2020-040049 ~ 11850 SW 95th Avenue Washington County, Oregon 2020-040049
RETURN RECORDED DOCUMENT TO: 05/11/2020 02:47:36 PM
D-AE Cnt=1 Stn=10 A DUYCK
CITY HALL RECORDS DEPARTMENT $35.00 $5.00 $11.00 $60,00 - Total =$111,00
CITY OF TIGARD
13125 SW Hall Blvd.
Tigard, OR 97223 02595811202000400490070072
I, Margaret Garza, Interim Director of Assessment and 4o'aPla3+.
Taxation and Ex-Officlo County Clerk for Washington
County, Oregon,do hereby certify that the within 5 €,n
Instrument of writing was received and recorded In the
book of records of said county. .wr , . .•'-�'I
Margaret Garza, Interim Director of Assessment and •• . a.
Taxation, Ex-Offlclo County Clerk
Space above reserved for Washington County Recording information
PRIVATE STORMWATER FACILITIES
AGREEMENT
This Agreement is made and entered into this T day of 1lj , 2019, by and
between the CITY OF TIGARD, a municipal corporation of the State of Oregon (City)and Wayne Chapman
(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 FLOW THROUGH PLANTER
QUANTITY I
IMPERVIOUS AREA (SF) 2640 SF
PERVIOUS AREA (SQ FT)
FACILITY
QUANTITY
IMPERVIOUS AREA (SQ FT)
PERVIOUS AREA (SQ FT)
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 CORPORA'T'E, LLC PARTNERSHIP, TRUST OR
OTHER LEGAL ENTITY SIGN BELOW
AaL 171.44t,p, &AA Sen, 4
Owner (Individual) d (Entity name)
By: WiK.
Owner (Individual) (Sign here for entity)
Title: �'�' ‘fe
STATE OF OREGON )
) ss.
County of tdtAsitt;74,7 )
This instrument was acknowledged before me on a✓ 2 20 1?
g , , by
2 afd 4/4t01i4 a as /lsfo• of City of Tit rd _
NOTARY P IC FOR OREGON
My Commis ion Expires: /Q D//20.23
CITY OF TIGARD
By:
'
y
( ity Engineer)
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REFERENCES: LEGEND: ,
(1) SN 17,157 5/8" IRF • DENOTES MONUMENT FOUND AS NOTED REGISTERED
G-1 652,713. 164 0 DENOTES POINT SET 5/8" x 30" IRON ROD
PROFESSIONAL
"H—MC
SURVEYOR
7,6 18,343.531
WITH RED PLASTIC CAP STAMPED INC. _
ABBREVIATION$:
N NORTH SN SURVEY NO. WASHINGTON
S SOUTH COUNTY SURVEY RECORDS OREGON
E EAST CR COUNTY ROAD NO. JULY 14, 1967
W WEST SF SQUARE FEET WILLIAM L. McMONAGLE
R/W RIGHT OF WAY UNE G-1 , G-2 GEODETIC COORDINATES \ 808 ,
IRF IRON ROD FOUND EXPIRES: 12-31 -2020
C/L CENTERLINE
1 I 5/8"IRF (1 ) HELD (GRID BEARING
20' 3 1 /2" IRF N89.57'00"E) LOT 7
cl UP LEANING 0. 8' N8970'11 "E1 '
11 GUARD STAKE 105. 00= 1 4) 2. 01 ' 2.0
IN HEDGE 104. 99' 1/...6
f — ^. 107.01 ' 5/8" IRF
I E G-- 1 ' (1 ) HELD
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DESIGN S
11850 SW 95TH AVE SCALE
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DRAFTED HMC Harris-McMonagle EXHIBIT "A". DWG. NAME
DBBESMT.SKETCit
CHECKED S'afe Associates, Inc. PARCEL 1 RAIN GARDEN
W.L.M C. 1968 ENGINEERING-SURVEYING-PLANNIAG SHEET
DATE 125555WHall Blvd Tigani, Oregon 97223 CITY OF TIGARD CASE FILE 1
11 -26-19
TeL (503J 639-3453 Fax(Sfi3J 639-1232 MLP 2019-00002 OF 1
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infiltration Planter I Rain Garden Operation and Maintenance Plan
Annual inspections are Wired. It is recommended that the fadlity 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.
ltl� ittifit��( Prublom tunditioii to ( 1,,([,. fin %1,;ir tt,rnH(:t.4Uit ✓ Itornplute t.t,rnr3 t�r7t�
Invasive Vegetation as Invasive vegetation found in fad ty. Remove excessive weeds and all
outlined in Appendix A Examples include:Hinalayan Bladdheny; invasive plants.Attempt to control
Q Reed Canary Grass;Teasel; English hry; even if complete eradication is not `x Y *
Nightshade;Clematis; Cattail;Thistle; feaslole. Refer to Clean Water Services
Scotch Broom Integrated Pest Management Plan for SPRWG SUMMER FAU
appropriate control methods, inducting
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proper use of chemical treatment.
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Obstructed Inlet/Outlet Material such as vegetation, trash, Remove blockages from facility
sediment is blocking more than 10%
of the inlet pipe or basin opening WINTER SPR
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Inspect after major storm
(1-inch in 24 hours)
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F Excessive Vegetation Vegetation grows so tall it competes Cut tall grass 4" to 6"and remove
Q with or shades approved emergent clippings. Prune emergent wetland
77. wetland grass/shrubs; interferes with grassishnrbs that have become
CD access or becomes a fire danger overgrown, Ideal time to Prune emergent
wetland grass is spring.Cut
CD grass during dry months
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Tree/Shrub Growth Tree/shrub growth shades out Prune trees and shrubs that block sun
`° wetlandlemergent grass in treatment from reaching treatment area.Remove
area. Interferes with access for trees that block access points.
maintenamefinspection Do not remove trees that are not
interfering with access or maintenance ideal timing for pruning trees is
without first contacting Clean Water winter
0_ TA, Services or local City.
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Infiltration Planter I Rain Garden operation and Maintenance Plan (continued)
Annual inspections are.required. It is recommended that the facility is inspected on a monthly basis to ensure proper funcl on.The plan below describes
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c, 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.
A.
icf� roti#rt cl ProI Ien Conc#itionn to ChFick for 1 .rirntvnanc Act€vity, r,l fru Timing 4/ f, ,k Cc�rrrf3f,:lt4> Cr.�n7rnent,
Hazard Trees Obseive dead,dying or diseased trees Remove hazard trees. A certified As Needed
arborist may need to determine health
of tree or removal requirements
Poor Vegetation Coverage 80% survival of approved vegetation Determine cause of poor growth and
st:
0 and n0 bare areas large enough 1D correct the condition. Replant per the ,
at
affect function of fadlity. approved planting plan and applicableSPRING FALL
-3� standards at the time of construction. . Ideal time to plant is spring and
Remove excessive weeds and all id seasons
- invasive plants.
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yTrash and Debris Visual evidence of trash, debris or Rive trash and debris from fadlity. .f`f
dumping Dispose of properly
SPRING SUMMER FALL WINTER
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9- Contaminants and AA- Evidence of oiL gasoline contaminants If contaminants or pollutants are .
vIrD tion or other pollutants. took for sheer5, present,coordinate removal/cleanup. It • *
odor or signs of contamination. with local jurisdiction SPRiNG SUMMER FALL WINTER
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Erosion Erosion or channelization that impacts Repair eroded areas and stylize using
or effects the function of the facility or proper erosion control measures:
creates a safety concern Establish appropriate vegetation as
FALL WINTER SPRING
needed.Flow Not Distributed Flows unevenly distributed through level the spreader and clean so
FDF Evenly planter width due to uneven or that flows spread evenly over entire
a_ dogged flow spreader planter width
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Infiltration Planter 1 Rain Garden operation and Maintenance Plan (continued)
Annual inspections are required. It s 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.
I�Ir'illitl 't� ptobI.'lll , CoI1[ rti(il t(i Choi. ; fur M,liiltf•I1,1r1(p Timmy I V T,isk Con-11)1.10 ( illillf'rlt,
Vector Control Evidence of rodents or water piping Repair facility if damaged.Remove As Needed
through fadlity via rodent holes., harmful insects, use professional if
Insects such as wasps and hornets needed.Refer to Clean Water Services
interfere with maintenance/inspection Integrated Pest Management Plan for
`a activities management options
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(13 Sediment Accumulation in Sediment depth in treatment area Remove sediment from treatment
Treatment Area exceeds 3 inches area. Ensure planter is level from
side to side and drains freely towardSUMMER f,
✓ outlet;no standing water within 24
CD o hours after any major storm(1-inch Ideally in the dry season
in 24 hours)
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Standing Water Standing water in the planter Remove sediment or trash blockages;
0- between storms that does not drain improve end to end grade so there is
0 freely.Water should drain after 24 no standing water 24 hours after any
hours of dry weather major storm (1-inch in 24 hours) Inspect after major storm
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(1-inch in 24 hours)
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0_ Grate Damaged, Missing Grate is missing or only partially in Grate must be in place and meets As Needed
03
or Not in Place place may have missing or broken design standards. Replace or repair
grate members any open structure
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