HomeMy WebLinkAboutEasement APPLICANT 1/20/2010
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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 V''''''lUl1el' , 20Q,2 by and between the City of Springfield, a municipal
corporation of the state of Oregon, ("City") and LibertvBank, an Orecon 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 '
WHERE'AS, 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
storm water 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 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 ,
Aun:REC EIVED
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
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1111111111/11111111111111111111111111111111111111 $112,00
01121916200900705770100109
12f23f2009 09:07:24 AM
RPR-ES"T Cnl=2 Sln=9 CASHIER 06
$5,00 $50,00 $10,00 $11,00 $16,00 $20,00
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Page 1 of 8
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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 Piat records of Lane County, State of Oregon
and filed as C.S. File No. , as shown as EXHIBIT A, upon which the Water
Qualitv Swale/Detention Pond, is iocated or to be constructed, as generally depicted in
EXHIBIT B, Public Improvement Project Plan # P30485 ; and
WHEREAS, the on-site Water Qualitv 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 Qualitv 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 Qwner recognizes the Water Qualitv Swale/Detention 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 progra'm.
NOW, THEREFORE, the construction, operation and maintenance of the Water
Qualitv 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 Quaiitv 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
constnucted by Property Owner.
SECTION 2: SPECIFIC OPERATION AND MAINTENANCE RESPONSILITY
2_1. CITY
A)
City shall endeavor to maintain the Water Qualitv SwalelDetention Pond in a manner
that allows the Water Qualitv Swale/Detention 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 ende"vor to maintain the Water Qualitv Swale/Detention Pond for operation
necessary to assure the proper functioning of the Water Qualitv Swale/Detention 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 op,eration 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 Qualitv Swale/Detention Pond.
RECEIVED
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: JAN 2. 02010
Page 2 of 8
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C) Except as specified in Subsection 2.1, City shail have no responsibility for maintenance
or safety of the Water Oualitv 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
Springfieid Common Council as set forth in Section 12.
2.2. PROPERTY OWNER
In carrying out these maintenance obligations, Property Owner and Property Owner'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 Owner sha II:
A) Not compromise the proper functioning of the Water Oualitv Swale/Detention Pond to
prOVide stormwater drainage or water quality management for Westwind Estates
Subdivision (P30485l.
B) Install and maintain trees and other plants in and along the Water Oualltv
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 foilowing mowing methods that shail be used if the vegetation in the
Water Oualitv 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 Oualitv Swale/Detention 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 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 Oualitv Swale/Detention Pond.
G) Be subject to ail 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 Oualitv Swale/Detention Pond as weil as the adjacent
access easement, if any, and the private property burdened by the Water Oualitv
Swale/Detention Pond 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.
RECEIVED
Page 3 of 8
JAN202010
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SECTION 3: GRANT OF EASEMENT - ACCESS TO THE WATEROUALITY
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 Oualitv 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 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
SwalefDetention Pond as City deems necessary to accomplish any requirements under
Section 2.1. Property Owner shall not make changes or modifications to the Water Qualitv
SwalefDetention Pond without written approval and required permits from the City prior 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, 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 Ouality 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
Governmental Tort Claim Act in ORS 30.260 through ORS 30,300.
RECEIVED
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Page 4 of 8
JAN 20 2010
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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, cia use,
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 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 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 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
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 Councii 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
fulfiiling all requirements of Sections 2.1 and 2.2.
RECEIVED
JAN 20 2010
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Page 5 of 8
By:
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IN WITNESS WHEREOF, the named proferty Owner(s) have hereunto set their hands and
seals, this l":lt~ day of () ece"" he ,2009 .
Z~ERTY OWNER(S) .
c;::z??Ju (f
(SEAL)
(SEAL)
(SEAL) ,
(SEAL)
STATE OF OREGON
COUNTY OF 4:;,-,tf!.
} 55
BE IT REMEMBERED that on this J 17 ~ay of M&-~ _2009 before me, the
undersigned, a notary public in and for said County and State, personally appeared the within
named D" \
' ~ /) k Ie /{), f)6Ve. J whose identitv
was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that h ('
islare the 'r.5t ," k 1/ 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 . ~~~
. OFFICIAl'SEAL
" JUDY FLETCHER
\. ,,/ NOTARY PUBLIC OREGON regon
COMMISSION NO, 403508
MY COMMISSION EXPIRES APRil 6, 2010
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My Commission Expires
STATE OF OREGON
COUNTY OF
} 55
BE IT REMEMBERED 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 identity
was proved tome on the basis of satisfactory evidence and who by me duly sworn, did say that
islare 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,
I;: ~lS ": \: :/'/,1
Notary Public for Oregon
My commiss'nEe ErVE D
Page 6 of B
JAN 202010
By:
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This conveyance set forth in this instrument conveying interest to the City of Springfield, a
Municipai Corporation or the State of Oregon, is hereby approved and the interest conveyed
therein is hereby accepted.
c:~~"ct"
Ot-l.Z?t:t1iL L- , '? W-lik
STATE OF OREGON }
COUNTY OF Lam 55
BE IT REMEMBERED that on this \ 6t~ day of PELf\'V\ 5E rL , 200Lbefore
me, the undersigned, a notary public in and for said County and State, personally appeared
the within nam~ D~ f.1315.'f1!; whose identity was proved to me on the basis of satisfactory
evidence and wli.;'~~ecuiedfue within instrument and acknowledged to me that he executed the
same freely and voluntarily.
\.?-
Date
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year last above written.
. OFFICIAL SEAL
, CHRIS MOORHEAD
'" i NOTARY puauC-OAEGON
, COMMISSION NO. 427460
Il'f COMMISSION EXPIRES MAR, 31, 20t 2
YlAJv~
Notary Public for Oregon
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My Conunission Expires
RECEIVED
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JAN 20 2010
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EXHIBIT "C'
TRACT "B" OF THE PLATWESTWIND ESTATES RECORDED AS~F No.2~ ,!Ai'tJS7S
FILE DATE 23~ 2acP' ,LANE COUNTY RECORDS, LOCATED IN THE CITY
OF SPRINGFIELD, LANE COUNTY, OREGON.
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RECEIVED
JAN ~ 02010
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page 8 of 8