2019-095178 ~ 7600 Atlanta Street Washington County,Oregon 2019-095178
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Stn=B J CHOATE 1213112019 09:00:14 AM
RETURN RECORDED DOCUMENT TO: $25.00$11.00$5.00$60.00 $101.00
CITY HALL RECORDS DEPARTMENT I,Richard Hobernieht,Director of Assessment and Taxation and Ex-
Officio County Clerk for Washington County,Oregon,do hereby
CITY OF TIGARD certify that the within instrument of writing was received and
-0 13125 SW Halt Blvd. recorded in the book of records of said county.
C Tigard,OR 97223 Richard Hobemicht,Director of
Assessment and Taxation,Ex-Officio
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= d PRIVATE STORMWATER FACILITIES
V L AGREEMENT
V This Agreement is made and entered into this 23rd day of December 2019,by and
between the CITY OF TIGARD,a municipal corporation of the State of Oregon("City")and
Trailblazer Development LLC, a Delaware limited liability company ("Owner").
RECITALS
to 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).
civ
FACILITY 60"CONTECH STORMFILTER MH SDMH-B 1
QUANTITY I i
IMPERVIOUS AREA(SQ FT) 53,994 SF
PERvlous AREA 09 FT ` 3,606
FACILITY CONTECH 30"CMP UNDERGROUND DETENTION
QUANTITY s 1
IMPERVIOUS AREA (SQ FT) 71.984
PERVIOUS AREA(S1 4444::. ...— :.6,627 _
FACILITYDOUBLE CARTRIDGE PERKFILTF.R SDCB-B2
QUANTITY F.I
IMPERVIOUS AREA (SQ FT) 17,990
PERVIOUS AREA(SQ FT) 3,021
Page 1 –Private Storm water Facilities Agreement $0014.3079:
e 7
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.
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.
Page 2—Private Storm water Facilities Agreement 30011.36792
6 2/17
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.
[Signatures on following page]
Page 3—Private Storm water Facilities Agreement 5001I-36792
IN WITNESS WHEREOF,Owner and City have signed this Agreement.
Trailblazer Development LLC,
a Delaware limited liability company
ay: idopr-
...• -
Name: Azam A.Qayum
Title: Managing Member
STATE OF OREGON )
)ss.
County of ClActAiwi )
This instrument was acknowledged before me on December.21'41,2019, by Azam A.
Qayum as Managing Member of Trailblazer Development LLC.
t`" � ° 'A`STAMP NOTARY P LIC OREGON
BRIAN ADAM SINGER
-� NOCOVAMlSSiON TARY PU'!UCN0.•ORE977835GON My Commission Expires: a•C.•7. 27_Al a x
�
MY COMA1tSSION EXPIRES AUGUST 06.2022
CITY OF TIGARD
By:���- V r—el----
(City Engineer)
Page 4-Private Storm water Facilities Agreement 60014_26792
6/2/17
EXHIBIT A.___
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SDMH-B'---,� '
60" STDRMFILTER N '\ -� -
MANHOLE \\ i, 0 40 80
11•`�
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TIGARD SELF \ \ .
• ti'`,\ STORAGE BLDG \ \
\\ :0,
CONTECH 30" CMP - _
UNDERGROUND ;--- ;
- \
1` DETENTION BASIN
1'\
SDCB-B2 -- \
PERKFILTER : .
•
CATCH BASIN ? \
PROPERTY ..
LINE /I.\',
: i \
1. SDMH-82
RIGHTS-OF-WAY 1j FLOW CONTROL ; ~�
MANHOLE -- \
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LEGAL DESCRITI0N.
A TRACT 0= LAND LYING IN SECTION 36, TOWNSHIP 1 SOUTH, RANGE 1 WEST OF THE WILLAMETTE
MERIDIAN, IN THE CITY 0: TIGARD, COUNTY OF WASH'NGTON AND STATE OF OREGON, DESCRIBED AS
FOLLOWS:
BEG\NTNG AT IHE SOUII-.EAST CORNER OF THE TRACT CONVEYED 10 ANION SHULL, El UX AS DESRIHED
ON PAGE 595 IN KOOK 442, WASHINGTON COUNTY DEED RECORDS, AND WHICH SOUTHEAST CORNER IS
DESCRIED AS BEING SOUTH 86'54' EAST, 2539:0 FT FROM THE RE-ENTRANT CORNER ON THE WEST
BOUNDAR" CF THE GEORG,_ R CI IARDSON DONATION LAND C_AiM NC. 55; -HENCE NORTH 66'54' WEST
ALONG THE SOUTH LINE 01 SAID S!-UZ TRACT, 176.5 FT TO THE SOUTHWEST CORNER THEREOF; THENCE
NORTH 15'50' WEST ALONG THE WEST L!N_ OF SAID TRACT, 204.94 FT TO A POIN1; 1-_VCE NORTH
66' 6' EAST 166.21 FEET TO A PONT ON THE EAST LINE OF SAID SCHULZ TRAC'; THEN;;_ ALONG SAD
EAST LNE, SCUTH 20'30' EAST 228.5 FT AND SOUTH 59 6 E_:T TO PLACE Or BEGINNING
EXCEPTING THEREFROM HAT PCR`ION 'HEREOF _YING WITH AN AREA DESCRIBED IN DEDICAT:ON DEED
RECORDED MAY 22, 2018 AS RECORDING NO. 2018-035430
ot2k, Inc. TIGARD SELF STORAGE
Uta/k eoesw,M,Portland.OR aw9E 7600 SW ATLANTA ST,TIGARD, OR
?4 204
503.2ST.SUS
o m .,�t,,,, PRIVATE STORM WATER MAINTENANCE AGREEMENT