2018-075820 ~ 13125 SW Pacific Highway ~ School Street wkahinoW county,tNegon 2018-075820
11/05/2018 01:56:37 PM
RETURN RECORDED DOCUMENT TO: °'^E C"t`1 SM=30 RECORD51
CITY HALL RECORDS DEPARTMENT $30.00 115.00$11.00 W-00-TOW=;106.00
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard,OR 9722302435977201800758200060060
I,RIeMM Nobemk:M,Dlreetor�AueameM erx!
Taxatlon and Ex-0Mcle County Clerk for VVnhlnpton
County,C c:de hereby corm that tM adgiln
InatrumaM of aMdnp ares racelved a "�Mad in Me
book of racoMs of nld cou��r PSN
Richard Motnmieht,Director of Aeeeaament and
Taxation,EwMale Courtly Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this day of U 20Bby and between the
CITY OF TIGARD,a municipal corporation of the State of Oregon(Tigard)and Tigard Pacific RE,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: 60"PRETREATMENT WATER QUALTIY
MANHOLE
QUANTITY: 1
IMPERVIOUS AREA(SQ FT)
PERVIOUS AREA(SQ FT)
FACILITY: STORMTECH SC 310 DETENTION SYSTEM
QUANTITY: 1 (285 LINEAL FEET WITH 40
CHAMBERS)
IMPERVIOUS AREA(SQ FT)
PERVIOUS AREA(SQ FT)
Page I —Private Storm water Facilities Agreement 500+4.3M2
&2/17
rU r�
FACILITY: 72" 4 CARTRIDGE LOW DROP CONTECH
STORM FILTER MANHOLE.
QUANTITY: 1
IMPERVIOUS AREA(41,382 SQ FT)
PERVIOUS AREA(SQ FT)
FACILITY: 48" FLOW CONTROL MANHOLE
QUANTITY: 1
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.
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.
Page 2—Private Storm water Facilities Agreement 50014-3P92
6017
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.
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 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
INDIVIDUAL OWNERS SIGN BELOW CORPORATE,LLC PARTNERSHIP,TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
To a P..F- LLC
Owner(Individual) (Entity name)
Page 3—Private Storm water Facilities Agreement W014-36792
6"7
fY�'
By: `��;r
Owner(Individual) (Sign here for entity)
Title: IUv vy �
STATE OF( T
JONI
TO
Notc
SS Stateado
Notary ID008814
County of ) Commissio03-24-2022
This instrument was acknowledged before me on R , 20 PO 4y
72ie zva as !e ?W l ba e of -Fi Aa "r�i
kA
NOTARY PUBLIC FOR
My Commission Expires: �• �� Z
CITY OF TIGARD
By:L&z�
-d rotue--
(City Engineer)
i
I
Page 4—Private Storm water Facilities Agreement 50014-36792
WM7
fTTTI I I
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W •*. Exhibit A
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I PARCEL 1 .`
31
PROPOSED SPECIALTY RETAIL I °
FFE:210.90
/ I
GENERAL
COMMERCIAL
°
ZONING
y: dOlS
SW PAC/F/C H/GHWA Y
APN:8465696 Statutory Special Warranty Deed File No.:NCS-697297-PHX1(tpa)
-continued Date:10/18/2017
EXHIBIT A
LEGAL DESCRIPTION: Real property in the County of Washington, State of Oregon, described as
follows:
A tract of land located In Section 2,Township 2 South,Range 1 West of the Willamette
Meridian in the City of Tigard,County of Washington and State of Oregon,described as
follows:
Beginning at an iron rod with a 11/2"aluminum cap Inscribed"pettgohn" marking the
Southeasterly corner of Lot 43 as said Lot is shown and so designated on the Plat of"North
Tlgardville Addition",a duty recorded plat filed In Book 2,Page 27,Washington County Plat
Records,said point of beginning as being the most Westerly corner of the"Schoolhouse"
tract as shown and so designate on said Plat of"North Tigardville Addition";thence,along
the Southeasterly line of Lots 42 and 43 and along the Northwesterly line of said
"Schoolhouse"tract,North 45000'30" East 312.97 feet to a 11/2"iron pipe marking the
most Northerly corner of said"Schoolhouse"tract;thence,along the Northeasterly line of
said"Schoolhouse"tract,South 44059'30" East 185.38 feet to a 5/8"iron rod with red
plastic cap inscribed "W.L.Mc.LS 808"marking a point on the Northwesterly right-of-way
line of S.W.Pacific Highway;thence,along said Northwesterly right-of-way line and along
the arc of a spiral curve,offset 50.00 feet Northwesterly from the centerline of S.W. Pacific
Highway an arc distance of 98.84 feet,said arc being subtended by a chord which bears
South 44013'50"West 98.76 feet;thence,continuing along said Northwesterly right-of-way
line and along the arc of a 2914.79 foot radius curve left(radius point bears South 4603244"
East)through a central angle of 04013'04",an arc distance of 214.58 feet(chord bears
South 41020'44"West 214.53 feet)to a 5/8"iron rod with yellow plastic cap inscribed
"W.L.Mc.LS 808"on the Southwesterly line of said"Schoolhouse"tract;thence,along said
Southwesterly line, North 45001'40"West 200.43 feet to the point of beginning.
EXCEPTING THEREFROM that portion conveyed to the State of Oregon,by and through its
Department of Transportation by Donation Deed recorded October 26, 2017 as Recording
No. 2017-084775; and
EXCEPTING THEREFROM that portion conveyed to the City of Tigard by Dedication Deed
recorded November 2,2017 as Recording No.2017-086795.
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