2019-078255 ~ 11123 SW 68th Parkway Washington County,Oregon 2019-078255
10/31/2019 01:41:22 PM
RETURN RECORDED DOCUMENT TO: D-AE Cnt=1 Stn=30 RECORDSI
CITY HALL RECORDS DEPARTMENT $20.00$5.00$11.00$60.00-Total=$96.00
CITY OF TIGARD
13125 SW Hall Blvd. I IIIIIIIIII ll 11111111 1111111 111111 IIIII
Tigard, OR 97223 02534524201900782550040040
I,Richard Hobernlcht,Director of Assessment and ,,,,41:04?
Taxation and Ex-Officio County Clerk for Washington
County,Oregon,do hereby certify that the within
Instrument of writing was recalved a d re99orded in the
,fy,,, f
book of records of said cou . Dt' LM y
Richardh= Director of Aesassment and •• -v
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 29" day of October, 2019, by and between the CITY OF
TIGARD, a municipal corporation of the State of Oregon (City) and RPC Tigard 68,LLC,a Delaware limited
liability company (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).
I
FACILITY VEGETATED SWALE
IMPERVIOUS AREA SQ FT 79,000-SF
FACILITY
pp c
IMPERVIOUS AREA SQ FT 1
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.
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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.
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
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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
RPC Tigard 68,LLC,a Delaware limited liability company
Owner(Individual) (Entity name)
By: G('s� ,a
Owner(Individual) '(Sign here for entity)
Greg Bates, Manager
STATE OF TEXAS )
) SS.
COUNTY OF DALLAS )
This instrument was ack ayiR4ged before me on October 29th, 2019, by Greg Bates as Manager of RPC
Tigard 68, LLC, a Delawompany.
„eV = NOTARY PUBLIC FOR TEXAS
S'>• ryti` My Commission Expires: leh al , at-0-a-
'
ii'''i,'Es 02`'
CITY OF TIGARD
By:
(City Engineer)
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Exhibit A
PARCEL I
A PORTION OF LOT 1,WAY LEE(PLAT BOOK 35,PAGE 0042),A DULY RECORDED SUBDIVISION,IN
TIE CITY OF TIGARD,COUNTY OF WASHINGTON AND STATE OF OREGON, AS FOLLOWS:
BEGINNING AT TIE SOUTHEAST CORNER OF SAID LOT 1;
THENCE NORTH 00°26'47"EAST,658.08 FEET TO A POINT ON TIE SOUTH LIFE Of THAT PARCEL
CONVEYED TO WAY W.LEE,GENERAL CONTRACTOR,INC.,AN OREGON CORPORATION,BY DEED
RECORDED FEBRUARY 26,1975 IN MIME 1012,PAGE 0172,WASHINGTON COUNTY RECORDS;
THENCE WEST ALONG SAID SOUTH LINE TO ITS INTERSECTION WITH TIE WEST LIFE OF SAID LOT 1;
THENCE SOUTH 00°42'09"WEST,659.31 FEET TO THE SOUTHWEST CORNER OF SAID LOT;
THENCE SOUTH 89°58 5S"EAST,330.16 FEET TO THE POINT OF BEGJ NNING.EXCEPTING THEREFROM
THAT PORTION CONVEYED TO TIE CITY OF TIGARD BY WARRANTY DEED RECORDED OCTOBER 31,
1985 AS FEE NO.85043572.
THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01,2008.
PARCEL II
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 36,TOWNSHIP 1 SOUTH,RANGE 1 WEST,
WLLIAMETTE MERIDIAN,IN THE QTY OF TIGARD,WASHINGTON COUNTY,OREGON,DESCRIBED AS
FOLLOWS:
COMMENCING AT AN OLD'A-INCH PIPE CALLED TIE POINT OF BEGINNING OF COMITY AS FEE NO.
80014679,PARCEL III;
THENCE ALONG THE NORTH LINE OF SAID PARCEL III ON A BEARING(BASIS OF WHICH IS THE
OREGON STATE PLAE COORDINATE SYSTEM)OF NORTH 88°12'15"WEST A DISTANCE OF 150.67
FEET TO THE POINT OF BEGINNING OF THE LAND TO BE DESCRIBED;
THENCE ALONG TIE ARC OF A 400.00 FOOT RADIUS CAVE TO THE RIGHT,THROUGH A CENTRAL
ANGLE OF 04°56'S3',AN MC DISTANCE OF 34.54 FEET(THE CHORD BEARS NORTH 26°39'01"WEST
34.53 FEET)TO A POINT IN THE EAST LICE OF LOT ONE OF THE PLAT OF"WAY LEE"(PLAT BOOK 35,
PAGE 0042);
THENCE ALONG TIE AFOREMENTIONED LOT LINE SOUTH 01°39'56"WEST A DISTANCE OF 30.36
FEET TO A PIPE,IN TIE NORTH LIFE OF PARCEL III AS DESCRIBED IN COUNTY AS FEE NO.80014679;
THENCE ALONG SAID NORTH LINE SOUTH 88°12'15"EAST A DISTANCE OF 16.38 FEET TO THE POINT
OF BEGItI41NG.
THE LEGAL DESCRIPTION WAS CREATED PRIOR TO JANUARY 01,2008.
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