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2019-084921 ~ 13305 SW Pacific Highway ~ 133005 Washington County,Oregon 2019-084921 11/22/2019 03:50:17 PM D-AE Cnt=1 Stn=30 RECORDS1 $40.00$5.00$11.00$60.00-Total=$116.00 After recording return to: 1111 I ll MI IMII 11111 I III II City Hall Records Department I 1111111 02541657201900849210080080 City of Tigard I,Richard Hobernicht,Director of Assessment and .ir'a�nLr� 131255W Hall Blvd. Taxation and Ex-Officio County Clerk for Washington � ,, , County,Oregon,do hereby certify that the within Tigard OR instrument of writing was received a d recorded in the' ..�' ., book of records of said cou toil v r `1' 97223 Richard Hobernicht,Director of Assessment and �,-3rjsd' Taxation,Ex-Officio County Clerk RETURN RECORDED DOCUMENT TO: RECEIVED • CITY HALL RECORDS DEPARTMENT CITY OF TIGARD MAY 3 0 2019 13125 SW Hall Blvd. CITY OF TIGARD Tigard, OR 9722 PLANNING/ENGINEERING Space above reserved for Washington County Recording information PRIVATE STORMWATER FACILITIES AGREEMENT This Agreement is made and entered into this 1st day of April 2019,by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon(City) and Joseph A. Weber(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: 207 ft2 Impervious Area: Quantity: Size: 8,202 ft2 Pervious Area: Quantity: Size: 19.417 ft2 B. The Facilities enable development of property at Taco Bell on Highway 99 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: Page 1 —Private Storm water Facilities Agreement 50014-36792 6/2/17 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 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. Page 2—Private Storm water Facilities Agreement 50014-36792 6/2/17 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 WE$F/. COASTAL DELLS L-f Owner(Individual) (Entity name) By: • Owner(Individual) ign here for entity) Title: 1.(2"ES DE*" STATE OF OREGON ) ss. County ofC� ,v?,e.- ) This instrument was acknowledged before me on /921 duX' / , 20 / 9' , by J ? A 4- he` as P17-6(LGtQGG4 of City of Tigard. derA&i,U ' ,12;t4 =YAWN JONi NEL PETERSON NOTARY 'if:LIC FOR O GON Q.,` f �' .�� MyCommission Expires:` COMMISSION NO.- 969499 MY COMMISSION EXPIRES DECEMBER 25,2021 CITY OF TIGARD By: (City Engineer) Page 3 –Private Storm water Facilities Agreement 50014-36792 6/2/17 kall=r Legal Description, Continued Order Mo., 800971w A parcel of land located in the Southwest one-quarter of Section 2, Township 2 South, Range 1 Nest of the Willamette Meridian, in the Clty of Tigard, County of Washington and State of Oregoe and being a part of that parcel of land conveyed to TBLD Corp. (a California corporation) and recorded august 18, 1993 in Document No. • 93-067756, and a part of that parcel of land conveyed to Taco Bell Corp. (a California corporation) and recorded on October 29, 1993 in Document No. .93-090339, Washington County Deed Records. Said parcel of land being more particularly described as follow., Beginning at the Northwest corner of said VOLD Corp. property, said point being on the Southerly right-of-way line of Southwest Park Street (24.80 fest from the centerline), said point being South 00' 02' 35' West along the Westerly line of said Section 2 a distance of 672.60 feet to the centerline of said Southwest Park Street and North 89° 10' 42" Beat along said centerline a distance of 486.76 feet, and South 00. 49' 18' East a distance of 24.90 feet from the Nest one-quarter corner of said Section 21 thence South 28' 42' 41'Nest along the Westerly line of"said VELD Corp. property a distance of 78.24 feet to the true point of beginning of the parcel of land herein described/ thence South 56° 44' 43' East a distance of 160.50 feet to a point on the Westerly right-of-way line of Southwest Pacific Highway (0.8..:99M)'i thence South 33' 15' 171 West along said Westerly right-of-way line a distance of 15.44 feet to an angle point in the Easterly line of Chst.parcel described ea Parcel I in said Taco Bell Corp. Deed (Document No. 93-090339), thence North S6' 44' 43' West along said Westerly line a distance of 0.51 feet, thence South 38° 18' 30' We along laid Easterly line a distance of 139.75 feet to a point of.curve, thence continuing along said Easterly line along a 40.00 foot radius curve to the right, through a Central angle of 84' 57' 43' an arc distance of 59.31 feet (the long cho of said curve bears North 80' 47' 21' Nest a distance of 34.03 feet) to a point on the Southerly line of acid Parcel I, thence North 56" 43' 47' Neat along the Southerly line of maid Parcel I a distance of 108.00 feet to the Southwest corner said Patcel I, thence North 19° 30' 000 East along the Westerly line of said Parcel I a distance of 143.00 feet to the Northwest corner of said Parcel I, thence North 89' 10' 42' East along the Northerly line of said Parcel I a distance of 44.14 fest to the Southwest corner of said TBLD Corp. property, thence North 20'42' 41' East along the Westerly line of said TBLD Corp., property a distance of 27.56 teet to the true point of beginning. TOGETHER WITH the access easement as set forth in Agreement recorded November 2, 1993 as Recorder's Fee No. 93091145. Common address, 13305 SW Pacific Highway, Tigard, OR 97223 - 115347 sw • OWIYIT N Permitted Bxcoptions 1, Taxes for the fiscal year 1999-00, a lien in an amount yet to be determined, but not yet payable. 2. The eubjeat property lies within the boundaries of the Unified Sewerage ' Agency and in subject to the levies and asso0saonts thereof. 3. An easement created or disclosed by instrument, including the terms and provisions thereof, Recorded a January 22, 1988 as Recorder's Pee. No. 80-03148 In favor of n Pietro's Corp., a Washington corporation • For i Sanitary sewer line Affects 'Southwesterly portion • 4. Reciprocal Access Basement Agreement, including the terse and provisions thereof, Dated i October 25, 1993 Recorded' , November 2, 1993 as Recorder's Fee No. 93091145 my and between , Public Storage Institution Pund, a California . limited partnership AND Taco Bell Corp., a California corporation 5. Reciprocal Aceese Basement Agreement, including the terms and provisions thereof, Dated , October 25, 1993 ' • ' Recorded i November 2, 1993 as Recorder's Pee No. 93091146 By and between n TRIAD Corp., a California corporation AND Taco' . Sell Corp., a California corporation . VAE#10 a' BTIrtEOPOREGON 1 L.I?[J f88 -� Coo Jen en aahinpton al • >Z; tee- o1 mato AF1ER R tCORDING,MALI.TO Clerk % .� .Nei LANDAMERICA FINANCIAL GROUP th the 'F •,le 3636 NORTH CBNPRAI.AVENUE,5350 r sf, .• geld PHOENIX,AR 53012 k" .r., ATTN: DESEA)AC'2CSON(9915439) •.‘441,H' , 1,•� UNTIL A CHANGE IS REQUESTED,TAX STATTEMBN18 ' f,J'1:1.,:. �, W:aagion,'-' r°iSHALL BB SENTTO WE FOLLOWING ADDRESS: ""Irl*- :: WEBER COASTAL BELLS Doo : 09103847 MSPDUARDWEBER looks 239464 1 471.00 540CONGER sutler 09/07/1990 02124103916 SWINE,OREGON 97402 STATUTORY SPECIAL WARRANTY DEED Taco Bell Cosp.,a Gfilonia corpo nlbo,Grantor.conveys and Mounts to Weber Coastal Balls Limited Partnership,an Oregon'baked pa tnarsbip,Oreateo,the following dosorbed real property in die State of shown, y of Was)Ogton.Ree of encumbrances except an spedfcofy act forth heroin: i5Legal Description le atter on Exhibit"A" 0 Tax Account Nwnbor(a): Ve.,\X(s 2.36O N. ,, r vasuwdTON z This Property Is Roo and dear ofencmm6maoa,Except atilt •1 4 . P Ear TAX O '61:x, d�.•,�u�G IFenoittcd Exception aro atneb d ea Exhibit B". f,t r1 ThFEE PAR, Ma teen consideration for this conveyance la$ 1 I 0 h Ob(� D6 TO HAVE AND TO HOLD the said tract or parrot of hied,with the appusteavices.estate,titles and WWI thereto belonging to the GRAMMES,their bolo and assigns.famver and we do covenant with the mid GRANTEES Out we aro tewfufy seized and possessed of said tend in fee simple,have a good right to convey it,and the roma is meaanbored,Mena otherwise herein wt out,and wo do farther covenant and bind ourselves,our heirs aced reinascatstivcs,to warrant aid forever skdid the tido to the said land lo the said GRAM M.their hiss and endow sgNuet the lawful deign of all persons denten by,thmegb or bila,the GRANTOR(S)but=thither or otherwise. Whenever used,the ebgaou somber shell include . the plrnt,don pinnal dm s higutar,=Jot of any gender stall be applicable to ea goddess, • THIS INSTRUMENT WILL NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGLATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING IRE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY APPROVED USES AND TO DETERMINE ANY LEWIS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES AS DI{FEMED IN ORS.10.970, Dated Otis o o day of August,1999, Taco Bell Corp..a California corporation REIVIBWiBY: N., , bf • • MAX ItA19 DATE: 9 41115134i STATE OF CALIFORNIA,COUNTY OF ORANGE)se. The taming happsmfl twos acknowledged before me this day of August,1999,by Callen*`c po a,a teoftbc corporation.'�tl�, Au of Taom Dell Corp,a 9aeNm pr:: Cahsaaran•ttneee •� I • •} n eterik hre—caws NOTAR •i: C .:• WIIt_:a.A, \ +.r, hsroe"w,eaear1oc,.Gana r My Commission Expiroa: /A• ono i F 11 ' !' 1q I I- 1 6 Ig F 11 l �— = 11 a 4� G I� e 1 P 2, -t igl , t 4 641 I 1:• 1 IP UI I , ° = I iii r fwe# F {L "Ali .>�' t 1 3¢y¢y 1 e, S!9 III ,-9 © `f. 0.',... - 1 F4 1ul A III gp� 1v I .. a • I i III F# ` I- o . 9.- qgqg II in Tl M M � y © y Fo / :.:: Ili: ' -i ''''' . . I U - I � I , oI'll 1f : - - a I j a& I1 g g : l :K.- . - • • - ----- i ...... 11 11 " 1l q®ios.101E 14. •'y® - �- I ` SWII a I I DCT` T — \\�_ ------ �© , � 4 I/111 Ili/ _ 3ill li 14 pli z g m1t. SCALE mu WA DATE N0. REVISION BY TIGARD TACO BELL M HWY 99W 02-20-19 10001"CHANCES ORR W COASTAL DATE 0141-MID t+w"FF ZltYryif t PIOR1110. 'J �BOX 23408 fa A ae 4.nm Ie0 ew Il UTILITIES PLAN FILE''l�'°Be"Oua 4�. •• EUGENE,OR 91402 TACO PA.Loa 944 4111.OR 4]045 LEGAL ��� OESIONE: Dfd2 /� PHONE 541681-8445 PAan1(40.1)LM-3151 SECTION 1WP. RANCE DRAWN: DPA " ...... ELL- "'ow)Na-"' Lour.. 01 9CHECKED RL11 DIM a Pyr 03.0.0. 1!305 SW PROM HWY,MOR O,OR 97223 2 25 w MEW.0...X..2../2020RO.ID APP : pip, V