Loading...
2019-048322 ~ 12800 SE Pacific Hwy • Washington County,Oregon 2019-048322 07/25/2019 04:02:20 PM D-AE Cnt=1 Stn=30 RECORDS1 $25.00$5.00$11.00$60.00-Total=$101.00 RETURN RECORDED DOCUMENT TO: CITY HALL RECORDS DEPARTMENT 111111111111111111111111111111111111111111 CITY OF TIGARD 02501954201900483220050059 13125 SW Hall Blvd. I,Richard Hobernicht,Director of Assessment and ,.-+east. Taxation and Ex-Officio County Clerk for Washington 4 Tigard OR 9722 County,Oregon,dohereby certify that the within1 instrument of writing was received a d re orded In the „*.w.1):.i book of records of said coin • �,Y : Richard Hobernicht,Director of Assessment and 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 day of J L7 2019,by and between the CITY OF TIGARD,a municipal corporation of the State of Oregon (City) and 12740 SW Pacific SP,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): Canister Filter Quantity: 1 Size:72”manhole with 5 canisters Facility type (list each): Canister Filter Quantity: 1 Size: catch basin B. The Facilities enable development of property at 12800 SE Pacific Highway Tigard,OR 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 6rLn 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. NOTARIZE DOCUMENT BELOW Page 2—Private Storm water Facilities Agreement 50014.36792 6✓17 By: 41Title: 1-'' STA 1'h O ` : GON ) ss. County of ) This instrument was ackno :.:ed before me on ,2019,by as of NOTARY PUBLIC F OREGON My Commission Expires: hed Notary See Attacrt�ent Certificate Acknowied9 CITY OF TIGARD By: e�CY° (City Engineer) Page 3—Private Storm water Facilities Agreement 50074.36792 617/17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California (J County of IWL(t.CQL4 JI9 On 1140 �VVV f 9 before me, �l1f�[I 'L YL 1 1)) 16AI �t�C/ Date I� Insert nvme and Title o ,the Officer personally appeared 9/ i4 Name(s) of Signer* who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. MARGARET A. FUJII WITNESS my ha -..:n. offi 'seal. Commission # 2125082 �• ��• 0 Notary ngCaliforniauy //ill "'' Los Angeles County Signature fi M Comm.Expires Au 28,2019 /'"igwee of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do ument ,1 Title or Type of Document: ItiVA� mw - 2iU i>!ylia.PtiaJC • AV-12 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General El Partner — ❑ Limited El General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator El Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 EXHIBIT A LEGAL DESCRIPTION: SUBJECT PROPERTY JULY 25, 2019 PART OF LOT 1, FREWING'S ORCHARD TRACTS, IN THE CITY OF TIGARD, COUNTY OF WASHINGTON AND STATE OF OREGON, DESCRIBED AS FOLLOWS: BEGINNING AT A 3/4 INCH IRON PIPE AT THE MOST EASTERLY CORNER OF LOT A OF THE SUBDIVISION OF LOT 2, AND A PORTION OF LOT 1, FREWING'S ORCHARD TRACTS; AND RUNNING THENCE SOUTH 43°50' EAST, 88.25 FEET ALONG THE NORTHEASTERLY LINE OF LOT F OF SAID SUBDIVISION TO A 3/4 IN IRON PIPE ON THE CENTER LINE OF A SEWER EASEMENT, GRANTED BY MELVINA G. ELLIOTT, ET AL, TO TIGARD SANITARY DISTRICT; THENCE NORTH 45°52' EAST ALONG THE CENTER LINE OF SAID SEWER EASEMENT, 240.16 FEET TO A 5/8 INCH IRON ROD; THENCE NORTH 44°07' WEST, 268.5 FEET PARALLEL WITH THE NORTHEASTERLY LINE OF SAID LOT 1, FREWING'S ORCHARD TRACTS, TO A 5/8 INCH IRON ROD ON THE SOUTHEASTERLY LINE OF SW PACIFIC HIGHWAY; THENCE SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE OF SW PACIFIC HIGHWAY TO A 3/4 INCH PIPE WHICH IS NORTH 45°12' EAST, 10.0 FEET AND NORTH 43°50' WEST, 179.83 FEET FROM THE POINT OF BEGINNING; THENCE SOUTH 43°50' EAST, 179.83 FEET TO A 5/8 INCH IRON PIPE; THENCE SOUTH 45°12' WEST, 10.0 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT RIGHT-OF-WAY DEDICATED TO THE PUBLIC BY SEPTEMBER 19, 2016 BY DEED DOCUMENT NO. 2016-075574, WASHINGTON COUNTY DEED RECORDS. FURTHER EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE STATE OF OREGON, BY AND THROUGH ITS DEPARTMENT OF TRANSPORTATION BY DONATION DEED RECORDED SEPTEMBER 22, 2016 AS DEED DOCUMENT NO. 2016-076716.