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After recording return to: <br />Tony Chilton <br />5115 Fox Hollow Road <br />Eugene Oregon 97405 <br />STORM DRAINAGE MAINTENANCE AGREEMENT <br />PARTIES: <br />City of Eugene, an Oregon municipal corporation ("CITY") <br />Anthony A. Chilton and Kathleen A. Chilton ("CHILTON") <br />RECITALS: <br />A. CHILTON owns certain property within the City of Eugene, Lane County, <br />described in Exhibit A attached hereto. <br />B. CHILTON has requested approval by the CITY of a.land use application to divide <br />the subject property into two parcels. As a condition of approval of the land use <br />application the CITY has requested the creation of a public drainage easement <br />over the course of the open drainage way crossing the subject property. A <br />description of the easement area appears on Exhibit B attached hereto. <br />C. The purpose of the drainage easement is for the conveyance of storm water and to <br />create a buffer zone adjacent to the waterway in order maintain the water quality <br />functions, wildlife habitat and flood control benefits derived by the conveyance of <br />storm water run-off through historical natural drainage systems. <br />D. The PARTIES wish to enter into this agreement to set forth their understanding <br />and obligations relating to the use and maintenance of the drainage easement area. <br />AGREEMENTS: <br />Now, therefore, in consideration of the foregoing Recitals, which by this reference are <br />incorporated herein as if set forth in full, and of the mutual covenants, conditions and <br />obligations on the part of each party to be kept and performed, it is hereby agreed as <br />follows: <br />Page 1 - Storm Water Maintenance Agreement <br />PT05-21 & PF05-47 <br />06-004-14 <br />