HomeMy WebLinkAboutEasement APPLICANT 9/18/2007 (2)
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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") Operation and Maintenance
Agreement ("Agreement") and Grant of Easement is entered into this ~~ day of
A/.'~lit" , 2007 by and between the City of Springfield, a municipal corporation
of th state of Oregon, ("City") and Corev DeveloDment, LLC, (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 NPDE~unicipal 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
storm water 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 Leqacv Estates Subdivision Tentative Plan approval,
reference SUB2005-00047 and Subdivision Plat approval, reference PRE2006-00105,
After Recording Return to:
Place Bar Code Sticker Here
,
Division of Chief Depuly Clerk
Lane Counly Deeds and Records
City of Springfield
Public Works Department
225 Fifth Street
Springfield, OR 97477
Attn: Engineering Division
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111111\\ 11111111111111111\ 1I111111111111111111111 $76,00
0093318020070055450010010806/06/2007 09: 15:26 AM
RPR-ESMT Cnl=2 Sln=15 CASHIER D7
$5,00 $50.00 $10.00 $11,00
Page 1 of 7
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WHEREAS, Property Owner is the title-holder of real property commonly known as
an easement encumbering Parcell of Land Partition Plat 92-P0235 as recorded on JULY 21,
1992 in the Lane County Oregon Plat records and filed as C.S. File No. 30688, as shown as
EXHIBIT A, upon which the Water Oualitv Swale , is located or to be constructed, as
generally depicted in EXHIBIT B, Public Improvement Project Plan # P30519 ; and
WHEREAS, the on-site Water Quality Swale 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 to be constructed and maintained on
Property as more particularly describediri the Subdivision Construction Plan and shown in
EXHIBIT B; and
WHEREAS, Property Owner recognizes the Water Qualitv Swale 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
Qualitv Swale 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 Quality Swale 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 Qualitv Swale in a manner that allows the
Water Oualitv Swale 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 Qualitv Swale for operation necessary to
assure the proper functioning of the Water Quality Swale to provide stormwater
drainage and/or water quality management to multiple private properties. City
understands such endeavors may include removing sediment accum,ulation resulting
from the normal operation of the Water Qualitv Swale 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
Swal.e.
C) Except as specified in Subsection 2.1, City shall have no responsibility for maintenance
or safety of the Water Qualitv Swale.
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D)
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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 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 shall:
A) Not compromise the proper functioning of the Water Oualitv Swale to provide
stormwater drainage or water quality management for Leqacv Estates Subdivision as
filed in the Lane County Oregon Plat records (Citv Proiect No. P30519).
B) Install and maintain trees and other plants in and along the Water Oualitv Swale 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 Swale requires mowing: a push type power mower; a riding' 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 Swale in accordance with City requirements; and replace vegetation as
may be required by City in order to maintain Water Oualitv Swale functionality.
E) Remove any garbage and litter in the Water Oualitv Swale.
F) Not apply or dump pesticides, herbicides, fertilizers, petroleum-based products or other
hazardous or foreign substances in the Water Ouality Swale.
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 Oualitv
Swale, the Water Oualitv Swale as well as the adjacent access easement, if any, and
the private property burdened by the Water Oualitv Swale and access easements
:1) Submit a C9PY of as-constructed plans of the stormwater system to City upon
f completion of construction.
':l) Pay real property taxes on the real property underlying the easement on the Water
Oualitv Swale in a timely manner as described in Section 3.
k) Perform other maintenance requirements as necessary to ensure the proper functioning
of the Water Ouality Swale.
SECTION 3: GRANT OF EASEMENT - ACCESS TO THE WATER OUALITY SWALE
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
Page 3 of 7
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Plat for the purpose of access to and maintenance of the Water Oualitv Swale located on
Parcell of Land Partition Plat 92-P0235 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 a't reasonable times and in a reasonable manner to inspect, assess or observe the
Water Qualitv Swale. 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 r,e-issuances of this program, or the Springfield
Development or Springfield Municipal Codes is occurring, has occurred, or threatens to
occu r. 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
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 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 OualitY Swale,
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 Oualitv Swale. 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. .
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.
Page 4 of 7
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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, sentenceor provision of this Agreement,
SECTION 9: RECORDATION OF AGREEMENT
This Agreement shall be recorded in the Lane County Recorder's Office at Property Owner's
expense and the original recorded document shall be provided to City.
SECTION 10-: RELEASE OF AGREEMENT AND REMOVAL OF THE WATER OUALITY
SWALE
In the event City, in its discretion, determines the Water Oualitv Swale 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 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 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. '
Page 5 of 7
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IN WITNESS_WHEREOF, the
seals, this ~ day of
perty Owner(s) have hereunto set their hands and
,2007 .
D'S. Corey, Me
Corey Developmen ,
} 88
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BE IT REMEMBERED that on thls~ day of ,2007 . before me,
the undersigned, a notary public in and for said personally appeared the within
named David S. Corey, Member of Corev Deve Dmen , LLC whose identity
was proved to me on the basis of satisfactory evidence and who by me duly sworn, did say that he
is a member of the within named Corporation and does acknowledge said instrument to be the free
act and deed of said Corporation, and that said instrument was signed and sealed in behalf of said
Corporation by authority of its Board of Directors
STATE OF OREGON
COUNTY OF LANE
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed
last above written,
.,., " liil' PA OFFICIAL SEAL ,
", i' MELA G GOESE .,
! NOTARY PU811C'OREG5N'"
MY COMMIS~~~~~,~NESNJOA' 376213
. N,12,2008
Page 6 of 7
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This conveyance set forth in this instrument conveying interest to the City of Springfield, a
Municipal Corporation of the State of Oregon, ;s hereby approved and the interest conveyed
therein is hereby accepted.
CITY OF SPRINGFIELD
~y: Q....... -e~ ~nr-...., .I
Dan E. Brown, Public Works Director
1l.~L(.I+ 01.., ;;)..00')
Date
STATE OF OREGON
COUNTY OF LANE
} SS
BE IT REMEMBERED th~t on this .;:;>V\ ~ day of , k/ 2007 before
me, the undersigned, a notary public in and for said Co and State, personally appeared
the within named Dan E. Brown whose identity was proved to me on the basis of satisfactory
~vidence 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 official seal the day
and year last above written.
<---(" e-<'<C.-f)~ g. l.-d-u t-C
Notary Public for Oregon
\D hlD/cWOS
My Com1nissioh Expires
\~~'-"'Sw.l<'S-O \"',...,." ~\>\~U-;;;')
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. OFFICIAL SEAL
TERESA J WHITE
'. ; NOTARY PUBLIC. OREGON
.,: ..... COMMISSION NO. 3B5682
MY COMMISSION EXPIRES OCT. IS. 2008
Page 7 of 7
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EXHIBIT 'c'
A PORTION OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 17 SOUTH,
RANGE 3 WEST OF THE WILLAMETTE MERIDIAN, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PORTION OF PARCEL 1, LAND PARTmON PLAT 92-P0235, LANE COUNTY OREGON
PLAT RECORDS, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
. BEGINNING AT A POINT IN THE ~OUTHERLY LINE OF SAID PARCEL 1, SAID POINT
BEING WEST 113.65 FEET FROM THE SOUTHEAST CORNER OF SAID PARCEL 1; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 40.91 FEET; THENCE SOUTH 89000'17" WEST
59.47 FEET; THENCE NORTH 0059'43" WEST 14.00 FEET; THENCE NORTH 89000'17" EAST
59.47 FEET; THENCE NORTH 0003'56" WEST 36.09 FEET; THENCE WEST 72.08 FEET TO A
, POINT OF CURVATURE; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS
'i OF 157.00 FEET, AN ARC DISTANCE OF 123.15 FEET [THE CHORD OF WHICH BEARS
NORTH61012'11" WEST 120.01 FEET]; THENCE SOUTH 51016'04" WEST 8.45 FEET; THENCE
I ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 165.45 FEET,AN ARC DISTANCE
OF 112.21 FEET [THE CHORD OF WHICH BEARS NORTH 19018'09" WEST 110.07 FEET] TO
A POINT OF TANGENCY; THENCE NORTH 0007'39" EAST 590.42 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF HARVEST LANE (COUNTY ROAD 698), SAID POINT
BEING 20.00 FEET FROM, WHEN MEASURED AT RIGHT ANGLES TO, THE CENTERLINE
OF SAID HARVEST LANE; THENCE FOLLOWING ALONG SAID SOUTHERLY RIGHT-OF-
WAY, SOUTH5'5015'31"WEST 10.09 FEET TO A POINT OF CURVATURE; THENCE ALONG
I A CURVE TO THE RIGHT HAVING A RADIUS OF 821.00 FEET, AN ARC DISTANCE OF 74.30
FEET [THE CHORD OF WHICH BEARS SOUTH 60012'28" WEST 74.27 FEET] TO A POINT ON
THE EASTERLY LINE OF THAT PARCEL CREATED THROUGH THAT CERTAIN NOTICE OF
JDDGEMENT RECORDED 10 JANUARY 1994 IN RECEPTION #94-01874, LANE COUNTY
OREGON DEED RECORDS; THENCE LEAVING SAID SOUTHERLY RIGHT-OF-WAY AND
FOLLOWING ALONG SAID EASTERLY LINE, SOUTH 0007'39" WEST 834.11 FEET TO A
POINT ON THE SOUTHERL YLINE OF SAID PARCEL 1; THENCE LEA VINGSAIDEASTERLY
LINE AND FOLLOWING ALONG THE SOUTHERLY LINE OF SAID PARCEL 1, NORTH
I 80004'26" EAST 225.84 FEET; THENCE EAST 71.34 FEET TO THE POINT OF BEGINNING,
i CONTAINING 2.03 ACRES, MORE OR LESS, ALL WITHIN SAID PARCEL 1, SPRINGFIELD,
LANE COUNTY, OREGON.
, .~--"'.""~.
REGISTERED ''',
PROFESSIONAL ~
LAND SURVEYOR ~
M:'i.LegaJs\COJ(~y\La(,lacy (024 ',4)'.ciIfl.in.wpJ
o GON
JUt 6 19B1
seOll J. GOEBEL
;>280
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