HomeMy WebLinkAboutPacket, Pre PLANNER 10/21/2009
Date Distributed:
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PRE.SUBMITTAl REC'O
OCT 2 1 2009 .
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PRE-SUBMI'1 1'AL PLAT
DISTRIBUTION LIST:
City.of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
541-725-3753 Phone
541-726-3689 Fax
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Pre-Submittal Meeting
Case Number Assigned: PRE2009-00028
Date Submitted: . 10/21/2009
Proiect Name: WESTWIND ESTATES SUBDIVISION
Project Description: Pre-Submittal for Subdivision Plat for 103 lot subdivision Westwind Estates
Application Type: Subdivision Plat
Job Address: Vacant - S 48thlDaisy St & Weyer Rd
Assessor's & Tax Lot #: 1702320000104
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DISCLAIMER: Applications will not be exempt from Development Code or procedural amendments that may occur
between the time of the Pre-Submittal Meeting and Submittal of the Application for Development Review. Please contact our
office at 541-726-3753 with any questions or concerns.
A Planner will be assigned the following business day and will contact you to confirm the meeting date and time.
PRE-SUBMITTAL REC'D
OCT 21 2009
PlanJobPrint.rpt
10/21/2009
2:50:48PM
Jre-Su-)mitta~ Y~eeting
Development Services Department
Room 615/616
PRE-SUBMITTAL MEETING DATE: Friday, October 30, 2009
1. PRE-SUBMITTAL MfG #PRE2009-00028 (SUB PLAT) HAYDEN HOMES!
Assessor's Map: l7-02-32~OO TL 104 LffiERTY BANK
Address: Vacant - S 48thIDaisy St & Weyerhaeuser Rd
. Existing Use: Vacant
The applicant submitted plans to plat a 103-lot subdivision, Westwind Estates
Meeting Dateffime: Friday, October 30, 2009 11:00 - noon DSD 616
Planner: Steve Hopkins
PRE.SUBMITIAL. REC'O
OCT 2 1 2009
:Ow of Springfield "
Development Services Department
225 Fifth Street
Springfield, OR 97477
Land Division Plat
Partition, Subdivision
. ..
. -.
Applicant Name: CHAD J. BETTESWORTH Phone: 541-923-6607
Icompany: HAYDEN HOMES Fax: 503-296-2809 I
IAddress: 2464 SW GLACIER PLACE, STE.II 0 REDMOND OR 97756 J
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.IAPPlicant's Rep.: MATT KEENAN Phone: 541 684 4902 I
Icompany: KPFF CONSULTING ENGINEERS Fax: 541 684 4909 /
IAddress: 1201 OAK STREET, EUGENE OR 97401 I
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Property Owner: LIBERTY BANK INC.
Phone:
Company:
IAddress:
IASSESSOR'S MAP NO: 170232
I Property Address: NA
I Size of Property: 28.49
jProposed Name of Subdivision:
LIBERTY BANK INC.
Fax:
ITAX LOT NO(S): 104
Acres 12<::1
Square Feet D
I
I
WESTWIND ESTATES SUBDIVISION
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I Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: 103 Lot subdivision . ,
I Existing Use: VACANT
I # of Lots/Parcels: 103
ISi natures: Please si nand
I Tentati~e Case #:
IAVg. Lot/Parcel Size: 51il sf /Density; du/acre
rint your name and date in the a ora riate box on the next
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Associated Applications:
[pre-SUb Case No.: Pt<E-2.Doq -{){f):J:;( Date: 10,2-' 01 Reviewed by: 1)f
Icase No.: Date: Reviewed by:
IAPplication Fee: $ '34-&.00 ITechnical Fee:.$ 11 I Postage Fee: $0
:'4-(" miRE-SUBMITTAL RE~I&AOJECTNUMBER: P QJl0cG -0004-,
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TOTAL FEES: $
Revised 1/1/08 Molly Markarian
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Owner Signatures
This application form is used for both the required pre-submittal meeting and subsequent
complete application submittal. Owner signatures are required at both stages in the application
process. An application without the Owner's original signature will not be accepted.
Pre"Submittal
The under ignedacknowledges that the information in this application is correct and accurate for scheduling of the
Pre- 5 m ttal Meeting. .
Owner:
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Date:
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Submittal
I represent this application to be complete for submittal to the City. Consistent with the completeness check
performed on this application atthe Pre-Submittal Meeting, I affirm the information identified by the City as
necessary for processing the application is provided herein or the information will not be provided if not otherwise
contained within the submittal, and the City may begin processing the application with the information as submitted.
This statement serves as written notice pursuantto the requirements of ORS227.178 pertaining to a complete
Owner: apPI~ /. / ./
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PRE.SUBMITTAl REC'O
OCT 2 12009
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Revised 1/1/08 Molly'Markarian
2 of 6
CITY OF SPRINGFIELD
VICINITY MAP
PRE2009-00028
th. . .
Vacant - S 48 /Daisy St & Weyerhaeuser Road
.,.
North
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PRE.SUBMITTAL REC'O
OCT 2 1 2009
Eugene Professional Building, 132 East Broadway, Suite 538
Eugene, OR 97401 (541) 684-4902 FAX (541) 684-4909
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..M E M 0 RAN 0 U M
DATE:
TO:
CC:
FROM:
RE:
June 27, 2006
Steve Barnes, City of Springfield
Mark Hanson, Westwind LLC
Matt Keenan, KPFF
Type II Tentative Subdivision Review
Case #SUB2005-00048
PROJECT NO.:
305809
The foilowing conditions from Type II Tentative Subdivision Review Staff Report and
Decision dealing with public improvements have been addressed in the foilowing manner:
1. Final design of the Union Terrace secondary access and associate traffic control
shall be determined as part of a public improvements project (PIP) plan review
process.
Union Terrace secondary access is designed as part of the PIP review. The design
included a gravel access road, bollards and a driveway apron (see sheet C2.1).
These improvements were a result of the PIP review by City engineering and
traffic.
2. Applicant shall be responsible for installing signs and/or pavement markings as
necessary to implement any parking restrictions that are required by as a condition
of approval on this development.
This item is complete and shown on public improvement plans. Signs and pavment
markings were design based on direction by City engineering and traffic.
3. Execute and record an .Improvement Agreement for paving, curblgutter, sidewalks, street
lighting and street trees for a future street over the portion of Booth Keily Road ROW that
will not be improved with this subdivision.
An agreement was executed during the tentative plan process, between the owner and the City
of Springfield, to address this condition. .
4.. Prior to final plat approval, applicant shail obtain written approval by the City
Engineer and City Traffic Engineer for design of the curve adjacent to Lots 47 - 49.
PRE.SUBMITTAl REC'O
J:\clp\2005\305809IDocsIMEMO 060627 Type II Sub RWI Response to City. doc OCT 2 1 2009
Page 1 of5
/
Eugene Professional Building, 132 East Broadway, Suite 538
Eugene, OR 97401 (541) 684-4902 FAX (541) 684-4909
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This item is complete and shown on public improvement plans. Approved by City
engineering and traffic. This curve was modified from the original curve shown in
the tentative plan to meet the City's requirements.
5. On the subdivision plat, name the proposed streets South 48th Street, South 48th Place,
Holly Street, Glacier Drive, South 49th Street and South 49th Place as shown on the
attached plat map.
Streets have been named per this request and shown in the public improvement plans. See
signage and striping plans.
6. The applicant shall determine with SUB the necessary easements. Easements
shall be dedicated with the Final Plat.
SUB has completed their review and the public improvement plans comply with their
requirements. The easements will be dedicated with the Final Plat.
7. The Revegetation Plan shall show plantings under power lines that will be no taller
than 20' at maturity.
This item is complete and is shown on the plans. The landscape architect has reviewed
all of the planting with SUB and all of the plants/trees now meet their requirements
completely. SUB has given their approval on the planting.
8. Prior to approval of the Final Plat, the applicant shall dedicate, in accordance with Section
32.120.(5) (a) of the Springfield Development Code, a 14 foot public easement covering the
proposed 8 inch sanitary sewer line serving lots 102-112 and located in Tract G. The
easement shall extend to the connection of the existing public system.
Lots 102-122 are not being developed at this time and are not included with the current PIP.
9. Prior to approval of the Public Improvement Plan, the applicant shall show the flow line
elevations of the existing pubic sanitary sewer systems at the proposed connection
points with the new sewer systems.
Invert elevations are shown in profile view for existing manholes at proposed connection
points.
10. At the time of PIP review and prior to Final Plat, the applicant shall enter into a
maintenance agreement with the City of Springfield, whereby the City will provide routine
maintenance for functionality of the grassy swale/detention pond serving the subdivision.
. The owner agrees to this request and an agreement will be executed prior to the Final Plat.
The owner requests this form from the City. The owner will sign this form upon receiving
the agreement form.
PRE.SUBMITTAl REC'D
OCT 2 1 2009
f:\c\p\2005\305809\DocsIMEMO 060627 Type II Sub Rvw Response to City. doc
Page 2 of 5
Eugene Pr9fessional Building, 132 East Broadway, Suite 538
Eugene, OR 97401 (541) 684-4902 FAX (541) 684-4909
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11. Prior to Final Plat approval, the applicant shall dedicate a public drainage easement over
Tract S, due to public water draining into the pond and to ensure the City can perform
routine functional maintenance of the pond.
A public drainage easement over Tract B will be dedicated prior to Final Plat in accordance with
this condition.
12. Prior to Final Plat approval, the applicant shall provide the flow line elevations of the
proposed area drains associated with the 12 inch piped connections to the 48th Street
Channel. Additionally, the applicant shall supply a standard detail drawing depicting the
proposed connection to the 48111 Street Channel, showing appropriate erosion control and
velocity dissipations measures (I.e. riprap).
This condition is not applicable, because proposed development does not include the area
referenced. This lower area shown is not being developed at this time.
13. Prior to approval of the Final Plat, the applicant shall make provisions to ensure the
existing wetland hydrology for the wetland located in Tract C is not altered as a
result of the proposed development.
The stormwaterdischarge to the existing wetland in Tract G will been limited to the pre-
. developed rate. A flow control manhole and detention pond has been designed to
meet this condition. The design contained in the PIP plans is supported by the
calculations contained in the storm drainage report.
,
14. Prior to Final Plat approval, the applicant shall submit a proposed seed mix for the public
grassy swaleidetention pond. The seed mix shall meet the requirements of the City's
interim design standards as required in Section 3.02 of the EDSPM. The City of Portland
stormwater management manual may be referenced for design.
Seed mix, meeting the requirements of the Gity's interim design standards as required in Section
3.02 of the EDSPM, is noted on the PIP documents. The seed mix called out in the plans
and is an approved Gity of Portland BES seed mix.
15. To ensure a fully functioning water quality sYi>tem and meet objectives of Springfield's
MS4 permit, the Springfield Development Code and the EDSPM, the grassy
swaieldetention pond shall be fully vegetated with all vegetation species established prior
to City acceptance of the Public Improvement Project. Alternatively, if this condition
cannot be met, the applicant shall provide and maintain additional interim erosion
. control/water quality measures acceptable to the Public Works Department that will suffice
until such time as the swalevegetation becomes fully established.
This condition is covered in the PIP documents with planting plans that will fully vegetate the
swale/detention pond. Temporary erosion control, until full vegetation is established, is
covered in the approved LDAP.
PRE.SUBMITTAL REC'O
OCT 2 I 2009
. Page3of5
1:\c\P\2005\305809\Docs\MEMO 060627 Type /I Sub Rvw Response to City. doc
Eugene Professional Building, 132 East Broadway, Suite 538
Eugene, OR 97401 (541) 684-4902 FAX (541) 1184-4909
.>:nL :I~~ =~~ ....
16. Fire apparatus access roads shall support an 80,000 lb. imposed load per 2004
Springfield Fire Code 503.2.3 and SFC Appendix D1 02.1.
The fire apparatus access road section is more than adequate to support an 80,000 Ib
load. .
17. No parking signage shall be posted on one side of 28 foot wide streets per SFC
503.3 and SFC Appendix D103.6.
This condition has been met in the PIP plans. See striping and signage plans.
18. No parking signage shall be posted on both sides of 20 foot wide fire apparatus access
roads per SFC 503.3 and SFC Appendix 0103.6.
This condition has.been met in the PIP plans. See striping and signage plans.
19. A method.shall be installed to identify the edges of the secondary fire.apparatus access
road on Tract F.
This condition has been met in the PIP plans.
20. When submitted, the building plans shall meet the specific development standards for
single-family dwellings in Cluster Subdivisions iisted in SDC 16.1 00(3)(g).
This condition wil! be addressed with the residential home development.
21. The conditions of approval of the Hillside Overlay District appiication DRC2005-
00063 are hereby incorporated as conditions of approval of this subdivision.
application. Those conditions are as fol!ows:
a. Erosion prevention and control measures are required as part of Pubiic
Improvement Plans and LDAP permits.to prevent sediments from impacting
natural drainages or leaving a site.
This is complete. An approved LDAP has been issued.
b. A geo-technical en'gineer is required to review and approve geo-technical
aspects of the approved work, including site stability and large scale soil
disturbances.
The project geotechnical engineer. (GeoPacific) has reviewed the public
improvements concept and grading for site stability and large-scale soil
disturbances and he has no issues with what is being proposed.
c. Because there .is existing development located downslope from areas that will
be graded during street and utiiity construction, geo~technical designs and
erosion control plans must specifically address potential impacts to off-site
1:\c\P\2005\305809IDocs\MEMO 060627 Type /I Sub Rvw Response to City. doc
PRE-SUBMITTAL REC'Qage 4 of 5
OCT 2 1 2009
Eugene Professional Building, 132 East Broadway, Suite 538
Eugene, OR 97401 (541) 684-4902 FAX (541) 684-4909
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properties and are required with. submittal of plans for public improvements.
Final designs and reports from the submitting engineer and the project geo-
tech are subject to review and approval by the City Engineer.
This is complete. An approved LOAP has been issued.
d. Building envelopes for lots on the north side of '8' Street (South 48th Place and
Glacier Drive) and the east side South 49th Place shall be shown on the final
plat and specified in Covenants, Conditions, and Restrictions recorded with the
subdivision plat.
Building envelopes will be shown on the Final Plat and specified in the homeowner
CC and R.
Permits Required:
. All new sewer taps will require permits from the Public Works Department prior to
connection.
All proposed sewer taps are shown on the public improvement plans.
. Sidewalks and driveway curb cuts and closures require permits from the Public
Works Department. .
Sidewalks and driveway curb cuts are shown on the public improvement plans.
. An LDAP permit is required for all grading, filling and excavating being done. The
location and depth of fill placed on the lots must be documented. It is recommended
by the Building Department that fill not be placed on building pads unless it is
properly compacted and documented by an engineer or testing laboratory.
An approved LOAP has been issued.
PRE-SUBMITTAL REC'D
OCT 2 1 2009
1:lc\p120051305B091Docs1MEMO 060627 Type /I Sub Rvw Response to City. doc
Page 5 of 5
CITY OF SPRINGFIELD
STORMWATER TREATMENT FACILITIES OPERATION AND
MAINTENANCE AGREEMENT AND GRANT OF EASEMENT
This Stormwater Treatment Facilities ("Water Oualitv Swale/Detention Pond") Operation
and Maintenance Agreement ("Agreement") and Grant of Easement is entered into this
day of , 2009 by and between the City of Springfield, a municipal
corporation of the state of Oregon, ("City") and (Property
Owner"). .
RECITALS
WHEREAS, under the provisions of the Federal Clean Water Act, City is required to
meet the. requirements of the Nationai 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
stormwater 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 Procedures Manual, as may be amended; and
WHEREAS, the City granted Westwind Estates Subdivisiol} Tentative Plan approval,
reference SUB200S-00048 and Subdivision Plat approval, reference PRE200S-000S6.
After Recording Return to:
Place Bar Code Sticker Here
City of Springfield
Public Works Department
22S Fifth Street
Springfield, OR 97477
Attn: Engineering Division
PRE.SUBMITIAl REC'O
OCT 2 12009
Page 1 of 7
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
Oualitv Swale/Detention Pond ,is located or to be constructed, as generally depicted. in
EXHIBIT B, Publlc.lmprovementProject Plan # P30485 ; and
WHEREAS, the on-site Water Oualltv Swale/Detention 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 Swale/Detention Pond to be constructed and
maintained on Property as more particularly described in the Subdivision Construction. Plan
and shown in EXHIBIT B; and
WHEREAS, Property Owner recognizes the Water Oualitv Swale/Detention Pond as
more particl,llarly 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
Oualitv 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 Swale/Detention 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 Swale/Detention Pond in a manner
that allows the Water Oualitv Swal.e/Detention Pone[ 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 Swale/Detention Pond for operation
necessary to assure the proper functioning of the Water Oualitv Swaie/Detention Pond
to provide stormwaterdrainage 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 Qualitv
Swale/Detention Pond and Department of Environmental Qualitymandated 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 Swale/Detention Pond.
Page 2 of 7
PRE-SUBMITTAL REC'O
OCT 2 1 2009
C)
Except as specified in Subsection 2.1, City shall have no responsibility for maintenance
or safety of the Water Qualitv Swale/Detention Pond.
0)
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.
2.2. PROPERTY OWNER
In carrying out these maintenance obligations, Property Qwner and Property Qwner's heirs, .
successors, 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 Qwner shall:
A) Not compromise the proper functioning of the Water Qualitv Swale/Detention Pond to
provide stormwater drainage or water quality management for Westwind Estates
Subdivision (P3048S).
B) Install and maintain trees and other plants in and along the Water Qualitv
Swale/Detention 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 Qualitv Swale/Detention Pond requires mowing: a push type power mower; a
riding mower with high flotation tires or another method approved in writing by City.
0) Remove and dispose of dead vegetation and cuttings, including grass cuttings, from the
Water Qualitv Swale/Detention Pond in accordance with City requirements; and replace
vegetation as may be required by City in order to maintain Water Qualitv
Swale/Detention Pond functionality.
E) Remove any garbage and litter in the Water Qualitv Swale/Detention Pond.
F) Not apply or dump pesticides; herbicides, fertilizers, petroleum-based products or other
hazardous or foreign substances in the Water Qualitv Swale/Detention Pond.
G) Be subject 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 Qualitv
Swale/Detention Pond, the Water Qualitv Swale/Detention Pond as well as the adjacent
access easement, if any, and the private property burdened by the Water Qualitv
Swale/Detention Pon<t and access 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
Qualitv Swale/Detention 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 Qualitv Swale/Detention Pond.
PRE-SUBMITTAL REC'D
OCT 2 1 2009
Page 3 of 7
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 as shown on the
Plat for the purpose of access to and maintenance of the Water OUnlitv Swale/Detention
Pond located on Tract B of Westwind Estates Subdivision as described in Exhibit C.
SECTION 4: CITY INSPECTION
City may make periodic inspections necessary to accomplish 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 Oualitv Swale/Detention Pond. This includes the right to enter upon Property without.
. notice when City has a reasonable basis to believe that a violation of this Agreement, City's
Engineering Design Standards and Procedures Manual, the NPDES MS4 stormwater
discharge permit program including any amendments or re-issuances of this 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 authorities 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 and 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
Swale/Detention Pond without written approval and required permits from the City prio~ to
grading, filling, piping, cutting or removing, except for routine and minor landscape '
maintenance 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 harmless City and its authorized agents,
officers, officials and employees from and against any and all claims, demands, suits,
damages., iiabilities, losses, accidents, casualties, occurrences, claims and payments,
including attorney fees claimed or which might arise or be asserted against City that are
allege9 or proven to result or arise from the construction, presence, existence or
maintenance of the Water Oualitv Swale/Detention 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 shall 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 willful misconduct of City.
Nothing herein shall be deemed a waiver by City of the requirements of the Oregon
Governmentai Tort Ciaim Act in ORS 30.260 through ORS 30.300.
PRE.SUBMlTIAl REC'O
OCT 2 1 2009
Page 4 of 7
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
SWALE/DETENTION POND
In the event City, in its discretion, determines the Water Oualitv Swale/Detention Pond
located on Property ;s 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 at Property Owner's expense. The Water Oualitv Swale/Detention Pond
shall not be removed from Property by Property Owner unless such a release is so executed
and recorded in the Lane County R~corder'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
effective 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.
PRE.SUBMITTAl REC'O
OCT 2 1 2009
Page 5 of 7
IN WITNESS WHEREOF, the named Property Owner(s) have hereunto set their hands and
seals, this _ day of ,2009 .
PROPERTY OWNER(S)
(SEAL)
(SEAL)
(SEAL)
(SEAL)
STATE OF OREGON
COUNTY OF .
} 55
BE IT REMEMBERED that on thi~
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 to me 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
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 behaif of said
Corporation by authority of its Board of Directors
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officiai seal the day and year
last above written.
Notary Public for Oregon
My Commission Expires
STATE OF OREGON
COUNTY OF.
} 55
BE IT REMEMBERED that on thi~
undersigned, a notary pubiic in
named
day of 2009 before me,. the
and for said County and State, personally appeared the within
whose identitv
was proved to me 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 acknowiedge 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 written. '
Notary Public for Oregon
My Commission Expires
Page 6 of 7
PRE.SUBMITTAl REC'O
OCT. 2 12009
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
STATE OF OREGON
COUNTY OF
1 ss
Date
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 tome that he executed the
same freely and voluntarily.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year last above written.
Page 7 of 7
Notary Public for Oregon.
My Commission Expires
PRE-SUBMITTAL REC'D
OCT 2 1 2009
WESTWIND ESTATES
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~ - 20 OF 47
"NOI ~ ," FEEl" :
EXHIBIT tiC"
TRACT "8" OF THE PLAT WES1WIND ESTATES RECORDED AS CSF NO. .
. FILE DATE , LANE COUNTY RECORDS, LOCATED IN THE CITY
.OF SPRINGFIELD, LANE COUNTY, OREGON.
PRE.SUBMITTAL REC'D
OCT 2.12009
I"
l
D SYSTREET
-- - --, ONLY AREASOllTH OF
.......~ DAISY STREET WAS
INVESTIGATED FOR
WETlANDS
1/
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REGISTERED
PROFESSIONAL
LAND SURVEYOR
7~~, NEl/4S=S'
JULY 26, 1988 .~...."."RANG" ...,_.1
TIMOTHY D. MAHONEY TAX LOT NO. . NIAI
~ .2347" del. I
...... FILE: 305809wt1nd_ .'J'i
EXPIRES 12/31/07 SURVEYED BY, JJIREV.
NOTES
1. WETLAND BOUNDARY LINES WERE DETERMINED BY ENVIRONMENTAL SCIENCE
ASSOCIATES. INC. ACTUAL WETLAND BOUNDARY MARKERS WERE FIELD LOCATED BY
KPFF. AS SHOWN HEREON.
2. THIS SURVEY WAS COMPLETED BETWEEN 7-19-05 AND 7-25-2005.
3. BOUNDARY LINES ARE COMPILED FROM AN UN-RECORDED SURVEY BY BLUHM AND
ASSOCIATES, DATED DECEMBER 1997 AND THE LEGAL DESCRIPTION FROM A TITLE
REPORT PREPARED BY FIDELITY NATIONAL TITLE COMPANY OF OREGON. ORDER NO.
00-708428-46-.4., DATED APRIL 19, 2005. .
VERTICAL DATUM IS CITY OF SPRINGFIELD DATUM. BASED ON SURVEY BY BLUHM
AND ASSOCIATES, DATED DECEMBER 1997. .
4.
EXISTING TAX LOT NUMBERS SHOWN ON THIS SHEET REFLECT TAX ASSESSOR MAPS:
NO. 17-02-32-44
NO. 17-02-32
NO. 17~02-33
NO. 17-02-33-33
NO. 18-02-04
6. THIS PROPOSED SUBDIVISION LIES ENTIRELY WITHIN THE CITY OF SPRINGFIELD
URBAN GROWTH BOUNDAR~
5.
7. WESTWlND ESTATES, CITY OF SPRINGFIELD CASE NO. SUB 2005-00048.
8. WETLAND AREAS SHOWN ARE ONLY THAT PORTION LYING WHOLLY WITHIN THE
PROPERTY BOUNDARY.
WETLAND A = 24,773 SQ. FT.
WETLAND B = 564 SQ. FT.
!\tOb.
If "r/y
o
SCALE
200
400
PRE.SUBMllTAl REeD
OCT 2 12009
o 100 200
1 INCH = 200 FEET
I
~ I7J!I!fPD Consulting Enfl!~~ers
I IiilMU tttS"'FlItA~&b2500 O'r!ll2Ol-382l
I _ ~2f!Hl2SI CMFu(STJ$rJ4.-.468t
I ~ ...",. Lee...... .. Ff-*'t:O .. DIIIw ~ ... ~
,"BY I
DATE
DESCRIP'ITON
WETLAND DELINEATION PLAN FOR
WESTWIND ESTATES SUBDIVISION
CITY OF SPRINGFIELD, OREGON
I DATE: 1/18{20Ofi
IsCA.I.E: '1-=200
I CONTOUR INTERVAL: 1 FI'
I PROJECT NO. 305809
I SHEET: I OF]