2020-033762 ~ 8681 SW Greensward Lane Washington County,Oregon 2020-033762
RETURN RECORDED DOCUMENT TO: D-AE
CITY HALL RECORDS DEPARTMENT Stn=11 C WHITE 04/21/2020 02:33:21 PM
CITY OF TIGARD $35.00$11.00$5.00$60.00 $111.00
I,Margaret Garza,Interim Director of Assessment and Taxation and
13125 SW Hall Blvd. Ex-Officio County Clerk for Washington County,Oregon,do hereby
certify that the within instrument of writing was received and
Tigard,OR 97223 recorded in the book of records of said county.
Margaret Garza, Interim Director of
Assessment and Taxation, Ex-Officio
Space above reserved for Washington County Recording information
Stormwater Water for TRACT C GP2 Partition Plat
PRIVATE STORMWATER FACILITY
AGREEMENT
•
This Agreement is made and entered into this• S day of � ,20 , by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City)and LWD,LLC.
(Owner).
0 RECITALS
A. Owner has developed or will develop the Facilitylisted below. (List the type of private
stormwater Facility on site and the quantity of each type).
CC
• FACILITY FLOW THROUGH PLANTER
• QUANTITY 1
c
u- IMPERVIOUS AREA (SQ FT) 2950SF
PERVIOUS AREA (SQ FT) 4812SF
FACILITY
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QUANTITY
=
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E co IMPERVIOUS AREA(SQ FT)
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Q (f) PERVIOUS AREA(SQ FT)
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B. The Facility enables development of property while mitigating the impacts of additional surface
ts
E
0 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.
ct
ii
C. The property benefited by the Facility and subject to the obligation of this Agreement is
described below or in Exhibit A (Property) attached hereto and incorporated by reference.
Page 1 —Private Storm water Facilities Agreement 50014-36792
62/17
See Attached Exhibit A
D. The Facility 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 Facility 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 Facility 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 Facility. 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 Facility 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 Facility. 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 Facility 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 Facility, 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
Page 2—Private Storm water Facilities Agreement 50014-36792
6/2/17
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
LWD LLC dba Solstice Custom Homes
Owner(Individual) (Entity name)
By: 4/a7--Cod___,4g .:
Owner(Individual) (Sign here for entity)
Title: Manager/Member
STATE OF OREGON )
) ss.
County of /l&
This instrument was acknowledged before me on /y , 20 02o , by
2I7 T�i� s'{ /f'i 4c/Gi-t.A..-6-e.£ t4y eabal J. LSD L G G
OFFICIAL STAMP NOTARY PUBLIC FOR OREGON
MARILBE CON
NOTARY PUBLIC-OREGON My Commission Expires:/ �� oma✓_ 3
;, COMMISSION NO.989388
MY COMMISSION EXPIRES JULY 09,2023
CITY OF TIGARD
By:
City Engineer)
Page 3—Private Storm water Facilities Agreement 50014-36792
6/2/17
I Flow-Through Planter Operation and Maintenance Plan
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
oqi inspection and maintenance activities,and may be used as an inspection log.Contact the design engineer,Clean Water Services or City representative for
R. more information.
Identified Problem Condition to Check for I Maintenance Activity Maintenance Timing V Task Complete Comments
Sediment Accumulation in Sediment depth exceeds 3 inches Remove sediment from treatment *,
Treatment Area area.Ensure planter is level from
side to side and drains freelytoward SUMMER
i
SUMMER FAIL
outlet;no standing water within 24
hours after any major storm(1-inch in Ideally in dry season
24 hours)
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Erosion Erosion or channelization that impacts Repair eroded areas and stabilized
:lie
CO or effects the function of the facility or using proper erosion control mea- ` `4
0 creates a safety concern sures Establish appropriate vegetation FALL WINTER SPRING
< as needed Inspect after major storm
o (1-inch in 24 hours)
a
3
a Standing Water Standing water in the planter between Remove sediment or trash blockages.
Ei storms that does not drain freely. Grade out areas of mounding and
iv Water should drain after 24 hours of improve end to end grade so there is tin
CD dry weather. no standing water. WINTER SPRING
0)
Q
o Flow Not Distributed Flow unevenly distributed through Level the spreader and clean so
7- Evenly planter width due to uneven or that flows spread evenly over entire T
clogged flow spreader planter width WINTER SPRING
Obstructed Inlet/Outlet Material such as vegetation,sediment, Remove blockages from facility * S''
u
trash is blocking more than 10%of
the inlet/outlet pipe WINTER SPRING
Inspect after major storm
(1-inch in 24 hours)
00 Flow-Through Planter Operation and Maintenance Plan (continued)
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
inspection and maintenance activities,and may be used as an inspection log.Contact the design engineer, Clean Water Services or City representative for
more information.
Identified Problem Condition to Check for Maintenance Activity Maintenance Timing ✓Task Complete Comments
Poor Vegetation Coverage 80%survival of approved vegetation Determine cause of poor growth and
and no bare areas large enough to correct the condition;replant with
affect function of facility. plugs or containerized plants per ap- SPRING FALL
proved plans and applicable standards Ideal time to plant is spring and
at time of construction.Remove ex- fall seasons
cessive weeds and all invasive plants.
(13ro
Invasive Vegetation as Invasive vegetation found in facility. Remove excessive weeds and all
outlined in Appendix A Examples include:Himalayan Blackber- invasive plants.Attempt to control vff
Ty;Reed Canary Grass;Teasel, even if complete eradication is not SPRING SUMMER FALL
English Ivy,Nightshade,Clematis, feasible.Refer to Clean Water Services
0 Cattail,Thistle Integrated Pest Management Plan for
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appropriate control methods,includ-
CD
= ing proper use of chemical treatment.
or
Excessive Vegetation Vegetation grows so tall it competes Prune over-hanging limbs,if possible;
with or shades approved emergent remove brushy vegetation as needed. SPRING
wetland grass/shrubs;interferes with Prune emergent wetland grass/shrubs Ideal time to prune emergent
access or becomes a fire danger that have become overgrown. wetland grass is spring
Vector Control Evidence of rodents or water flowing Repair damage to facility. Remove As Needed
through facility via rodent holes.Harm- harmful insects,call professional if
ful insects such as wasps or hornets needed.Refer to Clean Water Services
present Integrated Pest Management Plan for
18 management options.
Flow-Through . . .,... ,...... .. .
Planter Operation and Maintenance Plan (continued)
Annual inspections are required. It is recommended that the facility is inspected on a monthly basis to ensure proper function.The plan below describes
inspection and maintenance activities, and may be used as an inspection log.Contact the design engineer, Clean Water Services or City representative for
more information.
Identified Problem Condition to Check for Maintenance Activity 11=11. ✓Task Complete Comments
Trash and Debris Visual evidence of trash,debris or Remove and dispose of trash and debris ►V
dumping. from facility.Dispose of properly
SPRING SUMMER FALL WINTER
Contamination and Evidence of oil,gasoline,contaminants, If contaminants or pollutants present, V
0 Pollution or other pollutants.Look for sheens, coordinate removal/cleanup with local `
odor or signs of contamination. jurisdiction. SPRING SUMMER FALL WINTER
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n
CD
Outlet Structure Damaged Grate or overflow structure is missing Repair or replace outlet structure. As Needed
rD or only partially in place and may
have missing or broken grate members.
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EXHIBIT "A" TO PRIVATE STORM WATER FACILITY AGREEMENT
EXISTING 20'
ROADWAY
EASEMENT
b O
RAIN DRAIN AND OUTFALL F91N 89'47'45"W�� N 89°41'45"W �9N
PROTECTION /.B, 3978 28.70' • .-
i ` BUILDING OFFSET AND �g9 sa U
(1II
W . IMPERMEABLE LINER AS APPROVED
1
• BY BUILDING JURISDICTION 2pp Lr
_ -+
• . . PERFGRATED OPIPE F MANIFOLD
D Zp2 ......12,,.fi,.......�.�..795 ;,, s O
'. OR LENGTH .. .
4'MINIMUM. `' ,, U
a'-. -� ' • I' STRUCTURAL WALL PER , - -- I
M
"-BUILDING JURISDICTION 1 I ---- }T `
.. (( _6'ri
', PORCH „�- ,_�� I
< + 0��� - 9 I�EL:2035•I '.L2' - .L J1 ••iy . .. ' ,�•
r• ':yam -: ..\ , `f• —. 1
" ,.30'MIN.•:: OVERFLOW TD 1 9'1 J ;:::::
6'TYP. FACIUTY WIDTH CONVEYANCE VI. MAIN FLOOR z ol� 6,��� ^E•26�,''anT `IIa -2'MIN FREEBOARD EL:204.0' _ 1zI 4- 1'' �I2 8'MAX POND DEPTH T Y
•
. = 11c =_ 11' ,, 81 : a `'
W-11•-11 := =H=. I� o as €a
"1 —1,1� .11-1L-11-.• 18'MIN GROWING MEDIUM _ 'If;
Pre''
:;
• �1 ..f-11=1 I�IIII:U:II.' col 13� ��s �:• \ II. II_II I II /� 1 _ 1 _`�Y DEEP(3/4' 1/4')CLEAN }.
rH-jIE I
//-' '-i�'i�-i �(�_�; • CRUSHED DRAIN ROCK a114�1 -
``-�.' �����.9j _��'I. ���n 9'DEEP(1-1/2'-3/4') Np
41114A•4'011
'II �' �♦ w
'. •` \...: 'I:', jl_'. _ CLEAN CRUSHED DRAIN ROCK I L•0• - .Ei (`V O
/\' OHO�51�- `OVERFLOW TO 11 )J poi, . .a€ 1 — O
. Q• / �' •��� CONVEYANCE f m --. _ IT v- .7
WATER PROOF PVC BOOT AND I L'CONC1 N U
` p /, �/ CLAMP OR APPROVED EQUAL _a_ 0 '� ,3 I • DPIVEwAY E_,.-12 6 ! ,I
F••N•% ON ,RAIN PER DESI • - j (3500 P.SII I w
SECTION A A r 11 _ -J--ii 2 N
/ / NOTES `. S 4'89°49'45"E- - - S 89°41'45'Ef�� .104 - 5--
1. PRIVATE WATER QUALITY TREATMENT OWN 1 39.78' , + .28.70' m
LOTS 2 2. 30"MIN WIDTH -FACILITY LENGTH TO BE CALCULATED BASED 1
ON INCOMING FLOWS. I -
BOX A SIZE 158 S.F. 3. VEGETATION: SEE PLANT LIST IN LIDA HANDBOOK. I h i '�' N / ti ry \ 1
# OF PLANTS 182 S.F. 4. NO TREES OR DEEP ROOTED VEGETATION OVER PIPING. I
5. RAIN DRAINS AND OVERFLOW TO MAINTAIN MAXIMUM LINEAR I
TYPE OF PLANTS HERBACEOUS SEPARATION. I I10'
6. OUTFALL PROTECTION SIZED PER FLOW CALCULATIONS I I P.U.E.
7. BUILDING JURISDICTION APPROVAL REQUIRED WHEN DEPTH OF I
SIZE OF PLANTS 1/2 GALLON FACILITY IS BELOW BUILDING FOOTING I —
4_
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FLOW LIDA 1 060 sr.)
THROUGHgHANDBOOK CleanWateServices 8681 SW GREENSWARD LANE _
DR W TNG NUTER
/94 REVISED 03-16 TIGARD,OR 97223
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