HomeMy WebLinkAboutItem 09 Jasper Trunk Sanitary Sewer Extension Phase 3AGENDA ITEM SUMMARY
Meeting Date:
Meeting Type:
Staff Contact/Dept.:
Staff Phone No:
Estimated Time:
3/6/2023
Regular Meeting
Jesse Jones/DPW
541-726-3720
5 Minutes
SPRINGFIELD Council Goals: Maintain and Improve
CITY COUNCIL Infrastructure and
Facilities
ITEM TITLE: P21065 JASPER TRUNK SANITARY SEWER EXTENSION PHASE 3 —
APPROVAL OF DEED RESTRICTION AND CONSERVATION EASEMENT
ACTION Authorize City Manager to negotiate and execute a deed restriction on a portion of
REQUESTED: City -owned property (Tax Lot 18-02-04-00-01511, aka "Linda Lane Property")
located in southeast Springfield, for the purpose of wetland mitigation for the Jasper
Trunk Sanitary Sewer Extension Project (P21065).
ISSUE Staff is seeking Council approval to authorize the City Manager to negotiate and
STATEMENT: execute a deed restriction on City -owned property (Tax Lot 18-02-04-00-01511,
aka "Linda Lane Property") located in southeast Springfield for the purpose of
protecting wetlands on a portion of the property as mitigation for the Jasper Trunk
Sanitary Sewer Extension Phase 3 Proiect (P21065).
ATTACHMENTS: 1: Draft Deed Restriction
DISCUSSION/ The City of Springfield is in the final stages of the design process for Phase 3 of the
FINANCIAL Jasper Trunk Sanitary Sewer Extension. The proposed alignment of the sewer
IMPACT: impacts mature forested wetlands requiring the City to develop and implement a
mitigation strategy to satisfy permit requirements from the Oregon Division of State
Lands & United States Army Corps of Engineers, allowing the project to proceed to
construction. The City Council authorized purchase of tax lot 18-02-04-00-01511
adjacent to Linda Lane with the intent to permanently protect existing wetlands on a
portion of the parcel. A deed restriction places conditions on the deed to a property
setting out certain limits or acceptable uses. Approval of the deed restriction will
satisfy regulatory requirements and allow construction to proceed.
An update related to this action has been sent to the Linda Lane interested parties
email list.
Instructions for Completing Deed Restriction
1. Add permit holder name and address on first page, upper left-hand corner, under "After
recording, return to:". Leave room for the county recorder's stamp; usually this is in the
upper right hand half of the first page.
2. After title (Declaration of Covenants), enter name of project, Corps permit number and
DSL permit number.
3. On declaration line, enter landowner name (which may or may not be the applicant).
4. Under Recital #1, add Removal -Fill Permit # ("APP00 ")
5. Under Article 1 Definitions 1.2, add landowner name.
6. Under Article 5 A. USE RESTRICTIONS, insert additional use restrictions (see
examples 1 — 7).
7. Under Article 5 C. RESERVED RIGHTS, insert specific uses for which you reserve the
right to use the property (must be consistent with the purposes outlined in the removal -fill
permit).
8. Submit this draft version with your permit application package for DSL to review. A
draft of the Deed Restriction must be submitted with a complete permit application
package. A copy of the recorded Deed Restriction must be submitted with the post
construction report.
9. After the mitigation site has been constructed and surveyed - create Exhibit A — legal
description of the mitigation area boundary and labeled map of the property indicating
the locations of wetlands, streams, existing structures, stormwater treatment features, and
easements located on the property.
10. Attach Exhibit A to the Deed Restriction, obtain the landowner signature on the last page
of the Deed Restriction and have it notarized. If any changes were made to the final
Deed Restriction Language you must submit an electronic copy to DSL with explanation
of the changes for DSL review and approval prior to obtaining a notarized landowner
signature.
11. Return the Deed Restriction document with original signatures to DSL for DSL signature
on the easement conveyance.
12. DSL will sign and return the original to the permit holder.
13. The permit holder must file the Deed Restriction with original signatures with the county
clerk's office for the county in which the permit site is located.
{00027916:4}
Attachment 1 Page 1 of 14
14. Send a copy of the recorded Deed Restriction to DSL along with the post construction
report. This report is due within 90 days of mitigation site grading.
{00027916:4}
Attachment 1 Page 2 of 14
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Attachment 1 Page 3 of 14
After recording, return to:
(Insert Applicant name & Address)
(leave room for Recorder's stamp)
DECLARATION OF COVENANTS AND RESTRICTIONS and
ACCESS EASEMENT
FOR THE
{Name of Project, Corps permit #NWP-201X--XXY, DSL permit #
THIS DECLARATION is made by
name), ("Declarant")
RECITALS
{ landowner
Declarant is the owner of the real property described in Exhibit "A," attached hereto and
by this reference incorporated herein ( the "Property"), and has designated the Property as a
compensatory mitigation site in accordance with Removal -Fill Permit # (the "DSL
Permit") approved by the Oregon Department of State Lands ("Department"), and the
Department of the Army permit #NWP-201X-XXX ("Corps permit") approved by the US Army
Corps of Engineers ("Corps").
2. Declarant desires and intends to provide for the perpetual protection and conservation of
the wetland and waterway functions and values of the Property and for the management of the
Property and improvements thereon, and to this end desires to subject the Property to the
covenants, restrictions, easements and other encumbrances hereinafter set forth, each and all of
which is and are for the benefit of the Property;
3. The Department has accepted the mitigation plan for the Property under ORS 196.800 et
seq, and the Corps has likewise accepted the mitigation plan under Section 404 of the Clean
Water Act and/or Section 10 of the Rivers and Harbors Act.
{00027916:4}
Attachment 1 Page 4 of 14
ARTICLE 1
DEFINITIONS
1.1 "Declaration" shall mean the covenants, restrictions, easement, and all other
provisions set forth in the Declaration of Covenants and Restrictions.
1.2 "Declarant" shall mean and refer to
the owner of the Property, and the owner's heirs, successors, and assigns.
(landowner name),
1.3 "DSL permit" shall mean the final document approved by the Department that
includes the mitigation plan and which formally establishes the mitigation site and stipulates the
terms and conditions of its construction, operation and long-term management. A copy of the
DSL permit may be obtained at the Department of State Lands, 775 Summer St. NE, Salem, OR
97301; phone 503-986-5200.
1.4 "Corps permit" shall mean the final document approved and issued by the Corps
which includes the mitigation plan describing where and how the compensatory mitigation will
be completed, monitored, managed, and maintained. A copy of the Corps permit associated with
this Declaration may be obtained at the office of the US Army Corps of Engineers, Regulatory
Branch, 333 SW First Ave., Portland, OR 97208; Phone 503-808-4373.
1.5 "Property" shall mean and refer to all real property subject to this Declaration, as
more particularly set forth in Exhibit "A."
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The Property described in Exhibit A is and shall be held, transferred, sold, conveyed and
occupied subject to this Declaration. {Exhibit "A" must be a surveyed legal description, and
map illustrating the specific area subject to this Declaration. The map legend shall indicate the
approximate locations of wetlands, streams, any existing structures such as roads, utility lines,
or stormwater treatment features, and any easements located within or across the Property.)
{00027916:4}
Attachment 1 Page 5 of 14
ARTICLE 3
DECLARANT REPRESENTATIONS
Declarant represents and warrants that after reasonable investigation, and to the best of its
knowledge, that no hazardous materials or contaminants are present that conflict with the
conservation purposes intended; that the Property is in compliance with all federal state, and
local laws, regulations, and permits; that there is no pending litigation affecting, involving, or
relating to the Property that would conflict with the intended conservation use; and that the
Property is free and clear of any and all liens, claims, restrictions, easements and encumbrances
that would interfere with the ability to protect and conserve the Property.
ARTICLE 4
GENERAL DECLARATION
Declarant, in order to discharge in part its obligations under the DSL permit and the
Corps permit, declares that the Property shall be held, transferred, sold, conveyed and occupied
subject to the covenants, restrictions, easements and other encumbrances in this Declaration, in
order that it shall remain substantially in its restored, enhanced, preserved, open and natural
condition, in perpetuity. The terms and conditions of this Declaration shall be both implicitly
and explicitly included in any subsequent transfer, conveyance, or encumbrance affecting all or
any part of the Property. No modification or release of this Declaration will be effective unless
authorized in writing by the Department and by the Corps. Any amendments must be signed by
the Department and must be recorded in the official records of the county in which the Property
is located.
ARTICLE 5
USE RESTRICTIONS, MANAGEMENT RESPONSIBILITIES,
AND RESERVED RIGHTS
Declarant is subject to any and all easements, covenants and restrictions of record
affecting the Property.
{00027916:4}
Attachment 1 Page 6 of 14
A. USE RESTRICTIONS. Except as necessary to conduct, remediate or maintain the
Property consistent with the DSL permit and the Corps permit, the actions prohibited by this
covenant include:
(Insert Covenants here. List, by number, all of the things not allowed in the
conservation area. See following examples.)
1. There shall be no removal, destruction, cutting, trimming, mowing, alteration or
spraying with biocides of any native vegetation in the Property, nor any disturbance
or change in the natural habitat of the Property unless it promotes the mitigation goals
and objectives established for the Property. Hazard trees that pose a specific threat to
existing structures including fences or pedestrian trails may be felled and left on site.
Dry grass only may be mowed after July 1 to abate fire hazard.
2. There shall be no agricultural, commercial, or industrial activity undertaken or
allowed in the Property; nor shall any right of passage across or upon the Property be
allowed or granted if that right of passage is used in conjunction with agricultural,
commercial or industrial activity.
3. No domestic animals shall be allowed to graze or dwell on the Property.
4. There shall be no filling, excavating, dredging, mining or drilling; no removal of
topsoil, sand, gravel, rock minerals or other materials, nor any storage nor dumping of
ashes, trash, garbage, or of any other material, and no changing of the topography of
the land of the Property in any manner once the wetlands are constructed unless
approved in writing by the Department and by the Corps.
5. There shall be no construction or placing of buildings, mobile homes, advertising
signs, billboards or other advertising material, vehicles or other structures on the
Property.
6. There shall be no legal or de facto division, subdivision or partitioning of the
protected Property.
7. Use of motorized off-road vehicles is prohibited except on existing roadways.
B. MANAGEMENT RESPONSIBILITIES. Declarant shall take all reasonable action to
prevent the unlawful entry and trespass by persons whose activities may degrade or harm the
mitigation purposes of the Property or that are otherwise inconsistent with this Declaration.
{00027916:4}
Attachment 1 Page 7 of 14
C. RESERVED RIGHTS. Declarant reserves all other rights accruing from Declarant's
ownership of the Property including but not limited to the exclusive possession of the Property,
the right to transfer or assign Declarant's interest in the same; the right to take action necessary
to prevent erosion on the Property, to protect the Property from losing its wetland or waterway
functions and values, or to protect public health or safety; and the right to use the Property in
any manner not prohibited by this Declaration and which would not defeat or diminish the
conservation purpose of this Declaration.
The Declarant specifically reserves the right to use the Property for the purposes of {insert
specific action, e.g. hunt ducks) , which reserved rights are deemed to be
consistent with the purposes enumerated in the permit.
ARTICLE 6
EASEMENT (RIGHT OF ENTRY)
Declarant hereby grants to the Department an easement and right of entry on the Property
for the purpose of physically accessing the Property at all reasonable times to inspect the
Property in order to monitor and to ascertain whether there has been compliance with this
Declaration and the DSL permit, via the public road access at S. 57th Street. The point of ingress
and egress is located at the gate along South 57th Street where it intersects with Mineral Way.
The Declarant hereby grants to the Corps a right of entry to ascertain compliance with the Corps
permit and this Declaration.
ARTICLE 7
GENERAL PROVISIONS
{00027916:4}
Attachment 1 Page 8 of 14
A. NOTICE. The Department and the Corps shall be provided with a 60 -day advance
written notice of any legal action concerning this Declaration, or of any action to extinguish,
void or modify this Declaration, in whole or in part. This Declaration, and the covenants,
restrictions, easements and other encumbrances contained herein, are intended to survive
foreclosure, tax sales, bankruptcy proceedings, zoning changes, adverse possession,
abandonment, condemnation and similar doctrines or judgments affecting the Property. A copy
of this recorded Declaration shall accompany said notice.
B. VALIDITY. If any provision of this Declaration, or the application thereof to any
person or circumstance, is found to be invalid, the remainder of the provisions of this
Declaration, or the application of such provisions to persons or circumstances other than those as
to which it is found to be invalid, as the case may be, shall not be affected thereby.
{00027916:4}
Attachment 1 Page 9 of 14
IN WITNESS WHEREOF, the undersigned being Declarant herein, has executed
this instrument this day of , 20
By: _
Title:
STATE OF OREGON )
ss:
County of )
This instrument was acknowledged before me on
Applicant firm's name of
Signature of Notarial Officer
My Commission Expires: _
{Owners name}
County, Oregon
(name of person) as
County, Oregon.
(date) by
(title) of
GRANTEE: The State of Oregon, Department of State Lands, approves Declarant's
conveyance of an easement in favor of the Department.
By:_
Title:
Date:
Attachment:
Exhibit A, legal description and labeled map of the Property
{00027916:4}
Attachment 1 Page 10 of 14
_PBS
EXHIBIT A
Conservation Easement
BEING a tract of land located in Parcel 3 of Land Partition Plat No. 2020-P2943 in the Southeast
One -Quarter of Section 4, Township 18 South, Range 2 West, of the Willamette Meridian, Lane
County, Oregon and being more particularly described as follows:
BEGINNING AT the Northeast corner of said Parcel 3;
Thence North 75011'32" West, along the North line of said Parcel 3, 112.87 feet to an angle point;
Thence leaving said North line, South 28°16'42" West 96.85 feet to an angle point;
Thence South 60055'40" West, 157.46 feet to an angle point;
Thence South 42°40'17" West, 144.66 feet to an angle point;
Thence South 16°57'24" West, 182.03 feet to an angle point;
Thence South 02020'09" West, 65.62 feet to an angle point;
Thence South 80°18'06" West, 74.96 feet to an angle point;
Thence South 13013'33" West, 212.20 feet to an angle point;
Thence South 00°06'07" East, 187.69 feet to an angle point;
Thence South 34°24'01" West, 102.34 feet to an angle point;
Thence South 00048'29" East, 228.13 feet to an angle point;
Thence South 49°24'01" East, 96.15 feet to an angle point;
Thence South 85042'30" East, 159.44 feet to an angle point;
Thence North 10°17'32" East, 190.90 feet to an angle point;
Thence North 29057'45" East, 114.16 feet to an angle point;
Thence North 61'53'30" East, 198.33 feet to an angle point;
Thence North 83°35'04" East, 128.77 feet to the East line of said Parcel 3;
Attachment 1 Page 11 of 14
Thence North 00°03'23" East, along the East line of said Parcel 3, 336.12 feet to an angle point;
Thence North 00°20'18" West, along the East line of said Parcel 3, 542.28 feet to the POINT OF
BEGINNING;
Contains 11.5705 acres, more or less.
REGISTERED
PROFESSIONAL
LAND SURVEYOR
Digitally signed by Terry L
Goodman
/ Date: 2023.01.1714:34:27
-08'00'
OREGON
JULY 16, 1982
TERRY GOODMAN
1989
RENEWAL DATE: 6-30-23
Attachment 1 Page 12 of 14
N75°11'32"W 112.87'
PARCEL > /v
POINT OF
/ BEGINNING
PARCEL 2
/ / J
J � I
9r PARCEL 3
)L6 J I
LAND PARTITION
EXHIBIT A I )PLAT NO. 2020–P2943
CONSERVATION EASEMENT
LOCATED IN PARCEL 3, LAND PARTITION — — — —
PLAT N0. 2020—P2943 6
— JJ
IN THE SOUTHEAST ONE—QUARTER OF )F
SECTION 4, TOWNSHIP 18 SOUTH, EX. 30.00' PUBLIC
RANGE 2 WEST, WILLAMETTE MERIDIAN, J SANITARY SEWER
EASEMENT PER INST. �
LANE COUNTY, OREGON ( NO. 2012-065665
JANUARY 17, 2023 L16 _
J ) WETLAND
BOUNDARY
i
SHEET INDEX: o 1
SHEET 1: TITLE BLOCK, SCALE BAR, MAP
SHEET 1: BEARING -DISTANCE TABLE
\,\
_L12_
J
00
N
N
0
N
O
0
z
2
Scale 1" = 200' V
WL9
0 100 200 400
.". PBS
DRAWN BY: MDL SCALE: 1"=200'1/17/2023
CHECKED BY: TLG JOB NO.: 71554-00 SHEET 1 OF 2
Attachment 1 Page 13 of 14
EXHIBIT MAP
CONSERVATION EASEMENT
LOCATED IN PARCEL 3, LAND PARTITION
PLAT NO. 2020—P2943
IN THE SOUTHEAST ONE—QUARTER OF
SECTION 4, TOWNSHIP 18 SOUTH,
RANGE 2 WEST, WILLAMETTE MERIDIAN,
LANE COUNTY, OREGON
JANUARY 17, 2023PBS
DRAWN BY: MDL SCALE: 1"=200' 1/17/2023
CHECKED BY: TLG JOB NO.: 71554-00 SHEET 2 OF 2
LINE TABLE
LINE LENGTH DIRECTION
L1 96.85' S28°16'42"W
L2 157.46' S60°55'40"W
L3 144.66' S42°40'17"W
L4 182.03' S16°57'24"W
L5 65.62' S02°20'09"W
L6 74.96' S80°1
Attachment 1 Page 14 of 14
8'06"W
L7
212.20'
S13°13'33"W
L8
187.69'
S00°06'07"E
L9
102.34'
S34°24'01 "W
L10
228.13'
S00°48'29"E
L11
96.15'
S49°24'01 "E
L12
159.44'
S85°42'30"E
L13
190.90'
N10°17'32"E
L14
114.16'
N29°57'45"E
L15
198.33'
N61 °53'30"E
L16
128.77'
N83°35'04"E
Attachment 1 Page 14 of 14