HomeMy WebLinkAboutEasement APPLICANT 12/18/2009
CITY OF SPRINGFIELD
STORMWATER TREATMENT FACILITIES OPERATION AND
MAINTENANCE AGREEMENT AND GRANT OF EASEMENT
This Stormwater Treatment Facilities ("Water Oualitv SwalefDetention Pond") Operation
and Maintenance Agreement ("Agreement") and Grant of Easement Is entered into this
1'1 day of .7Jt!&1Ul!el'---- , 2009 by and between the City of Springfield, a municipal
corporation of the state of Oregon, ("City") and LibertvBank. an Oreoon chartered bank
(Property Owner"). .
RECITALS
WHEREAS, under the provisions of the Federal Clean Water Act; City is required to
meet the requirements of the National Pollution Discharge Elimination System program
(NPDES) by obtaining a NPDES Municipal Separate' Stormwater Sewer System (MS4)
Stormwater Discharge Permit and developing and maintaining a stormwater'management
plan; and
WHEREAS, the NPDES MS4 stormwater discharge permit program, as it may be
amended or reissued, requires City to ensure adequate long-term operation and
maintenance of Best Management Practices (BMPs) designed to ensure water quality for
stormwat'er runoff from a site; and
WHEREAS, the Willamette River and the McKenzie River In the vicinity of the City of
Springfield have been identified by the State of Oregon as being out of compliance with
state water quality standards (303(d) listed streams); and
WHEREAS, City has pending Total Maximum Daily Load (TMDL) limitations for its
stormwater discharges to the Waters of the State and the Waters of the United States under
the federal Clean Water Act (CWA); and
WHEREAS, the CWA mandates that MS4 dischargers employ stormwater BMP's to ,
the maximum extent possible (MEP) when,the receiving waters are'not in compliance with,
state water quality standards; and
WHEREAS, the Springfield Common Council established City policy relating to the
operation and maintenance of privately-owned stormwater management facilities which
provide public stormwater management functions, specifically Chapter 3.01 of the City's
Engineering and Design Standards and p'rocedures Manual, as may be amended; and
WHEREAS, the City granted Westwind Estates Subdivision Tentative Plan approval,
reference SUB2005-00048 and Subdivision Plat approval, reference PRE2005-00056.
After Recording Return to:
Place Bar Code Sticker Here
,
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
Date Received:
DEe 1 8 2009
Page 1 of 8
Original Submittal
WHEREAS, Property Owner is the title-holder of real property commonly known as
an easement encumbering Tract B of Westwind Estates Subdivision, as recorded on
, 2009 in the Land Subdivision Plat records of Lane County, State of Oregon
and filed as C.S. File No. " as shown as EXHIBIT A, upon which the Water
Oualltv SwalefDetention Pond ,Is located or to be constructed, as generally depicted in
EXHIBIT B, Public'Improvement Project Plan # P30485 ; and
WHEREAS, the on-site Water Oualitv SwalefDetention Pond required by City's
Stormwater Management Plan shall be designed and constructed in accordance with the
City's Engineering and Design Standards and Procedures Manual; and
WHEREAS, City and Property Owner agree that the health, safety and welfare of the
'City's citizens require the Water Oualitv SwalefDetentlon Pond to be constructed and
maintai'ned on Property as more particularly described In the Subdivision Construction Plan
and shown in EXHIBIT B; and ' "
WHEREAS, Property Owner recognizes the Water Oualltv SwalefDetention Pond as
more particularly described and shown in EXHIBIT B,of which full-scale plans and any
amendments thereto are on file with the Engineering Division of City shall be installed and
maintained as Indicated in this Agreement and as required by the NPDES MS4 stormwater
discharge permit program, .
NOW, THEREFORE, the construction, operation and maintenance of the Water
Qualltv Swale/Detention Pond shall be regulated by the mutual covenants set forth herein,
Property Owner and City agree as follows:
SECTION 1: CONSTRUCTION .RESPONSIBILITY - PROPERTY OWNER
The Water Oualitv SwalefDetention Pond as shown on the Public Improvement Project Plan
as more particularly described and shown In EXHIBIT B shall be constructed or cause to be
constructed by Property Owner.
SECTION 2: SPECIFIC OPERATION AND MAINTENANCE RESPONSILITY
2.1. CITY
A) City shall endeavor to maintain the Water Oualitv SwalefDetention Pond in a manner
that allows the Water Oualitv SwalefDetention Pond to continue to operate and
perform the functions for which it was designed in order to attain compliance with the
NPDES MS4 stormwater discharge permit program and City's Engineering and Design
Standards and Procedures Manual.
B) City shall endeavor to maintain the Water Oualitv SwalelDetentlon Pond for operation
necessary to assure the proper functioning of the Water Oualitv SwalefDetention Pond
to provide stormwater drainage, and/or water quality management to multiple private
properties. City understands such endeavors may include removing sediment
accumulation resulting from the normal operation of the Water Oualitv
Swale/Detention Pond and Department of Environmental Quality mandated pollution
abatement in order to protect the City-wide storm water system. City will not accept
responsibility for landscaping for aesthetic purposes or other amenities Property Owner
may locate within the Water Oualitv SwalefDetention Pond.
Date Received:
Page 2 of'8
DEe 1 8 2009
Original submittal
C)
Except as specified in Subsection 2.1, City shall have no responsibility for maintenance
orsafety of the Water Oualitv S~alefDetention Pond.. ' -
Any City responsibilities delineated in Subsection 2,1 are 'subject to.the availability and
appropriation of funding as determined by the sound discretion of the of the
Springfield Common Council as set forth in Section 12.
D)
2.2. PROPERTY OWNER
" . .
In carrying out these maintenance obligations, Property Owner and Property Owner's heirs,
success~rs, and assigns are not agents, employees, volunteers or officials of City. In
conSideration of the City's maintenance responsibilities as set forth in Subsection 2,1, A)-D),
Property Owner shall:
A) Not compromise the proper functioning of the Wilter Oualitv SwalefDetention Pond to
provide stormwater drainage or water quality management for Westwlnd Estates
Subdivision (P30485l.
B) Install and maintain trees and other plants in and along' the Water Oualitv
swalefDetention Pond as conditioned in the Subdivision Tentative Plan and in
accordance with the City's Engineering Design Standards and Procedures Manual.
C) Incorporate the following mowing methods that shall be, used if the vegetation in the
Water Oualitv swalefDetention Pond requires mowing: a push type power mower; a
ridi~g mower with high flotation tires-or another method approved in writing by City.
D) Remove and dispose of dead vegetation and cuttings, including grass cuttings, from 'the
Water Oualitv SwalefDetention Pond in accordance with City requirements; and replace
vegetation as may be required by City in order to maintain Water Oualitv
Swale/Detention Pond functionality.
E) Remove any ga'rbage and litter In the Water OIJalitv Swale/Detention Pond.
F) Not apply or dump pesticides, herbicides, fertilizers, petroleum-based products or other
hazardous or foreign s'ubstances in the Water Oualltv SwalefDetention Pond.
G) Be s'ubject to all nuisance provisions of the Springfield Municipal Code, Including the
control of noxious weeds and vegetation and the removal of litter and debris, except as
necessary for the proper functioning of approved vegetation for the Water Oualitv '
SwalefDetention Pond, the Water Oualitv swale/Detpntion Pnn~. as well as the adjacent
access easement, if any, and the private property burdened by the Water Oualitv
SwalefOetention Pond and acc~ss easements
I) Submit a copy of as-constructed plans of the stormwater system to City upon
completion of construction.' .
J) Pay real property taxes on the real property underlying the easement on the Water
Oualitv swalelDetention Pond in a timely manner as described in Section 3.
k) Perform other, maintenance requirements as necessary'to ensure the proper functioning
of the Water Ouaiitv swaie/Detention Pond,
Date Received:
DEe 1 8 2009
Page 3 of 8
Original Submittal
)
"
SECTION 3: GRANT OF EASEMENT- ACCESS TO THE WATER OUALITY
SWALE/DETENTION POND
In,further consideration of the obligations undertaken by City in Section 2,1, Property
, Owner,hereby grants to City a perpetual, non-exclusive easement-located a~ shown on the
Plat for the purpose of access to and maintenance of the Water Oualitv swalefDetentlon
Pond located on Tract B of Westwind Estates Subdivision as described in Exhibit C,
SECTION 4: CITY INSPECTION
City m~y make periodic inspections necessary to accompiish any City requirements under
Section 2.1 and to review Property Owner compliance with Section 2.2. Property Owner
'hereby':grants permission to City and authorized agents and employees to enter upon
Property at reasonable times and In a reasonable manner to inspect, assess,or observe the
Water Oualltv SwalefDetentlon Pond. This inci'udes the right to enter upon' property without
notice'when Clty,has a reasonable basis to believe that a violation of this Ag'reement,City's
Engineering Design Standards and Procedures Manual; the N'PDES MS4 stormwater
discharge permit program including any amendments or re-issuances of thi? program, or
the Springfield Development or Springfield Municipal Codes is occurring, has occurred, or
threatens to occur. City also has a right to enter Property without notice when necessary for
abatement of a public nuisance or correction of a violation .of the authoritie~ listed above.
Upon inspection of the facility, City will notify Property Owner In writing of any noted
conditions, or practices that are not in compliance a'nd will specify a time frame for
"
corrective actions. '
SECTION 5: CHANGES AND MODIFICATIONS TO THE WATER OUALITY SWALE
City may make such adjustments, modifications and changes to the Water Oualitv
Swale/Detention Pond as City deems necessary to accomplish any requirements under
Section 2.1. Property Owner shall not make changes or modifications to the Water Oualitv
Swalef.Detention Pond without written approval and required permits from the City prior to
grading, filling, piping, cutting or removing, except for routine and minor landscape,
malnte'nance as specified in Section 2.2 or performing any alterations or modifications to
the Water Oualitv swale/Detention Pond.
SECTION 6: INDEMNIFICATION
Property Owner shall defend, Indemnify, and hold ha'rmless City and its authorized agents,
offlcer~, officials and employees from and against any and aii claims, demands, suits,
damages, liabilities, losses, accidents, casualties, occurrences, claims and payments;
Including attorney fees claimed or which might arise or be asserted against'City that are
alleged or proven to result or arise from the construction, presence, existence or
maintenance of the Water Oualitv swalefDetention Pond. In the event a claim is asserted
against City, its authorized agents, officers, officials or employees, City shall promptly notify
Property Owner and Property Owner shall defend, at Its own expense, any suit based on
such claim. If any judgment or claims against City, its authorized agents, officers, officials
or employees shaii be allowed, Property Owner shall pay for all costs and expenses in
..connection thereto. This Section shall not apply to any claims, demands, suits, damages,
liabilities, losses, accidents, casualties, occurrences, claims and payments', including
attorney fees claimed which arise due solely to the negligence or wiilful misconduct of City.
I' Nothing herein shall be deemed a waiver by City of the requirements of the Oregon
Governmental Tort Claim Act in ORS 30,260 through ORS 30.300.
Date Received:
"
Page 4 of 8
DEe ,1 8 2009
, Original Submittal
SECTION 7: AGREEMENT RUNS WITH THE LAND
This Agreement and Grant of Easement is perpetual and shall run with the land and shall be
binding' upon all Property Owners' heirs, successors, and assigns.
SECTION 8: SEVERABILITY
The provisions of this Agreement shall be severable and if any phrase, clause, section,
subsection, paragraph, subdivision, sentence or provision is adjudged invalid or
unconstitutional by a court of competent jurisdiction, or the applicability to any Property
Owner is held invalid, this shall not affect or invalidate the remainder of any"phrase, clause,
section, subsection, paragraph, subdivision, sentence or provision of this Agreement.
SECTION 9: RECORDATION OF AGREEMENT
This Agreement shall be recorded in the Lane County Recorder's Office by Property Owner at
Property Owner's expense and a copy of the recorded document shall be provided to City.
SECTION 10-: RELEASE OF AGREEMENT AND REMOVAL OF THE WATER OUALITY
SWALEfDETENTION POND
In the event City, in its discretion, determines the Water Oualitv Swaie/Detention Pond
located on Property is no longer required, then City may, at the request of Property Owner,
execute a release of this Agreement, which Property Owner may record in the Lane County
Recorder's Office a't Property Owner's expense. The Water Oualitv SwalefDetention Pond
shall not be removed from Property by Property Owner unless such a release is so executed
and recorded in the Lane County Recorder's Office by Property Owner at Property Owner's
expense.
SECTION 11: EFFECTIVE DATE AND MODIFICATION OF AGREEMENT
The effective date of execution is as stated at the beginning of this Agreement. Except as
specified in Section 12, this Agreement shall not be modified except by written instrument
executed by City and Property Owner at the time of modification. Such modification shall be
effecti,!e upon the date of execution and shall be recorded.
SECTION 12: TERMINATION OF AGREEMENT
In the event that Springfield Common Council determines, in Its sole discretion, that due to
budgetary or financial issues and constraints, City cannot continue to provide the services
described In Section 2.1, City may terminate this Agreement upon such a Resolution by
Springfield Common Council and the filing of such Resolution In the Lane County Recorder's
Office. Further, in the event of such a Resolution by City, Property Owner, Property Owner's
heirs, successors, and assigns and any Home Owner's Association shall be responsible for
fulfilling all requirements of Sections 2.1 and 2.2.
Date Received:
DEe 1 8 2009
Page 5 of 8
Original Submittal
r
IN WITNESS WHEREOF, the named Property Owner(s) have hereunto set their hands and
seals, this _ day of , 20~. .
PRJ~Eiuy OWNER(S)
,{.I d.i2l:fl1 /?"",/e- ~ _
./ ) I. i J
C),L-<\ l!t:?~ .t!r
(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF OREGON
COUNTY OF
} 55
,17M ();;:
BE IT REMEMBERED that on this .) -day of dY'.;J ;l1t/JUCE" _7009 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within
named ' (/ I '
. ~/?k i' II). nC'--lJe I \ whose identitv
was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that It> p
Is/are the [3,.,." k- il P of the within named Corporation and does acknowledge said
instrument to be the free act and deed of said Corporation, and that the seal affixed to, said instrument is
the Corporate seal of said Corporation, and that said instrument was signed and sealed in behalf of said
Corporation by authority of its,Board of Directors
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my official seal the day and year
" .
last above W~-'-~'3S2>-----iJ (2~'
. OFFICIAL SEAL , d ,,---j;, fJ, " ,
,", JUDY FLETCHER . :;.?~f-1, LJ~
: !'Ie, ", N,c~rrt~~.,~,.~,O,~L, ~OO~~3~~' Notarypublic fortOregon
[ MY CO~M~~~~ ~~t~~~~i~g l21Q .. . .J-j -10 -d () / 0
My Commission Expires
STATE OF OREGON
COUNTY OF
} 55
BE IT R~MEMBERED that on this
undersigned, a notary public in
,named ' ,/
day of , 2009 before me, the.
and for said County and State. ' personally appeared the within
whose identitv
was proved tome on the basis of satisfactory evidence and who by me duly sworn, did'say that
is/are the of the within named Corporation and does" acknowledge said
instrumeht to be the free act and deed o(said Corporation. and that the seal affixed to said instrument is
the Corp'orate seal of said Corporation, and that said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
last aboJe written, :
Notary Public for Oregon
My Commission Expires
Date Received:
Page 6 of 8
DEe 1 8 2009
Original Submittal
This conveyance set forth in this instrument conveying interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, is hereby approved and the interest conveyed
therein is hereby accepted.
CITY OF SPRINGFIELD
By:
,Dan E. Brown, Public Works Director
Date
STATE OF OREGON
COUNTY OF
} 55
. BE IT REMEMBERED that on this day of .200Lbefore
me, the undersigned, a notary public in and for said County and State, personally appeared
the within named Dan E. Brown whose identity was proved to me on the basis of satisfactory
evidence and who executed the within instrument and acknowledged to me that he executed the
same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my ofticial seal the day
and yem' last above written. '
Notary Public for Oregon
/
My Commission Expires
,
\
Date Received:
DEe 1 8 2009
,
Original Submittal
Page 7 of 8
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Original Submittal
. .
EXHIBIT "("
TRACT "B" OF THE PLAT WESTWIND ESTATES RECORDED AS CSF NO.
FILE DATE ,LANE COUNTY RECORDS, LOCATED IN THE CITY
OF SPRINGFIELD, LANE COUNTY, OREGON.
Page 8 of 8
,/
Date Received:
DEe 1 8 2009
Original Submittal