HomeMy WebLinkAboutAgenda Item - 2001-09-18 - Number 4.2.1 - CITY OF LAKE OSWEGO 4.2. 1
AGENDA REPORT SUMMARY 09/18/01
MEETING DATE: September 18, 2001
SUBJECT: River Run Park Enhancement Project
Resolution R-01-57, authorizing a temporary easement on River Run
Park for the purpose for a wetland enhancement project.
RECOMMENDED MOTION:
Move to approve Resolution R-01-57 allowing a temporary easement for the use of
River Run Park for the purpose of a wetland enhancement project.
ESTIMATED ATTACHMENTS: NOTICED (Date):
FISCAL IMPACT:
1. Council Report 9/11/01
Staff time 2. Council Report 9/7/01
3. Resolution R-01-57
STAFF COST: $ 4. Temporary Easement Ordinance no.:
for Wetland Mitigation
BUDGETED: 5. Aerial Photo of River
Y N Run Park Resolution no.: R-01-57
6. Project design
Previous Council
FUNDING consideration:
SOURCE:
Council discussed Resolution R-
Not applicable 01-57 at an informational session
on September 10, 2001.
D ARTMENT DIRECTOR CITYVI,
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L:\NRAB\River Run Park-Daylighting\Report Cover 2001.doc
�.�°F LAKE°s.‘ COUNCIL
REPORT
To: Judie Hammerstad, Mayor
Members of Lake Oswego City Council
Doug Schmitz, City Manager
CC: David D. Powell, City Attorney
Jane Heisler, Community Planning Manager
From: Lisa Hamerlynck,Natural Resource Coordinator
Subject: Resolution R-01-0057/ LU-01-0041
Agreement authorizing Steve Berrey to use
River Run Park for the purpose of a Wetland Enhancement Project
Date: September 11, 2001
On September 10, 2001, the City of Lake Oswego City Council held an informational
session to consider Resolution R-01-57/ LU-01-0041 which would allow Steve Berrey to
use River Run Park for the purpose of a Wetland Enhancement Project.
Council expressed support of placing the resolution on the September 18, 2001 Regular
Session agenda.
L\NRAB\River Run Park-Daylighting\COUNCIL Report.doc
ATTACHMENT 1
°`LAKE°Swf�° COUNCIL
REPORT
°BEGAN
To: Judie Hammerstad, Mayor
Members of Lake Oswego City Council
Doug Schmitz, City Manager
CC: David D. Powell, City Attorney
Jane Heisler, Community Planning Manager
From: Lisa Hamerlynck,Natural Resource Coordinator
Subject: Resolution R-01-0057/LU-01-0041
Agreement authorizing Steve Berrey to use
River Run Park for the purpose of a Wetland Enhancement Project
Date: September 7, 2001
BACKGROUND
In 1999, Pacific Habitat Services (PHS), a Consultant acting for developer Steve Berrey,
approached the City of Lake Oswego's Natural Resource Coordinator for the purpose of creating
a wetland mitigation project on City property. Mr. Berry was required by state and federal law
to do compensatory mitigation for the fill of.25 acres of wetland in the City of Tualatin in 1999.
The City Natural Resource Coordinator recommended that PHS implement a portion of the
Canal Area Master plan by "daylighting" a stormdrain, creating a wetland, and developing a trail
in River Run Park.
PHS held a community meeting with the River Run neighborhood and sent out flyers and
questionnaires. The plans were modified per recommendations of neighbors.
PHS submitted a Resource Enhancement Permit Application on 7/16/01 for Administrative
Review (LU-01-0041). In order for the application to be approved, the Council would need to
authorize the use of the River Run Parcel, a City owned property, for the above state purposes.
Adoption of attached Resolution R-01-0057 authorizes the City Manager to sign such an
agreement.
ATTACHMENT 2
DISCUSSION
This agreement grants Steve Berrey authorization to use River Run Park for a natural resource
mitigation project.
The applicant is proposing to daylight the stormdrain to provide hydrology for the wetland area,
excavate a seasonal wetland, remove invasive species and vegetate the area with native plant
species, construct a neighborhood loop trail along the Tualatin River in River Run Park, and will
abide by all State, Federal and City regulations for the construction and maintenance of the
project. In addition, the applicant will be required to maintain and monitor the wetland for five
years following construction.
The cost/benefit analysis included in Attachment 3 illustrates the total cost of these activities at
over $53,000. The grantee will assume these costs and the City will realize partial
implementation of the Bryant Woods/Canal Area Master Plan as identified in Attachment 4.
RECOMMENDATION
Staff recommends that the City Council adopt Resolution R-01-0057 granting temporary
easement and use of River Run Park for the purpose of a wetland enhancement project and direct
staff to execute the attached easement.
ATTACHMENTS
1. Resolution R-01-0057
2. Temporary Easement o tla itigation
3. River Run wet' d e lie nt cost/benefit analysis
4. Bryant -• anal rea Master Plan
5. Aerial P • iver Run Park
6. Photo d• entation
7. Project design
p:/NRAB/river run daylighting/river run memo 2001
RESOLUTION 01-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE OSWEGO
AUTHORIZING THE CITY MANAGER TO GRANT AN EASEMENT TO STEVE BERREY
FOR USE OF A PORTION OF RIVER RUN PARK FOR THE PURPOSE OF TERMINATING
STORMWATER DRAINAGE FROM A SUBSURFACE STORMWATER PIPE AND
PROVIDING FOR SURFACE STORMWATER DRAINAGE INTO A CREATED WETLAND
(LU-01-0041).
WHEREAS, the City Council adopted the Canal Area Master Plan at its March 6, 2001 meeting;
and,
WHEREAS, the Canal Area Master Plan establishes a vision for the enhancement and
connectivity of 61 acres of natural open space for wildlife habitat, passive recreation and natural
resource protection and identifies goals and projects for implementation and gives direction for
concentrating enhancement and restoration efforts in an area that includes River Run Park; and
WHEREAS, Steve Berrey("Owner") has proposed wetland mitigation at the site for a
development project in the City of Tualatin, for which the City of Tualatin and the Division of
State Lands requires mitigation of wetland functions and values, and
WHEREAS, Owner has requested the use of a portion of River Run Park for purposes of
executing a wetland mitigation plan, including but not limited to the construction of a
neighborhood trail along the Tualatin River;
WHEREAS, this provides an opportunity for fulfilling a portion of the adopted Canal Area
Master Plan efficiently and cost-effectively, and
WHEREAS, Owner has submitted plans and specifications for the mitigation work at the city
site, and the City Engineer and Planning Department finds that the plans and specifications meet
city requirements; and
WHEREAS, the City Charter requires the City Manager to receive authorization from the City
Council for conducting real property transactions;
BE IT RESOLVED by the City Council of the City of Lake Oswego that:
Section 1. The City Manager is authorized to grant an easement, in accordance with the form
attached, to Steve Berrey, his successors and assigns, for the temporary use of the following
described parcel of property for the purposes of terminating stormwater drainage from a
subsurface stormwater pipe and providing for surface stormwater drainage into a wetland to be
created in River Run Park, subject to the obligation to carry out the wetland mitigation plan
approved by City Engineer and the Planning Department:
ATTACHMENT 3
Page 1 - RESOLUTION 01-57
"LOT 45, PLAT OF RIVER RUN (PLAT 2454), PLAT RECORDS OF CLACKAMAS
COUNTY, OREGON."
Considered and enacted at the regular Council meeting of the City of Lake Oswego at a regular
meeting held on 18 day of September, 2001.
AYES:
NOES:
ABSTAIN:
EXCUSED:
Judie Hammerstad
Mayor
ATTEST:
Robyn Christie
City Recorder
APPROVED AS TO FORM:
David D. Powell
City Attorney
L\NRAB\River Run Park-Dayhghting\RESOLUTION doc
Page 2 - RESOLUTION 01-57
Name of Document For Recording: Easement (For County Recording Use Only)
Grantor: City of Lake Oswego
Grantee: Steve Berrey
Consideration: $0.00,together with other good and
valuable consideration.
Tax Statement to be mailed to: No change.
Statutory Recordation Authority: ORS 93.710(1).
After Recording,Return To: City of Lake Oswego,
380 A Avenue,Lake Oswego,97034
Send copy to: Steve Berrey, 18879 SW Martinazzi,
Tualatin,OR 97062
TEMPORARY EASEMENT
FOR WETLAND MITIGATION
Grantor: City of Lake Oswego, a Municipal Corporation
380 A Avenue, Lake Oswego, Oregon 97034
Grantee:
Steve Berrey
18879 SW Martinazzi
Tualatin, OR 97062
1. Grant of Easement. The City of Lake Oswego, "Grantor,"grants and conveys a temporary easement to Steve
Berrey, his successors and assigns, on, over and across the real property described on the attached Exhibit A and
illustrated on the attached Exhibit B for the purposes described herein.
2. Purpose and Use of Easement.
A. Grantee may enter upon, over and across Grantor's real property over existing roadways only for the
following purpose(s):
(1) For construction, reconstruction, repair and replacement in accordance with that certain
Wetland Mitigation Plan received July 13, 2001.on file and approved by the Grantor.
(2) For access and installation, construction, reconstruction,repair, and replacement of a
stormwater pipe, in accordance with plans approved by the City Engineer. Any work done by the
Grantee pursuant hereto shall be so done as to leave the premises in a condition reasonably similar to the
previous state of the premises when any work is finished thereon.
(3) Modify, contour, landscape and otherwise make modification to the Mitigation Area, as
depicted in the Grantor-approved Mitigation Plan.
B. Grantee shall not interfere with Grantor's(or the public's use, as may be permitted by Grantor)access,
use, construction,reconstruction,repair and replacement of the following:
(1). Buffer adjacent to private property, as depicted in the Mitigation Plan.
(2) All property outside of the wetland mitigation area, as defined in the mitigation plan, for
City purposes.
(3) Relocation of a storm drain pipe,as depicted in the Mitigation Plan and on the Grantee's
application to Grantor.
(4) Neighborhood trail along the Tualatin River, as depicted in the Mitigation Plan.
Page 1 -Easement ATTACHMENT 4
(5) Any emergency repair of City stormdrain system due to flood, heavy rain, or other acts
of God.
3. Covenants and Representations of Grantee/Restrictions Relating to Use of Easement
A. Special Restrictions: none.
B. Grantee will observe and abide by all the laws,rules and regulations imposed by any lawful
governmental authority and relating in any way to any activity conducted on the premises, and shall
require all of Grantee's agents, employees and agents upon the premises to do likewise. Grantee shall
obtain all necessary state, federal and local permits as may be necessary for Grantee's use of the real
property as set forth above.
C. Grantee will not permit any damage, waste or strip of all property outside of the Mitigation Area by
action of the Grantee, its agents or employees. No shrubs, trees or other vegetation may be pruned,
moved or other wise disturbed as a result of this Easement, except as necessary for the authorized work,
as described in the Purposes of the Easement above. Grantee shall repair, replace or restore the non-
Mitigation Area so that it is free from evidence of Grantee's use
D. All risk of loss of Grantee's property shall be that of Grantee.
E. Grantee certifies, acknowledges and agrees that this Easement is accepted and executed on the basis of
Grantee's own examination and personal knowledge of the premises and personal property and Grantee's
own opinion thereof; all prior negotiations,representations of fact or opinion or agreements relating to
said property made by the Grantor or any agent thereof upon which Grantee may have relied have been
reduced to writing and are included in this agreement, and if not so reduced to writing, are expressly
waived,which waiver is a material part of the consideration of the execution of this contract by the
Grantor.
F. Grantor makes no warranties as to the condition of the premises or personal property other than as set out
herein. Grantee takes the property herewith and use of the premises, AS IS, in the condition existing at
the time of use of the Easement.
G. This Easement represents the full, entire and complete agreement of the parties, except as may otherwise
be in writing provided.
H. The Grantee shall defend, indemnify,and hold the Grantor, its officers, agents and employees, harmless
against all liability, loss, or expenses, including attorney's fees, and against all claims, actions or
judgments based upon or arising out of damage or injury(including death) to persons or property caused
by any act or omission of an act sustained in any way in connection with the use of this Easement or by
conditions created thereby, or based upon violation of any statute, ordinance or regulation. This
contractual indemnity provision does not abrogate common law or statutory liability and indemnification
to the Grantor,but is in addition to such common law or statutory provisions.
I. The Grantee shall obtain prior to the use of the Easement, and shall maintain in full force and effect for
the term of this Easement, at the Grantee's expense,a comprehensive general or commercial general
liability policy for the protection of the Grantee and the Grantor, its officers,agents, and employees. If
the insurance policy is issued on a"claims made"basis, then the Grantee shall continue to obtain and
maintain coverage for not less than three years following the completion of the contract. The policy shall
be issued by a company authorized to do business in the State of Oregon,protecting the Grantee or
anyone directly or indirectly employed by either of them against liability for the loss or damage of
personal and bodily injury, contractual liability, death and property damage, and any other losses or
damages above mentioned with limits not less than $1,000,000 per occurrence and $2,000,000 in the
Page 2 -Easement
aggregate, or the limit of public liability contained in ORS 30.260 to 30.300, whichever is greater. The
insurance company shall provide the Grantor with a certificate of insurance and an endorsement thereto
naming the Grantor as an additional insured,providing that no acts on the part of the insured shall affect
the coverage afforded to the above policy, and providing the Grantor will receive 30 days written notice
of cancellation or material modification of the insurance contract. The obligation to provide notice to the
City shall be in substantially the following language: "Should any of the above described policies be
cancelled before the expiration date thereof, the issuing company will mail 30 days written notice to the
certificate holder named"; it is not sufficient for the insurance carrier to merely"endeavor" to give notice
or for the certificate to absolve the insurance carrier from obligation or liability in the event of the
insurance carrier's failure to mail such notice.
J. The Grantee will not enter the real property and utilize the Easement until the Grantor has received
copies of applicable insurance policies or acceptable evidence that appropriate insurance heretofore
mentioned is in force.
4. Consideration for Easement. The consideration for this Easement is: 0.00; it is for the mutual benefit of the
parties.
5. Term of Easement. This Easement shall commence upon execution and remain in effect for 5 years, or such
additional time as may be necessary for Grantee be in compliance with the Division of State Lands mitigation
requirements, whichever is later.
6. Construction. In construing this Easement, the singular may include the plural, and vice versa, the masculine
may include the feminine and neuter, and vice versa, if the context so requires, and generally all grammatical
changes shall be made, assumed or implied to make the provisions hereof applicable to corporations as to
individuals and as necessary to carry out the intent of the parties.
IN WITNESS WHEREOF, the undersigned Grantor have hereunto executed this Easement on the date stated below and
the terms and provisions of the Easement are accepted by the Grantee.
Grantor: City of Lake Oswego Grantee: Steve Berrey
By:
Douglas J. Schmitz, City Manager Name: Steve Berrey
Date Signed: Date Signed:
L\NRAB\River Run Park-Daylighting\nver run dayhghting easement2.doc
Page 3 -Easement
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a/�of Proposed planting plan, pathway location and bat houses at the River Run Natural Resource Enhancement site. ATTACHMENT 6
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