2018-071426 ~ 12790 SW Ash Avenue bJ ti.J
Washington County,Oregon 2018-071426
RETURN RECORDED DOCUMENT TO: D-AE 10/17!2018 03:16:18 PM
CITY HALL RECORDS DEPARTMENT Stn=11 C WHITE
CITY OF TIGARD $20.00 S11.00$5.00$60.00 $96.00
I,Richard Hobernieht,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
recorded in the book of records of said county.
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 13L day of 1�b , �`'��by and between the CITY OF
TIGARD,a municipal corporation of the State of Oregon(City)and Premium Progeny-Turd,LLC.(Owner).
RECITALS
N 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).
M Facility type(list each)Storm Water Filter Inlet(3 cartridge) Quantity) 1
�o B. The Facilities enable development of property while mitigating the impacts of additional surface
VA— water and pollutants associated with stormwater runoff prior to discharge from the property to the public
K-J stormwater system. The consideration for this Agreement is connection to the public stormwater system.
c—
:3- C. The property benefited by the Facilities and subject to the obligation of this Agreement is
W described below or in Exhibit A(Property)attached hereto and incorporated by reference.
J
~ Taxlot 2S 102AD03051
1=
C) 12790 SW Ash Ave.
Q
C3 See Attached Exhibit A
V 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
stormwater system.
NOW,THEREFORE,it is agreed by and between the parties as follows:
1. OWNER RESPONSIBILITIES Owner shall operate and maintain each Facility in accordance
with an Operations and Maintenance Plan(O&M Plan) submitted by Owner and reviewed and approved by City
during the development process.
Page 1 —Private Stormwater Facilities Agreement 6ono-38792
7iH/e015
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
This Agreement is made and entered into this 13'x-day of by and between the CITY OF
j TIGARD, a municipal corporation of the State of Oregon(City) and Premium Propt-M-TTimrd.LLC. (Owner).
RECITALS
NA. 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).
M Facility type (list each) Storm Water Filter Inlet (3 cartridges Quantity ) 1
�o B. The Facilities enable development of property while mitigating the impacts of additional surface
VA— water and pollutants associated with stormwater runoff prior to discharge from the property to the public
c—
stormwater system. The consideration for this Agreement is connection to the public stormwater system.
C. The property benefited by the Facilities and subject to the obligation of this Agreement is
W described below or in Exhibit A(Property) attached hereto and incorporated by reference.
J
~ Taxlot 2S 102AD03051
P
0 12790 SW Ash Ave.
Q
V See Attached Exhibit A
V 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
stormwater system.
NOW,THEREFORE,it is agreed by and between the parties as follows:
1. OWNER RESPONSIBILITIES Owner shall operate and maintain each Facility in accordance
with an Operations and Maintenance Plan(O&M Plan) submitted by Owner and reviewed and approved by City
during the development process.
Page 1 —Private Stormwater Facilities Agreement 50044-36792
2/9/2045
The O&M Plan for the water quality manhole shall be in accordance with the manufacturer's
recommendations for O&M. At a minimum,the following procedures that use common equipment and existing
maintenance protocols are required:
a. Inspection: At least once a year,before the winter season.After major storm events, filters
shall be inspected for damage. Inspect the manhole interior to determine the need for maintenance.
b. Maintenance: Frequency may be adjusted in response to monitoring information from regular
inspections.
c. Cartridge replacement: Replace cartridges as needed per the maintenance checklist, or every
3 years if no checklist problems exist. All cartridges shall be replaced after a chemical or fuel spill,regardless of
their age.
d. Sediment removal: Accumulated sediment found in stormwater treatment and conveyance
systems shall be handled and disposed of in accordance with regulatory protocols.
Owner agrees to operate, inspect and maintain each Facility in accordance with the O&M Plan. Owner
shall maintain a log of inspection activities. The log shall be available to City upon request or 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 thirty (30)days after Owner's inspection or City notice, 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.
b. 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 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.
Page 2—Private Stormwater Facilities Agreement 30014-36792
2/92015
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
CITY OF TIGARD CORPORATE, LLC PARTNERSHIP,TRUST
OR OTHER LEGAL ENTITY SIGN BELOW
By: J Premium Propegy-Tiagrd,LLC.
City Manager or Designee (Entity name)
By
(Sign here en
�( t
Title:
STATE OF OREGON )
) ss.
County of Wo S n-n4�' )
This instrument was acknowledged before me on_ ,c U C=12�) 3 , 24" by
i
f of City of Tigard.
a IAL A
BETSY GALT IA
140TARY PUBLIC-OREGON
COMMISSION NO.925741
MY COMMISSION EXPIRES MARCH 09,201 IN TARY PUBLIC FOR OREQOT1 _
My Commission Expires: 5 c
STATE OF OREGON )
) ss.
County of NAUM M4*7 )
This instrument was acknowledged before me on _, 201 by
Qr,1Q� y1'Y15 of - �'rti LVY� �IL
STALP
4TT
-RFIcON NOTA Y PUBLICFOR OREGON
COMMISSION "'' 926907
nr te�� ter ;zv�4
'r'.
a�. 2016 My Commission Expires:
A1014 1
OFFICIAL STAMP
Page 3 —Private Stormwater Facilities Agreement40 ERIN J B*Ea 792
E N1 NOTARY PUBLIC-G �ON
21912015NOTARY
NO. M907
41111n0111 IPM AM rIt all
Exhibit A
That portion of the following described property, lying within
Tax Lot no. 2S102AD03051, aka 12790 SW Ash Avenue
A tract of land being a portion of Lot 5 of the plat of `BURNHAM TRACT" located in the
Northeast One-Quarter of Section 2, Township 2 South, Range 1 West of the Willamette
Meridian, in the City of Tigard, County of Washington and State of Oregon and being more
particularly described as follows:
Beginning at the Southeast corner of Lot 5 of the plat of`BURNHAM TRACT" being a 3/4 inch
iron pipe; thence North 43°16'11" West 71.49 feet to a point; thence North 39°44'30" West
39.15 feet to a point; thence North 45°21'36" West 6.34 feet to a point; thence North 12°53'35"
West 42.34 feet to a point; thence North 34°58'59" East 43.75 feet to a point; thence North
44°38'24" East 27.78 feet to a point; thence North 45°21'36" West 9.10 feet to a point; thence
North 37°10'33" East 20.73 feet to a point; thence North 44°38'24" East 50.97 feet to a point;
thence North 06°38'24" East 26.98 feet to a point; thence North 28°16'23" West 126.55 feet to a
point on the Southeasterly right-of-way of S.W. Ash Avenue (20 feet from centerline); thence
along said right-of-way North 44°30'29" East 192.20 feet to a point; thence South 45°29'39"
East 17.50 feet to a 5/8 inch diameter iron rod with yellow plastic cap inscribed "AKS ENGR."
And being on said right-of-way (37.5 feet from centerline); thence along said right-of-way North
44°30'29" East 55.37 feet to a point; thence along a curve to the right with a radius of 237.50
feet, delta of 17°13'20", length of 71.39 feet, and chord of North 53°07'09" East 71.12 feet to a
point; thence North 61°43'49" East 138.76 feet to a point; thence along a curve to the right with
a radius of 21.50 feet, delta of 75°00'00", length of 28.14 feet, and chord of South 80'46'11"
East 26.18 feet to a point along the southwesterly right-of-way of S.W. Burnham Street (37.5
feet from centerline); thence along said right-of-way South 43°16'11" East 9.39 feet to a point;
thence leaving said right-of-way South 44°31'36" West 232.50 feet to the Southwesterly corner
of that land described in Document No. 2010-103509; thence South 43'16'1 V East 69.42 feet to
the Southeasterly comer of said land; thence South 44030'13" West 17.00 feet to a 5/8 inch iron
rod with yellow plastic cap inscribed "WEDDLE LS 874" at the Southwesterly corner of that
land described in Document No. 2003-194237; thence South 43°16'11" East 140.48 feet to a 5/8
inch iron rod with yellow plastic cap inscribed "WEDDLE LS 874" on the Northwesterly line of
Lot 6 of the plat of `BURNHAM TRACT"; thence South 44°38'24" West 438.30 feet to the
point of beginning.