Clean Water Services, Tri-Met - Fanno and Summer Creeks Wetlands Mitigation Site �h. et Contract No. GH060444TL
:,INTERGOVERNMENTAI;,-AGREEMENT
FOR DEVELOPMENT OF FANNO'CREEK WETLANDS-rdITIGATION'SITE''
First Amendment
THIS Amendment is made and entered into as of:the first day of November, 2006, by''
and between Clean Water.Services, a special service district ("CWS"), the Tri-County
Metropolitan Transportation;District of!Oregon, a mass transit',district organized under
the laws of the state of Oregon ("TriMet"), and the City of Tigard, a political subdivision
of the State of Oregon ("City."), (each referred to herein as a "Party" and jointly referred
to herein as "the Parties"),';'as of•tlhe effective date shown below.
RECITALS
A. In October 2006, the parties ^entered into an Intergovernmental Agreement for
Development of Fanno Creek Wetlands Mitigation Site ("Agreement") to document
each party's understandings and agreements relating to the development of the Fanno
Creek Wetlands Mitigation Site in conjunction with the Washington County
Commuter Rail Project.
B. The parties desire to amend the Agreement to name a new TriMet project manager.
NOW THEREFORE, in consideration of the above recitals and mutual promises
contained herein, the parties agree as follows to these changes to the Agreement.
SECTION 5
Replace Section 5.d with the following:
d. Project Managers. All routine correspondence and communication
regarding this Agreement shall be between the project managers:
TriMet: CWS: City.
Ken Kirse Peter Guillozet Brian Rager
TriMet Clean Water Services City of Tigard
710 NE Holladay Street 2550 SW Hillsboro Hwy 13125 SW Hall Blvd.
Portland OR 97232 Hillsboro, OR 97123 Tigard, OR 97223
Telephone (503) 962-8816 Telephone(503)'681-4470 Telephone (503) 718-2471
Facsimile(503)962-2283 Facsimile(503)681-3603 Facsimile (503) 684-8840
kirsek@trimet.org guillozetp@cleanwaterservices
.org
The Project Managers are authorized to approve work and billings, to give notices, to
execute amendments to this Agreement that do not increase the compensation, to
terminate this Agreement and to carry out any other act referred to herein.
Page 1 ,
TriMet C t No.GH060444TL
WHEREFORE;Ahe."parties thave agreed to the foregoing on the dates,noted adjacent to
beir'respective signatures:
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF
OREGON
Joe al Projec Oanger BriagN1,
ojec Manager
Date: Date: o-�
APPJDuty
AS TO F RM: APPROVE AS TO FORM:
By: � By:
H. Lewis
General Counsel
CLEA WATER SERVICES
Date: 112-1)17
APPROVED AS TO FORM
/J
Lisa Hershey
CWS'Counsel
Page 2
i' TriMet�.,.4tract No.' 6,N04O LI44 7
INTERGOVERNMENTAL AGREEMENT
FOR DEVELOPMENT OF FANNO CREEK AND SUMMER CREEK
WETLANDS MITIGATION SITE
This Intergovernmental Agreement ("Agreement") ismade and entered into by
and between. Clean Water Services, a special service district ("CWS"), the Tri-County
Metropolitan Transportation District of-Oregon, a mass transit district organized under
the laws of the state of Oregon ("TriMet"), and the City of Tigard, a political subdivision
of the State of Oregon ("City"), (each referred to herein as a "Party" and jointly referred
to herein as "the Parties"), as'of the effective date shown below.
RECITALS
A. On or about October 1, 2002, the Cities of Tigard, Tualatin, Beaverton and
Wilsonville (collectively, "the Cities") and Washington County (the "County") executed
an Urban Services Intergovernmental Agreement("Urban Services IGA") for the purpose
of allowing better coordination and design consistency between the Cities and the County
for the station areas for the Washington County Commuter Rail Project("Project").
B. TriMet is advancing the Project through the Federal Transit Administration
process and through development of final plans and specifications for construction of the
Commuter Rail improvements. "
C. . As part of the Project, TriMet will apply to the U.S. Army Corps of Engineers
("Corps") and the Oregon Department of State Lands ("DSL") for fill and removal
permits. TriMet anticipates that a condition of those permits will be mitigation of
wetland impact via restoring or enhancing wetland areas along the corridor.
D. City owns land along Fanno Creek and has plans for restoring and enhancing
natural resource values of those lands.
E. CWS plans and implements projects to improve water quality, streams and
wetlands, and has projects in and around Fanno Creek in its current and future Capital
Improvements Plans.
F. TriMet is willing to advance the implementation of City's plans by funding
the design and construction of wetland mitigation improvements along Fanno Creek (the
"Wetland Mitigation Project") as part of TriMet's mitigation responsibilities under the
Corps and DSL permits for the Project.
G. CWS, TriMet and City have the authority to _enter into intergovernmental
agreements under ORS Chapter 190.
NOW, THEREFORE, the premises being in general as stated in the foregoing
recitals, it is agreed by and between the Parties hereto as follows:
Page 1
TriMet w8tract No.
AGREEMENT
1. Overview of Roles:
a. TriMet will design the Wetland Mitigation Project along Fanno Creek at
its sole expense and be responsible for permit applications. TriMet will provide to CWS
up to Four Hundred' Ten Thousand Dollars ($410,000) for development, required
monitoring, maintenance and reporting on the Wetland Mitigation Project, and all other
costs to be incurred by CWS pursuant to this Agreement.
b. CWS will construct and maintain the Wetland Mitigation Project, and
shall cooperate with TriMet and provide comments as necessary to gain state and/or
federal permit approvals.
c. City will sponsor the Wetland Mitigation Project and allow entry and
access to construct and maintain the Wetland Mitigation Project along Fanno Creek, and
will continue to own the land that will contain the Wetland Mitigation Project
improvements.
2. CWS Obligations:.
a. CWS shall construct the Wetland Mitigation Project improvements
substantially in accordance with the plan attached hereto as Exhibit A and incorporated
by this reference herein, and shall have performance and cost responsibilities for
correcting any deficiencies, as directed by the DSL. CWS shall give City and. TriMet
reasonable opportunity to review and approve the construction methods.
b. CWS shall monitor and maintain. the Wetland Mitigation Project
improvements as required by DSL, the Corps and the TriMet/CWS contract
specifications for up to five (5) years from'completion of construction. Maintenance
activities shall include, but not be limited to, invasive species removal, revegetation, and
other maintenance activities necessary to achieve successful wetland mitigation. CWS
shall maintain accurate records relating to its monitoring and maintenance activities.
CWS shall provide TriMet with access to all such records, as reasonably requested by
TriMet.
c. CWS shall make annual reports on the Wetland Mitigation Project
improvements.area to DSL as required by OAR 141-085-0151. CWS shall ensure that
drafts of such reports are provided to TriMet for comment at least sixty(60) days prior to
the due date of such reports, and that copies of final reports are provided to TriMet
concurrent with their submission to DSL.
d. CWS shall invoice TriMet monthly for its direct costs incurred in
connection with performance of its obligations hereunder. Total costs to TriMet shall not
exceed Four Hundred Ten Thousand Dollars ($410,000). Invoices should be mailed to
TriMet's project manager at the address shown in Section 5.d. below.
Page 2
TriMet wiltract No.
e. CWS shall respond to public calls arising from notices distributed by
TriMet pursuant to Section 3.e below.
3. TriMet Obligations:
a. TriMet shall be responsible_ for all permit applications for the Project,
including those required by the Corps and DSL for fills, removals and work associated
with Wetland Mitigation Project improvements.
b. TriMet shall design the Wetland Mitigation Project improvements at its
sole expense. TriMet shall give City and CWS reasonable opportunity to review and
approve the design.
c. TriMet shall pay CWS the sum of up to Four Hundred Ten Thousand
Dollars ($410,000) for CWS' construction, annual monitoring, maintenance and reporting
on the Wetland Mitigation Project improvements.
d. TriMet shall reimburse CWS for all direct costs incurred by CWS in
performing its obligations hereunder. Total costs shall not exceed Four Hundred,:Ten
Thousand Dollars ($410,000). TriMet shall pay CWS within thirty.(30) days of receipt
and approval of CWS's invoice. TriMet shall make payment to CWS at the following
address:
Clean Water Services
2550 SW Hillsboro Hwy ,
Hillsboro, OR 97123
e. TriMet shall prepare and distribute notice to affected neighbors located
within 100' of the areas shown in Exhibit A regarding the Wetland Mitigation Project..
f. TriMet shall provide required agency staff at its own cost.
4. City Obligations:
a. The City agrees to allow TriMet, CWS and their respective contractors
and subcontractors entry and access to ten (10) acres, more or less, of City-owned land in
and around the four (4) project areas, to make the Wetland Mitigation Project
improvements. Areas and improvements shall be generally similar to those shown on
Exhibit A.
b. The City shall expeditiously review and act on any required applications
submitted for City permits, and shall use its best efforts to process and approve same.
Page 3
TriMet _,tract No.
c. The.City. shall post signage regarding the Wetland Mitigation Project
along the trail route and close and/or manage trail accesses for the duration of the
Wetland Mitigation Project to maximize the safety of citizens and staff.
d. The City shall protect .all .mitigation sites as described in the attached
Exhibit B, in perpetuity .and .agrees to accept this provision of the IGA as a binding
agreement to protect the sites according to the. requirements of -DSL. The City
acknowledges and understands that protection for the sites is a requirement of DSL in
order to receive the proper permit approvals. In addition, the City agrees to file a deed
restriction, conservation easement or other acceptable form of documentation with DSL
to ensure the sites are protected beyond the expiration of this Agreement.
e. The City shall cooperate with TriMet, and provide comments and
documentation as necessary to gain state and/or federal permit approvals.
f. The City shall make timely comments on design and construction plans
for the.Wetland_Mitigation Project. Such approval shall not be unreasonably withheld,
conditioned or delayed.
g. The City shall accept CWS's work to the extent it fulfills the plans.and
specifications for the work.
h. City shall provide TriMet with contact information so that TriMet may
fulfill its obligations under Section 3.e above.
is The City shall provide required staff at its own cost.
5. General Provisions:
a. Relationship of the Parties. Each of the Parties hereto shall be deemed an
independent contractor for purposes of this Agreement. No representative, agent,
employee or contractor of one Party shall be deemed to be an employee, agent or
contractor of any other Party for any purpose, except to the extent specifically provided
herein. Nothing herein is intended,nor shall it be construed, to create between the Parties
any relationship of principal and agent, partnership, joint venture or any similar
relationship, and each Party hereby specifically disclaims any such relationship.
b. Indemnification. Within the limits of the Oregon Constitution and the
Oregon Tort Claims Act, codified at ORS. 30.260 through 30.300, each of.the Parties
shall hold harmless, indemnify and defend the others and their officers, employees and
agents from and against all claims, demands, penalties, and causes of action of any kind
or character relating to or arising from this Agreement (including the cost of defense
thereof, including attorney fees) in favor of any person on account of personal injury,
death, damage to property, or violation of law, which arises.out of, or results from, the
negligent acts or omissions of the indemnitor, its officers, employees,or,agents.
Page 4
TriMet _atract No.
c. Compliance with Laws. The Parties shall comply with all federal, state and
local laws, regulations, executive orders and ordinances applicable to the work under this
Agreement, including, without limitation, the provisions of ORS 279C.505, 2790.515,
279C.520, 279C.530, which hereby are incorporated by,reference. Without limiting the
generality of the foregoing, the Parties expressly agree to comply with: (i) Title VI of
Civil Rights Act of 1964; (ii) Section V of the Rehabilitation Act of 1973; (iii) the
Americans with Disabilities Act of 1990 and ORS 659A.142; (iv) all regulations and
administrative rules established pursuant to the foregoing laws; and (v) all other
applicable requirements of federal and state civil rights and rehabilitation statutes, rules
and regulations.
d. Project Managers. All routine correspondence and communication
regarding this Agreement shall be between the project managers:
TriMet: CWS: City
Joe Walsh Peter Guillozet Brian Rager
TriMet Clean Water Services City of Tigard
710 NE Holladay Street 2550 SW Hillsboro Hwy 13125 SW Hall Blvd.
Portland OR 97232 Hillsboro, OR 97123 Tigard; OR 97223
Telephone (503) 962-2266 Telephone(503).681-4470 Telephone (503) 718-2471
Facsimile(503) 962-2284 Facsimile (503) 681-3603 Facsimile (503) 684-8840
walshj@trimet.org - guillozetp@cleanwaterservices
org
The Project Managers are authorized to approve work and billings, to give notices, to
terminate this Agreement and to carry out any other act referred to herein.
e. Entire Agreement; Modification, Waiver. This Agreement and attached
exhibits constitute the entire Agreement between the Parties on the subject matter hereof,
and supersede all- prior or contemporaneous written or oral understandings,
representations or communications of every kind. There are no understandings,
agreements, or representations, oral or written, not specified herein regarding this
Agreement. No course of dealing between the Parties and no usage of trade will be
relevant to supplement any term used in this Agreement. No waiver, consent,
modification or change of terms of this Agreement shall bind any Party unless in writing
and signed by all Parties. Such waiver, consent, modification or change, if made, shall be
effective only in the specific instance and for the specific purpose given. The failure of a
Party to enforce any provision of this Agreement shall not constitute a waiver by a Party
of that or any other provision.
f. Interruption of Services.
i. Force Majeure, Neither Party shall be liable to any other Party for any
failure of performance under this Agreement due to causes beyond its control, such as:
acts of God, fire, flood or other catastrophes; any law, order, regulation, direction, or
action of any other government entity claiming jurisdiction over such Party (including
Page 5
TriMet`.,atract No.
delay or inaction in issuing necessary construction permits, use permits, or similar
authorizations), or of any instrumentality thereof of any civil or military authority;
national emergencies; unavailability of materials or right-of-way; insurrections; riots;
wars; or strikes, lock-outs; work stoppages or other labor difficulties (collectively, "force
majeure events"); provided that in the event of force majeure, the Party whose
performance.is prevented or impaired shall,provide notice to the other Parties within ten
(10) days of the occurrence of such event and shall thereafter use commercially
reasonable efforts to complete or correct the affected performance without undue delay.
ii. No Liability for -Special, Consequential, Exemplary or Punitive
Damages. In no event shall any Party to this Agreement be liable to the others for
special, consequential, exemplary or punitive damages as a result of the performance or
non-performance of any obligations under, or acts or omissions related to, this
Agreement.
g. No Third-Party Beneficiary. Except as set forth herein, this Agreement is
between the Parties and creates no third-party beneficiaries. Nothing in this Agreement
gives or shall be construed to give or provide any benefit, direct, indirect or otherwise to
any third parties unless such third party is expressly described as an intended beneficiary
under this Agreement.
h. Effective and Termination Dates. This Agreement shall be effective on
the date the last Party executes the Agreement, and shall remain in effect until the
completion of all obligations created by this Agreement, but in no event later than 10
years from the effective date.
i. Early Termination of Agreement.
i. City, CWS, or TriMet, by mutual written agreement, may terminate this
Agreement at any time.
ii. Either City, CWS, or TriMet may terminate this Agreement in the event
of a breach of the Agreement by one of the other Parties. Prior to such termination,
however, the Party seeking the termination shall give the other Parties written notice of the
breach and of the Party's intent to terminate. If the breaching Party has not.entirely cured
the breach within rthirty (30) days of the notice, then the Party giving the notice may
terminate the Agreement at any time thereafter by giving a written notice of termination.
j. Remedies. The remedies'provided under this Agreement shall not be
exclusive. The Parties also shall be entitled to any other equitable and legal remedies that
are available.
k. Oregon Law, Dispute Resolution and Forum.
i. This Agreement shall be construed according to then laws of the
State of Oregon.
Page 6
TriMet Contract No.
ii. TriMet, CWS and City shall negotiate in good faith to resolve any
dispute arising out of this Agreement. If the Parties are unable to resolve any dispute
within fourteen (14) calendar days; the Parties are free to pursue any'legal remedies that
may be available.
iii. Any litigation between City, CWS and TriMet arising under this
Agreement or out of work performed under this Agreement shall occur, if in the state
courts, in the Multnomah County Circuit Court, and if in the federal courts, in the United
States District Court for the District of Oregon located in Portland,Oregon.
1. Subcontracting. City and TriMet acknowledge that CWS may intend to
contract or subcontract its work under this Agreement, in whole or in part. City and
TriMet agree to CWS's.contracting or subcontracting and no specific approval of any of
CWS's contractors or subcontractors is required. CWS shall require any contractor or
subcontractor to agree, as to the portion contracted or subcontracted, to fulfill all
applicable obligations of CWS as specified in this Agreement.
m...Severability/Survivability. If any provision of this Agreement is found to
be illegal or unenforceable, this Agreement nevertheless shall remain in full force and.
effect and the provision shall be stricken. All provisions concerning indemnity survive
the termination of this Agreement for any cause.
n. Interpretation of Agreement. This Agreement shall not be construed for or
against any Party by-reason of the authorship or alleged authorship of any provision. The
Section headings contained in this Agreement are for ease of reference only and shall not
be used in construing or interpreting this Agreement.
o. Approval Required. This Agreement and amendments shall become
effective when approved by 1) CWS's General Manager or the General Manager's
designee, and when required by applicable CWS rules, CWS's Board of Directors, 2)
TriMet's General Manager or the General Manager's designee, and when required by
TriMet's rules, TriMet's Board of Directors, and 3)the Tigard City Council.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective
the date first noted herein.
Page 7
TdM,__.�ontract No.
TRI-COUNTY METROPOLITAN CITY OF TIGARD
TRANSPORTATION DISTRICT OF.,
OREGON
QY� By.
.' Neil McFarlane, Executive Director Title:
Date: Brie'106=1 Date: 06
APPROVED AS TO FO APPR VED AS TO F RM:
By: By.
T ara H. Lewis
De uty General Counsel
CLE ATE S VI ES
ill , Gener ager
Date: - -
APPROVED AS TO FORM
Inw"11�
Lisa Hershey
CWS Counsel
Page 8
TriMef Contract No.
Exhibit A
Wetland Mitigation Areas
(Map/Drawing)
Page 9
LEGEND T2S, R1 W, SEC2
MITIGATION SITE BOUNDARY
,'R
•• FANNO CREEK rL.
PAVED PATH •� � `
PARCEL BOUNDARY
EXISTING CONTOUR
PLANNED CONTOUR ��'•� � ,>
• MANHOLE
t
MITIGATION AREA: 1.95 ACRES •��
CUT VOLUME: 130 CUBIC YARDS ,/' `••�,.�• •♦�•
•/• EXISTING UNDERGROUND •`
•/• DRAIN PIPE.PLUG PIPE INLET
_ _••—• WITH CONCRETE,BREAK ACCESS ••`
• ••�••�..••�•• DRAIN TILE AND COMPACT FROM
SOIL TO 90%COMPACTION
PAVED EXISTING
RESMRATIdI AREA AT CULVERTS
ENHANCVA T AREA 8,752 SF(0.20 AC) 1
76,103 SF(1 75 AC) INLET I.E._
138.43'
/ 138.57'
138.48'
140
797
X39 139
\ 143
'40
EXISTING
CULVERT r 141 j
OUTLET LE.=145.98'
51fw
�3.
INVERT OF EXISTING CONCRETE CULVERT CHELSEA LP
EASTING GRADE
PROPOSED GRADE
148 148
147 147
146 146
F.. 145 \\\// 145
f— 144 •1\/\` 144
—I 143 a/,\• 143
VERT: 1•=6' REPLACED TOPSOIL Overexcavate by 0.5 foot.Topsoil to 0.5 foot depth will be
HORIz: 1'=so' stored temporarily within wetland immediately adjacent to
CROSS SECTION D-D' grading activity while subsoil is removed.Topsoil will be
replaced to match proposed contours.
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SITE GRADING PLAN
Oateupd�ted�Ofil30/O6 I D 0 20 40 80
Reference 12602 MITIGATION PLAN
Map ..,e WASHINGTON WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may ebsl,and Adolfson Associates,Inc.implies no warranties or
•o o A r s o a guarantees regarding any aspect of data depklion.
SOURCE:Otak,Inc..March zoos. TIGARD,WASHINGTON COUNTY,OREGON
Overexcavate by 0.5 foot.Topsail to 0.5 foot depth
CROSS SECTION I-I'
will be stored temporarily within wetland immediately
adjacent to grading activity while subsoil is removed. EXISTING GRADE
Topsoil will be replaced to match proposed contours. PROPOSED GRADE
APPROX. TYPICAL
WATER LEVEL IN MARCH
141 141
m140 140
O
139 -- —— —— f���/�`'i.. 139
_ _142 136 . ..//.i%� t77�'^/�\ 136
141 - 137 137
EXISTING NORTHERN WETLAND 136 136
w
cuERE. �40� MITIGATION AREA
CULVERT MITIGATION= 138.12' VERT: t"=6'
26,176 SF HORIZ: 1-=60' REPLACED TOPSOIL
39 ��\` _ LEGEND
ACCESS FROM' MITIGATION SITE BOUNDARY
HALL BLVD — — — — WETLAND BOUNDARY
138 —••—•• WATERWAY
PARCEL BOUNDARY
EXISTING CONTOUR
139 PLANNED CONTOUR
X39% UNCONSOLIDATED BED
(WATERWAY)
40e
jMITIGATION AREA: 1.04 ACRES
EXISTING
CUT VOLUME: 16 CUBIC YARDS
PAVED PATH
T2S, R1 W, SEC2
q i SOUTHERN WETLAND
--~ MITIGATION AREA
\ 19,208 SF
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File name:iedde by.J B A FEET SITE I GRADING PLAN
Data sl updated otv31 6 0 20 40 80
Reference.1.26024 ADDENDUM TO WETLAND MITIGATION PLAN
Map tlala are the property of the sources listed oebw WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist.and Adolfson Aseooates.Inc.Implies no warranties or
•a a r a e e guaranteesRCE regarding Otak,Inc.,any aspect f data2006 dep�cuon. TIGARD,WASHINGTON COUNTY,OREGON
SOURCE:Otak,IMarch 2006.
CROSS SECTION J-J'
EXISTING GRADE
APPROX. TYPICAL -
WATER LEVEL IN MARCH
PROPOSED GRADE ,. „..,,....,, C �`- vs
3, —n
153 153
152 .. 152 ...�.
151
150 ..... ._.- i.. 150 % r
149 \' \ ) {.(i 149
148 h / 146 1
147 147 I..
VERT: 1'-6' s. ,...."" I
HORI2: 1"-60' REPLACED TOPSOIL
3 1 .
Overexcavate by 0.5 foot.Topsoil to 0.5 foot depthQ.CCE'S S'FR0 I
will be stored temporarily within wetland immediately
W j PAVED P
adjacent to grading activity while subsoil is removed. F— I
Topsoil will be replaced to match proposed contours. W 8 I
p ,51 \ 1
z
s 150 #.
x�
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i
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LEGEND ,as J.
MITIGATION SITE BOUNDARY 150 AREA J-2
— •—•• WATERWAY �.
PAVED PATH
PARCEL BOUNDARY / i•
EXISTING CONTOUR
PLANNED CONTOUR
MITIGATION AREA: 2.63 ACRES ACCESS FIR
�• FANNO CREEK
CUT VOLUME: 197 CUBIC YARDS PAVED PAT- I p
0
�9
IAREA J-3
I ^
;j
° T1S, R1W, SEC34
PLAN VIEW
SW TIGARD ST
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File name:Fg Jyrading.a, FEETC111111111SITE J GRADING PLAN
Dala laM updated 06130/06
8613006 0 25 50 100
Reference:1.26024 V MITIGATION PLAN
Map data areIneproperty ofthe soarceslisted below. WASHINGTON COUNTY COMMUTER RAIL
Inaccuracles may ens[,and Adolfson Assoaates,Inc.Implies no wananees or
•e o a r.e x guarantees regarding any aspect of data depiction.
SOURCE:Otak,Inc.,March 2006. TIGARD,WASHINGTON COUNTY,OREGON
I
LEGEND HAWKS BEARD STREET T1S, R1W, SEC34
• MITIGATION SITE BOUNDARY
—••—•• SUMMER CREEK CENTERLINE ACCESS f
PARCEL BOUNDARY TO SITE
EXISTING CONTOUR
PLANNED CONTOUR
• MANHOLE ' 7
TOTAL MITIGATION AREA: 5,23 ACRES 177
CUT VOLUME: 214 CUBIC YARDS Fro
'1's
MATCHLINE `\3
z z 175
,-
g _ r.
U)c7 _ / 174
wz
O
I
173
Z� �17� 171
F— 172
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171171 769
7s
TOP OF BANK
t'f69
BEAVER POND
•' TOP Ox BgNk
I
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9k ?i
Overexcavate by 0.5 foot.Topsoil to 0.5 foot depth will be
stored temporarily within wetland immediately adjacent to
grading activity while subsoil is removed.Topsoil will be
replaced to match proposed contours.
N
File name:FIg_K_gmding E ai FEET
oae asiuP ated:0706106 0 25 50 10o EASTERN SITE K GRADING PLAN
Refe,an
ce:1.26026 ADDENDUM TO MITIGATION PLAN
Map data are In,propedyofinesourceslist-bebw WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist,and Adolfson Associates,Inc.implies no warranties or
a n=•y u h guarantees regarding any aspect of datadepchon. TIGARD,WASHINGTON COUNTY,OREGON
SOURCE:Olak,Inc.,March 2006.
LEGEND T1S, R1W, SEC34
MITIGATION SITE BOUNDARY
—••—•• SUMMER CREEK CENTERLINE ACCESS TO SITE
- PARCEL BOUNDARY FROM HAWK'S
EXISTING CONTOUR BEARD STREET MATCHLINE
PLANNED CONTOUR -4 0
mz
• MANHOLE z
�c
>M
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TOTAL MITIGATION AREA: 5.23 ACRES c z
mM
CUT VOLUME: 214 CUBIC YARDS z
m
X .110,
z
t� `773
173 17
�l2 17z 17�Z� � •
• t7p
�•, TOP OF BANK 171
• 170 17 170
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••` � L170� 0
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73 LL1
72 m
135TH AVE
APPROX. ICAL
WATER LEVEL IN MARCH
EXISTING GRADE
PROPOSED GRADE
174 - - -- 174
173 - - - - - - - 173
172. . 172
171 / .. .... ... `f�'/ - - 171
170.... \\��/i _{ �\ 170
169.. .... \// 169
168 - - - - 168
Overexcavate b 0.5 foot.Topsoil to 0.5 foot depth will be VERT: 1•=6'
Y P P HORIZ: 1•=60REPLACED TOPSOIL
stored temporarily within wetland immediately adjacent to
grading activity while subsoil is removed.Topsoil will be
replaced to match proposed contours. CROSS SECTION K-K'
Fila name:Fig_K_grad,ng_W_ai N
Createollast edited by.JAB Q 25 F 60T too WESTERN SITE K GRADING PLAN
Dale last updated:07/06/06
Reference:1.260240,0
ADDENDUM TO MITIGATION PLAN
Mapdau are lhepropertyofthe sourcesOstedbel— WASHINGTON COUNTY COMMUTER RAIL
Inaccuracies may exist.and Adolf—Associates,Inc.Implies no warranties or
e e L.•e e guarantees regarding any aspect of data depiction.
SOURCE:Otak,Inc..March 2006. TIGARD,WASHINGTON COUNTY,OREGON
TriMet Contract No.
Exhibit B
Wetland Mitigation.Areas
(Legal Descriptions)
Page 10
Exhibit"B"
Wetland Mitigation Area 'D'
2S 1 02DB 500
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'D'
A parcel of land in the southeast one-quarter of Section 2, Township 2 South, Range
1 West, W.M., Washington County, Oregon, to wit:
Beginning at a point which bears S.61°42'58"W., a distance of 1450.81 feet from
the east one-quarter corner,of said Section 2; thence N.5591.0'02"W.; a distance of
39.35 feet; thence N.21 038'05"W., a distance of 29.90 feet; thence,N.14°10'31"E., a
distance of 23.83 feet;thence N.56012'27"W., a distance of 90.06 feet; thence
S.16056'06"E., a distance of 37.20 feet;.thenceS.47°00'44"E., a distance of 21.37
feet; thence S.1'6°10'50"W., a distance of 20.29 feet; thence S.77°45'51"1111.; a
distance of 37.31 feet; thence N.76055'28"W., a distance of 45.99 feet; thence
N.60°51'51"W., a distance of 41.03 feet; thence N.22051'1 9"E., a distance of 64.30
feet; thence N.28012'35"1111., a distance of 26.45 feet;thence S.73°42'14"W„ a
distance of 45.92 feet; thence S.38008'1 9"W., a distance of 36.78 feet; thence
N.86°52'55"W., a distance of 11.48 feet; thence N.24033'32"W., a.distance of 34.09
feet; thence N.68°29'27"1111., a distance.of 21.13 feet;thence S.82049'30"W., a
distance of 24.99 feet; thence S.64033'09"W., a distance of 39.23 feet; thence
N.65020'55"W., a distance of 60.41 feet;thence SA1°40'14"W.,'a distance of 22.57
feet; thence N.55009'45'W., a distance of 35.29 feet; thence S.67036'06'W., a
distance of121.01 feet; thence.S.40°55'51"E., a distance of 268.64 feet; thence
N.74°42'06"E., a distance of 91.74 feet; thence N.67°34'02"E., a distance of 88.25
feet; thence S.87028'1 6"E., a distance of.65.59,feet; thence N.88°23'53"E., a
distance of 63.28,feet; thence N.82056'16"E., a distance of 90.47 feet; thence
N.41°56'35"E., a distance of 21.82 feet to the Point of Beginning.
The parcel of land to which this description applies contains 1.885 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area D Descripbon.doc 1 of 1
Exhibit"B"
Wetland Mitigation Area T
2S 1 02DA 600
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 2
Parcel I-North Wetland Mitigation Area 'I'
A parcel of land in the southeast one-quarter of Section 2, Township 2 South, Range
1 West,W.M.,Washington County, Oregon, to wit:
Beginning at a point which bears S.36013'54"W., a distance of 530.76 feet from the
east one-quarter comer of said Section 2; thence S.01°53'25"W., a distance of
34.85 feet; thence S.89'49'51"E., a distance of 11.29 feet; thence S.01°54'42"E., a
distance of 15.34 feet; thence S.06'1 0'4 a distance of 38.04 feet; thence
S.10°30'11"W., a distance of 57.36 feet; thence S.5602848"E., a distance of 26.42
feet; thence S.50032'13"E., a distance of 33.46 feet; thence S.77°46'07"E., a
distance of 37.50 feet; thence N.33055'1 7"E., a distance of 22.52 feet; thence
N.55°51'43"E:, a distance of 36.78 feet; thence N.66002'26"E., a distance of 39.84
feet; thence S.86°13'57"E., a distance of 25.47 feet; thence N.48006'52"E., a
distance of 18.38 feet; thence N.19045'39"E., a distance of 23.11 feet; thence
N.19°12'08"W., a distance of 13.59 feet; thence N.87024'24"E., a distance of 11.53
feet; thence N.45030'47"W., a distance of 87.47 feet; thence N.70016'15"W., a
distance of 62.81 feet; thence N.87°12'35"W., a distance of 92.58 feet to the Point
of Beginning.
The parcel of land to which this description applies contains 0.663 acres, more or
less.
Parcel II-South Wetland Mitigation Areal
A parcel of land in the southwest one-quarter of Section 1 and the southeast one-
quarter of Section 2, Township 2 South, Range 1 West,W.M., Washington County,
Oregon, to wit:
Beginning at a point which bears S.13031'16"W., a distance of 683.77 feet from the
east one-quarter comer of said Section 2; thence S.61013'14"W., a distance of
18.22 feet; thence N.72°01'04"W., a distance of 33.57 feet; thence S.54054'03"W.,
a distance of 26.35 feet; thence N.52017'21"W., a distance of 31.28 feet; thence
S.12°11'38"W., a distance of 23.26 feet; thence S.32008'22"E., a distance of 47.28
feet; thence S.01'08'09" E., a distance of 38.12 feet;thence S.74°09'57"E., a
Wetland Mitigation Area I Descdption.doc 1 of 2
distance of 202.08 feet; thence S.55025'37"E., a distance of 141.93 feet thence
N.54049'02"E., a distance of 3.34 feet; thence N.24°30'40'W., a distance of 52.85
feet; thence N.56°55'35"W., a distance of 17.73 feet; thence N.67°00'15''W., a
distance of.52.81 ,feet; thence N.2402853'W.,;a distance of 108.55 feet; thence
N.40024'1 3W, a distance of 10.5.1 feet;thence S.83'03'1 4W, a distance of 63.67
feet; thence S.59°21'19"V11, a distance of 25.86 feet; thence N3001329''W, a
distance of 10.02 feet; thence S:3304328"W., a distance of 4.75 feet; thence
S.84053'06"W., a distance of 18.96'Jeet; thence N.47°00'43"W., a distance of 16.37
feet; thence_N.27052'42"E., a distance of 47.81 feet; thence NA 0001'1 YE., a
distance of 13.76 feet to the Point of Beginning.
The parcel of land to which this description applies contains 0.485 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area I Descdpdon.doc 2 Of 2
Exhibit"B"
Wetland Mitigation Area 'J'
1S 1 34DA 10400, 1050&
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'J'
A parcel of land in the southeast one-quarter of Section 34, and the southwest one-
quarter of Section 35, Township .1 South, Range 1 West, W.M., Washington County,
Oregon, to wit:
Beginning ata point which bears S.22047'20"E., a distance of 652.46 feet from the
east one-quarter comer of said Section 33; thence S.66°09'09"W., a distance of
47.76 feet;thence S.49002'03'W., a distance of 63.12 feet thence S.10034'16"E:, a
distance of 75.96.feet; thence S.20°59'08"W., a distance of 55.91 feet; thence
S.17°09'35"W., a distance�of'64.82 feet; thence S.26058'00'W., a distance of 56.90
feet; thence S.74026'18''W., a distance of 69.53 feet; thence S.37°19'15"W., a
distance of 48.95 feet;thence S.03°18'45"W., a distance of 37.16 feet; thence
S.4200647"E., a distance of 43.58 feet; thence S.14°44'44"W., a distance of 44.03
feet; thence S.25038'54"W., a distance of 40.67 feet; thence S.35°59'30"W.,a
distance of 78.63 feet; thence S.07008'03'W., a distance of 25.93 feet; thence
S.1 5024'08"E., a distance of 95.71 feet; thence S.03°38'52"W., a distance of 183.45
feet; thence S.51°56'49"E., a distance of 33.89 feet; thence N.42052'42"E., a
distance of 20.39 feet; thence N.67056'50"E., a distance of 31.18 feet; thence
N.23024'50"E., a distance of 69.33 feet; thence N.02024'51"E., a distance of 24.30
feet; thence N.70007'1 2"W., a distance of 15.78 feet; thence N.01 002'35'W., a
distance of 14.06 feet; thence N.47°33'29"E., a distance of 47.91 feet; thence
N.05052'23''W., a distance of 57.44 feet; thence N.34042'1 VE., a distance of 26.54
feet; thence N.22°59'53"E., a distance of 160.64 feet; thence N.6701 0'00"E., a
distance of 74.59 feet; thence N.13'42'32'.'E., a distance of 58.52 feet; thence
N.0504658"E., a distance of 78.05 feet; thence N.19°25'41"W., a distance of 43.83
feet;.thence N.02023'20"E., a distance of 40.33 feet; thence N.19058'05"E., a
distance of 40.31 -feet; thence N.15052'18'W., a distance of 23.56 feet; thence
N.05047'03"E., a distance of 22.33 feet; thence N.15°34'12"E., a distance of 53.26
feet; thence N.02057'33"W., a distance of 114.35 feet; thence N.59°20'20"W., a
distance of 10.92 feet to the Point of Beginning.
The parcel of land to which this description applies contains 2.643 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983,North Zone.
Wetland Mitigation Area J Descripbon.doc 1 of 1
Exhibit"B"
Wetland Mitigation Area 'K'
1S 1 33DB 101,,7200
Commuter Rail Project
Jack Carlson, Otak, Inc., 7/26/2006
Amended:
Parcel(s): 1
Parcel I-Wetland Mitigation Area 'K'
A parcel of land in the southeast one-quarter of Section 33, Township 1 South,
Range 1 West, W.M., Washington County, Oregon, to wit:
Beginning at a point which bears S.02025'54"E., a distance of 441.15 feet from the
center of said Section 33; thence S.060 14'31"W., a distance of 157.74 feet; thence
S.70038'04"E., a distance of 365.26 feet; thence N.88°.02'54"E., a distance of
408.49 feet; thence N.00°05'50"UV., a distance of 160.47 feet; thence '
N.72033'2:1"E.,,a distance of 214.42 feet; thence N.6401 T26"E., a distance of
218.82 feet; thence N.01 03721"E., a distance of 20.19 feet; thence N.67008'07'W.,
a distance of 103.30 feet; thence N.44°02'27'W., a distance of 69.92 feet; thence
N.27008'16"W., a distance of 22.32 feet; thence N.11°38'07"E., a distance of
116.02 feet; thence N.03°04'38"W., a distance of 32.33 feet; thence N.35030.155"W.,
a distance of 25.02 feet; thence S.60°16'21"W., a distance of 68.55 feet; thence
S.14°48'22"W., a distance of 91.86 feet; thence S.20°32'21"W'., a distance of
106.23 feet; thence S.57°07'30"W., a distance of 123.86 feet; thence
S.05'1 2'38'W., a distance of 25.12 feet; thence S.64034'31"W., a distance of
112.65 feet; thence S.84°32'10"W., a distance of 262.57 feet; thence
N.84005'56''W., a distance of.152.00 feet;thence N.79`35'02''W., a distance of
176.95 feet; thence N.87°54'31"W., a distance of 50.47 feet; thence S.61'1 8'33'W.,
a distance of 29.07 feet to the Point of Beginning.
The parcel of land to which this description applies contains 5.723 acres, more or
less.
Bearings are based on the Oregon Coordinate System of 1983, North Zone.
Wetland Mitigation Area K Description.doc 1 Of 1
1Ot4l006 CITY OF TIGARD Page 1 of 1
1:54:32PM ImageFlow Lite Report- Legislative History (Detailed) UserlD: CAROL
Doc. Ref. Code Doc. a e em Ret. Action Code Brief Description Flet-C-3-35—
Cont.
eo eCont. Date Exp. Date Name Referred to File Reference# Security Class
Abstract Keywords
GREER GASTON
CLEAN WATER SERVICES
CITY OF TIGARD
FANNO CREEK AND SUMMER CREEK
WETLAND MITIGATION
CWS
SUMMER CREEK
FANNO CREEK
MITIGATION
COMMUTER RAIL PROJECT
INTERGOVERNMENTAL AGREEMENT
IGA
TRI-COUNTY METROPOLITAN TRANSPORTATION DISTRICT
TRI-MET
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