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l ~ ,r <br />1 7w (5_ 99 l.. 2 5.70 <br />- 99062031 ' <br />2. DEVELOPEROBCIGATi N „Developershallrecordcovenants,conditionsand <br />restrictions subjecting the Property and each owner;'of any portion thereof to the following <br />obligations, covenants, conditions and restrictions pertaining to the dedicated storm water drainage <br />¢ easement as shown on the recorded subdivision plat of the Property: i <br />s I <br />"The areas designated on the plat as drainage orlconservation easements have been <br />y established to preserve the natural vegetation, function and character of the land <br />s along the drainage ways. Development activities in the conservation areas shall be <br />limited to the removal of hazardous or nuisance vegetation as defined in the Eugene <br />Code, or to City approved activities necessary for maintenanceofthe drainage <br />f channels. Except as otherwise required by law, no structure, including fences, <br />shall be allowed in the easement areas. No fill or dumping of debris shall be, <br />1 allowed within the easement areas. Except for,any maintenance provided by the <br />City of Eugene of the storm water "conveyance" facilities within the easement <br />areas, maintenance of the easement areas, including protection of vegetation, <br />maintenance of the riparian zone and erosion control shall be-the responsibility of t <br />each owner to the extent their lot includes any portion of such easement areas. j <br />Each owner shall avoid allowing any pesticides,l; herbicides, fertilizers, petroleum I <br />based products or other hazardous or foreign substances to .ontaminate the I <br />drainage ways. <br />" The public drainage easement shall include the right of access for inspection and <br />public maintenance purposes which shall be accorded all appropriate government <br />agencies. Each affected property owner shall refrain from excavation of soils or <br />other acts it hich will cause erosion into the drainage channels within the drainage <br />easement. No water shall be diverted from the drainage channel within drainage <br />easement. Each owner of a lot which includes any portion of the drainage <br />easement shall abide by all conditions set forth.ih any fill/removal permits issued ' <br />by the Oregon Division of State Lands, United States Army Corp.of Engineers or <br />City of Eugene," <br />The recorded covenants, conditions and restrictions shalt also provide that the above <br />obligations, covenants, conditions and restrictions pertaining to the drainage easemerI not <br />be amended or repealed without the concurrence of the City of Eugene, which concurrence shall <br />be in writing and recorded in the Official Records of Lane County,` Oregon. <br />f <br />3. MQME CAT1OS• Modifications of physical features within the storm water <br />drainage easement shall not be made by Developer or his,successors in interest without receiving <br />prior City authorization. <br />Ii <br />t 4• ACCESS. Developer shall provide a permanent legal access route for City <br />fff maintenance staff and vehicles from adjacent public streets as described graphically in Exhibit B <br />prior to acceptance by the City of any public improvements constructed on the Property, <br />Page 2-STORM DRAINAGE MAINTENANCE AGREEMENT <br />99-00`496 <br />-1 <br />i <br />t I <br />i <br />~c <br />I <br />