT QUANTITY: 3600 SQ FT IMPERVIOUS AREA (10,656 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 Ston-n water Facilities Agreement 50014-36792 C>2,'1 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: I. 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 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 term,-,of this Agreement may be amended only by mutual agreement of Page 2 --Private Storm water Facilities Agreement 50014-36792 6QY1 7 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 nan(e) By: Owner(Individual) (Sign here for entity) Title: STATE OF OREGON - J )Ss. County of �-UiAS41 Nj­q�q This instrument was acknowledged before me on 20 by VQ\J I t S a, -'C of City of Tigard. of OFFICIAL STAMP KIMBERLY R TRAVER NOTARY PUB FOR OR ON NOTARY PUBLIC-OREGON Commission qT1' COMMISSION NO.966291 My Commission x ires: goal Y COMMISSION EXPIRES SEPTEMBER 14,2021 CITY OF TIGARD By- J. y ityincer) ty 1:Enll-� Page 3 --- Private Storni water Facilities A greeinent 0014-3C792 &Q'l 7 iv Flow-Through Planter 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 Problem RUMMIAM 11M 1 NIAntenanceTiming V Task Complete Comments Sediment Accumulation in Sediment depth exceeds 3 inches Remove sediment from treatment Treatment Area area.Ensure planter Is level from side to side and drains freely toward SUNIMS FALi. outlet;no standing water within 24 hours after any major storm(1-inch in Ideally In dry season 24 hours) Erosion Erosion or channelization that impacts Repair eroded areas and stabilized or effects the function of the facility or using proper erosion control mea- creates a safety concern sures Establish appropriate vegetation FALL VVINnIt SPRING as needed Inspect after major storm rD 0 (11-inch in 24 hours) > Standing Water Standing water in the planter between Remove sediment or trash blockages. storms that does not drain freely. Grade out areas of mounding and Water should drain after 24 hours of Improve end to end grade so there is %VmnR SPRING dry weather. no standing water. Flow Not Distributed Flow 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 I SPRING Obstructed Inlet/Outlet Material such as vegetation,sediment Remove blockages from facility * 7t trash is blocking more than 10%of %NINTER SPRING the inletfoutlet pipe Inspect after major storm (1-inch in 24 hours) lCD Flow-Through Planter 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 Problem Condition to Check for Maintenince Activity Mlintenince Timing t/Tisk Complete Comments Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and and no bare areas large enough to 49- correct the condition;replant with affect function of facility, plugs or containerized plants per ap- SPRIW FALL proved plans and applicable standards Ideal time tD plant Is spring and at time of construction.Remove ex- fag seasons cessive weeds and all invasive plants. _n0 Invasive Vegetation as Invasive vegetation found in facility, Remove excessive weeds and all ::3 7t outlined in Appendix A Examples include:Himalayan Blackber- invasive plants.Attempt to control , SUMMER FALL > ry,Reed Canary Grass;Teasel, even If complete eradication is not 711 English Ivy,Nightshade,Clematis, feasible.Refer to Clean Water Services CattailThistle Integrated Pest Management Plan for CID appropriate control methods,Includ- Ing proper use of chemical treatment. Excessive Vegetation Vegetation grows so tall it competes Prune over-hanging limbs,if possible; with or shades approved emergent remove brushy vegetation as needed. WING wetland grass/shrubs;interferes with Prune emergent wetland grass/shrubs Ideal time to prune emergent access or becomes a fire danger that have become overgrown. wetland grass is spring Vector Control Evidence of rodents or water flowing Repair damage to facility. Remove As Needed through facility via rodent holes.Harm- harmful insects,call professional if ful insects such as wasps or hornets needed.Refer to Clean Water Services present Integrated Pest Management Plan for management options. Flow-Through Planter 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 Problem Condition to Check for Maintenance Activity Maintenince Timing V Tisk Complete Comments Trash and Debris visual evidence of trash,debris or 'Remove and dispose of trash and debris dumping. from facility.Dispose of properly SPRING SUMMER FALL WINTER Contamination and Evidence of oit gasoline,contaminants, If contaminants or pollutants present, Pollution or other pollutants.Look for sheens, coordinate removal/cleanup with local -t # odor or signs of contamination. jurisdiction. SPRING SUMMER FALL WINTER Q-1 Outlet Structure Damaged Grate or overflow structure Is missing Repair or replace outlet structure. As Needed rD or only partially in place and may rD Crave missing or broken grate members. rD r. rf) Cr Porous Pavement 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. V Task Complete Comments Identified Problem Condition to Check for Miintenance Activity Maintenance Timing Surface is Clogged Water infiltrates unevenly across Recommend vacuum sweep at least surface or ponds in low areas twice per year,if pavement surface has become significantly dogged SUMMER FALL use low pressure washer to restore permeability,do not use surfactants Cracked or moving edge Cracked or moving edge constraints, Repair all cracks,settlement or other As Needed CL < constraints;cracked or cracked or settled pavement that af- defects that affect performance of I'D 7D 0 settled pavement fects overall performance of stormwa- structural components.Refer to ter structural components manufacturers'specifications > Leaf,soil deposition on Leaf litter that could affect stormwater Sweep leaf litter and sediment to -73 71 surface infiltration through pavement.Look prevent surface dogging and ponding. 9. for soil washout from adjacent planted Planted areas adjacent to porous FAU t areas pavement should be well maintained During M season.As needed CJ to prevent soil washout onto the -:5 CL pavement Excessive weeds Weeds cover 10%of the surface area Remove weeds by hand,or use an herbicide approved for use around sensitive areas;refer.to Clean Water SMNG SUMMER FALL Services Integrated Pest Management During the growing season Plan for appropriate control methods, Including proper use of chemical treatment Settling of pavers or lack of Filter medium between pavers re- Reset pavers and replace pore space As Needed aggregate around pavers duced.Aggregate loss in pavers from with aggregate from original design settling and power washing Visual evidence of trash, Any debris or trash that could dog the Remove trash or debris and vacuum As Needed debris or dumping surface sweep area if necessary EXHIBIT '°A" Legal Description Parcels 2 and 3.PARTITION PLAT 1990-063,in the City of Tigard,County of Washington and State of Oregon. Bargain and Sale Deed Printed: 04.11.17 @ 03.01 PM by PP ORD1034.doo/Updated: 03-25.16 Page 3 OR-CT-FNPT-02796.472550-5472515524761 Non-Order Search Page 3 of 3 Requested By:amyfreed,Printed: 10/17/2018 1:55 PM Doc:ORWASH:2017 00030727 CONSTRUCT10N NOTES I PLANTER 018, (D INST'LL Roc"Dom,DOMINVOUT,mm WALL e m Mo DRNK mm RD nD1151RRP NY IV MVIDUS PAWNENT-W UNDEN.M. m OCT-It.MEET o-Z NwLL ruDoN Diw,w 1RASN maumme Pm STALL NT =NEC7 NEW 4'"WARY VIDNER LATIOUN.M EXIIIING NAWDLE RIN-M7 Oe CT NEW 4'SMUTARY IIEAER LATER&TO EXWTNQ At(!)'NST"o"App""�11*1114 m SIT ow m INN-Imo ND "It ON PEWORATED PIPE INLET W�2'DRILLED 0411'IM HUE IN. INSTRUL M V sTa,N,oiuiR ( INSTALL$T6W INLET(SEE KIXIC STREET INVADLEWENR PLAiQ IN IN To".".. I Do r-",m VALL m STDN, El Iii 11 WWTDRM CAT D .BEE MNICWMTM M ,DDN`RACRpR Is REBPDN9WIE TO A NCCRI MIND 3 WATER INDINIM LATERALS AT W _.TE r um scNwE DETAIL 702 t —ETEBTND WATER�01.0 wETER;,DN_,voN M." 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