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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. N Fieema:Fg_ed0y JAB FEET ealedlast 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 > Cal O I � \ it Fx� N ST, G ACCESS ` q '' II � TOP OF BANK -•./,, AL TOP OF BANK / „°° FANNO CREEK` ••� / e N 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� e i T b" ` I x 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 N 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 O U 171171 769 7s TOP OF BANK t'f69 BEAVER POND •' TOP Ox BgNk I �y y% 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 00 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 • 1 O BANK •` �' /////`• ' ••` � L170� 0 I •• .. •I 175 112 • `. tip, OP OF gp,NK .I• Z . 4 •��• �•• •SOP OF 6PNK I N� —175 \ •`• I W \ 7yt d � \ Q 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 ------------------------------------------------- Total Items Printed: 1