2019-068701 ~ 13030 SW 115th Avenue ~ 11850/11900 SW 95th Avenue Washington County,Oregon 2019-068701
' RETURN RECORDED DOCUMENT TO: 10/02/201912:17:00 PM
CITY HALL RECORDS DEPARTMENT D-AE C00- taCORDSi
$25.00$5.00$11..0000$600..00-Total=$101.00
CITY OF TIGARD
13125 SW Hall Blvd. 1111111111 II IIIIII II I 11111111111i
Tigard, OR 9722 02524235201900687010050052
I,Richard Hobernicht,Director of Assessment andtics1,rr.\
Taxation and Ex-Officio County Clerk for Washington
County,Oregon,do hereby certhy that the within p.
instrument of writingwas received a d re orded In the
book of records of sid coin / D�+fi1M�UlA 4v lr ;2i
Richard Hobernicht,Director of Assessment and 044.
Taxation,Ex-Officlo County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this 10th day of September 2019,by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon(City) and Harlan S. Borow(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): Flow-through Planter Quantity: 1 Size: 422.5 SQ FT
Flow-through Planter Quantity:1 Size: 256.8 SQ FT
B. The Facilities enable development of property at 13030 SW 115th Avenue Tigard, Oregon 97223
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
6/2/17
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
6/2/17
Ti4r.
By: i�r/
Title: 9-: 1/1.
STATE OF OREGON )
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County of Ca c.Qo-,,Uva e" )
This instrument was acknowledged before me on -C ott.Wt (,(0 , 20 l w , by
.Ni1/ain BO VDUJ as NA-A Jo, . of t 30'0 I (5Alvri`T a.49t .
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+�"'te. OFFICIAL STAMP , 'Y ' B IC FOR ORE ON
JOYCE ELIZABETH JAMESON y C•mmis , • Expires: ( - l�
T•7"--:,,,',
' NOTARY PUBLIC-OREGON \
,., COMMISSION NO.969988
MY COMMISSION EXPIRES JANUARY 11,2022
CITY OF TIGARD
By: Ci4iii 11✓
(City Engineer)
Page 3 -Private Storm water Facilities Agreement 50014-36792
6/2/17
CIT SURVEYING AND CONSULTING INC
EXHIBIT A, SHEET 1 OF 2
SEPTEMBER 6,2019 PROJECT NO. 165-038
LEGAL DESCRIPTION—PARCEL 1
A TRACT OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN DOCUMENT NO.2018-050994,
WASHINGTON COUNTY DEED RECORDS,LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 3,
TOWNSHIP 2 SOUTH, RANGE 1 WEST, OF THE WILLAME Fib MERIDIAN, CITY OF TIGARD,
WASHINGTON COUNTY,OREGON,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PROPERTY, ALSO BEING A POINT ON THE EAST
RIGHT-OF-WAY LINE OF S.W. 115TH AVENUE;THENCE ALONG THE WEST LINE OF SAID PROPERTY,
ALSO BEING ALONG SAID EAST RIGHT-OF-WAY LINE, BEING PARALLEL WITH AND 20.00 FEET
EASTERLY OF, RIGHT ANGLE MEASURE,THE CENTERLINE THEREOF,NORTH 00°57'08"EAST, 140.35
FEET TO THE NORTHWEST CORNER OF SAID PROPERTY; THENCE LEAVING SAID WEST PROPERTY
LINE AND EAST RIGHT-OF-WAY LINE, ALONG THE NORTH LINE OF SAID PROPERTY, ALSO BEING
ALONG THE SOUTH LINE OF THE PROPERTY DESCRIBED IN DOCUMENT NO.2015-061734,WASHINGTON
COUNTY DEED RECORDS, SOUTH 89°48'09" EAST, 202.70 FEET TO A POINT; THENCE LEAVING SAID
COMMON PROPERTY LINE,SOUTH 00°11'51"WEST,24.00 FEET;THENCE NORTH 89°48'09"WEST, 12.04
FEET;THENCE SOUTH 00°52'27"WEST, 101.09 FEET;THENCE SOUTH I3°22'25"EAST, 15.42 FEET TO A
POINT ON THE SOUTH LINE OF SAID DOCUMENT NO. 2018-050994 PROPERTY; THENCE ALONG SAID
SOUTH PROPERTY LINE, ALSO BEING ALONG THE NORTH LINE OF THE PLAT OF "GENESIS NO. 3,"
NORTH 89°52'36"WEST, 194.93 FEET TO THE POINT OF BEGINNING.
CONTAINING 25,977 SQUARE FEET,MORE OR LESS.
REGISTERED
PROFESSIONAL
LAND RVEYO
OREGON
JULY 12, 2005
SHAUN P. FIDLER
50333
RENEWAL DATE DECEMBER 31, 2019
20330 SE Highway 212 * Damascus, OR 97089
[Ty 503.850.4672 * [F] 503.850.4590
Y:\165-038\documents\165-038 PARCEL-1 LGL.docx
I
CMT SURVEYING AND CONSULTING
20330 SE HIGHWAY 212. DAMASCUS, OR 97089 - (503) 850-4672 FAX (503) 850-4590
ACLIENT:
DDRESS: 1303 CSW 1115THEAVEOMES EXHIBIT A, SHEET 2 OF 2
LEGAL: SE 1/4 SEC 3 T2S R1W WM
DRAWN: RLMc 9/6/2019 1"=40' d
JOB NO: 165-038 SKETCH2
DEED DOCUMENT
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PROFESSIONAL
LAND EYOR
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JULY 12, 2005
SHAUN P. FIDLER
50333
EXPIRES DECEMBER 31, 2019
SKETCH TO ACCOMPANY LEGAL DESCRIPTION
A PORTION OF DOCUMENT NO. 2018-050994
LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 3,
TOWNSHIP 2 SOUTH. RANGE 1 WEST, OF THE WILLAMETTE MERIDIAN, CITY OF TIGARD, WASHINGTON COUNTY, OREGON