2007-00426 Ltrs - Laserfiche WebLink

New Search

"The areas designated on the plat as public drainage easements have been established to preserve the natural vegetation, function and character of the land along the drainage ways. Development activities in the conservation area shall be limited to the removal of hazardous or nuisance vegetation as defined in the Eugene Code, or to City approved activities necessary for maintenance of the drainage channels. Except as otherwise required by law, no structure, including fences, shall be allowed within the easement areas. Exccpt for any maintenance provided by the City of Eugene of the stone water "conveyance" facilities within the easement areas, maintenance of the casement areas, including protection of vegetation, maintenance of the riparian zone and erosion control shall be the responsibility of each owner.to the extent their lot includes any portion of such easement areas. Each owner shall avoid allowing any pesticides, herbicides, fertilizers, petroleum based products or other hazardous or foreign substances to contaminate the drainage ways. The public drainage easement shall include the right of access to the public for inspection and maintenance purposes which shall be accorded all appropriate government agencies. Each affected property owner shall refrain from excavation of soils or other acts which will cause erosion into the drainage channels within the drainage easement. No water shall be diverted from the drainage channel within drainage casement. Each owner of a lot which includes any portion of the drainage casement shall abide by all conditions set forth in any fill/removal permits issued by the Oregon Division of Statc Lands, United States Army Corp of Engineers or City of Eugene." The recorded covenants, conditions and restrictions shall also provide that the above obligations, covenants, conditions and restrictions pertaining to the drainage easement may not be amended or repealed without the concurrence of the City of Eugene, which concurrence shall be in writing and recorded in the Official Records of Lane County, Oregon. 3. MODIFICATIONS: Modifications of.physical features within the storm water drainage easement shall not be made by Developer or his successors in interest without receiving prior City authorization.. 4. ACCESS: Develupcr shall provide a permanent legal access route for City maintenance staff and vehicles from adjacent public streets as described graphically in Exhibit B prior to acceptance by the City of any public improvements constructed on the property. 5. TERM; BINDING EFFECT: This agreement shall run with the land, and shall be binding on Developer's heirs, successors, and assigns. This agreement shall remain in full force and effect unless canceled or modified with the unanimous consent of both parties. 6. TIME OF ESSENCE: Time is of the essence for each of the teems, covenants and conditions of this agreement. 7. INDEMNIFICATION: Each party shall indemnify, defend, and hold the other, their respective officers, agents and employees, harmless from and against all claims, actions, liabilities, costs, including attorney fees and other costs of defense, or any appeal or review thereof, arising out of or in any way related to the party's performance under this agreement, the party's failure to strictly comply with any provision of this agreement, or any other actions or failure to act by the party, the party's employees, agents, officers and contractors as such acts or omissions relate to this agreement. 8. ATTORNEY FEES: In the event of any legal proceeding is commenced for the purpose of interpreting or enforcing any provision of this agreement, the prevailing party.in such proceeding shall be entitled to recover reasonable attorney fees in the proceeding or any appeal or review 7GiGt,cGtGt rl PRR+s P.R9 t+7q:nl :WONJ St7:bZ L002-2Z-Wf