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HomeMy WebLinkAbout07 MLA17-00019 PROPOSED STORMWATER REVIEW When recorded please return to: Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT is made this day of , 2017 by Austin Smith, hereinafter GUARANTOR and Jefferson County, a municipal corporation, hereinafter GUARANTEE. 1.0 RECITALS 1.1 GUARANTOR is the owner of certain real property in Section 20, Township 30 North, Range 1 East, W.M., Jefferson County, Washington; located at 9272 Flagler Rd, Nordland, Washington 98358; identified as Assessor's Parcel Number 021204015 and referred to in this Agreement as the PROPERTY. 1.2 In conjunction with the GUARANTOR'S development of the PROPERTY under Jefferson County Master Land Use Application MLA17-00019 and Building Permit BLD17-00093, GUARANTEE has required and GUARANTOR has agreed to construct a stormwater management facility which includes collection, conveyance, treatment, and a dispersion flow path with native vegetation. The stormwater management facility is described and shown on a construction drawing for GUARANTOR'S development of the PROPERTY that is on file with the appropriate agency,division,employee, or representative of Jefferson County. 1.3 As a condition of development approval, GUARANTOR has agreed to enter into this Maintenance Agreement ensuring that the stormwater management facility will be constructed, maintained, and preserved in accordance with the approved plans. 2.0 CONSTRUCTION,MAINTENANCE AND PRESERVATION GUARANTOR agrees to construct, maintain, and preserve a stormwater management facility as shown on the construction drawing described above. The dispersion flow path through the native vegetation west of the stream and wetland, hereinafter Preserved Area, shall be clearly marked during construction activities. All trees within the Preserved Area at the time of the permit application on the 7th day of March, 2017, shall be retained except for the removal of dangerous or diseased trees. The Preserved Area may be used for passive recreation with no permanent structures provided that their cleared and compacted soil areas are less than eight percent of the Preserved Area. The stormwater management facility shall be maintained and preserved by GUARANTOR until such time as GUARANTOR, its heirs, successors, or assigns and GUARANTEE agree that the facility should be dismantled, altered, abandoned, or removed. 3.0 NO REMOVAL No part of the stormwater management facility shall be dismantled, altered, or removed except as Stormwater Management Facility Maintenance Agreement Page 1 of 2 For Austin Smith LOG ITEM 1 o 2- . necessary for maintenance,repair or replacement. 4.0 DISPUTE RESOLUTION If a dispute arises between the parties to this Agreement regarding the stormwater management facility, GUARANTOR shall attempt to negotiate an appropriate resolution with GUARANTEE represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level, GUARANTOR may file an appeal with the Jefferson County Hearing Examiner as provided for in the Jefferson County Unified Development Code. 5.0 ENFORCEMENT This Agreement may be enforced by GUARANTEE in law or equity against GUARANTOR, its heirs, successors and assigns. 6.0 SUCCESSORS AND ASSIGNS This Agreement shall run with the PROPERTY and be binding on GUARANTOR, its heirs, successors and assigns. 7.0 NOTICE GUARANTOR shall file this Agreement with the Jefferson County Auditor. DATED this day of , 2017. GUARANTOR STATE OF WASHINGTON ss COUNTY OF On this day personally appeared before me,Austin Smith,to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2017. Notary Public in and for the State of Washington residing at MY COMMISSION EXPIRES ACCEPTED for JEFFERSON COUNTY by: Monte Reinders Date Jefferson County Public Works Director/County Engineer Stormwater Management Facility Maintenance Agreement Page 2 of 2 For Austin Smith LOG ITEM Pa(;u - of Z ,:y When recorded please return to: Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 STORMWATER MANAGEMENT FACILITY MAINTENANCE AGREEMENT This MAINTENANCE AGREEMENT is made this day of , 2017 by Austin Smith, hereinafter GUARANTOR and Jefferson County, a municipal corporation, hereinafter GUARANTEE. 1.0 RECITALS 1.1 GUARANTOR is the owner of certain real property in Section 20, Township 30 North, Range 1 East, W.M., Jefferson County, Washington; located at 9272 Flagler Rd, Nordland, Washington 98358; identified as Assessor's Parcel Number 021204015 and referred to in this Agreement as the PROPERTY. 1.2 In conjunction with the GUARANTOR'S development of the PROPERTY under Jefferson County Master Land Use Application MLA17-00019 and Building Permit BLD17-00093, GUARANTEE has required and GUARANTOR has agreed to construct a stormwater management facility which includes collection, conveyance, treatment, and a dispersion flow path with native vegetation. The stormwater management facility is described and shown on a construction drawing for GUARANTOR'S development of the PROPERTY that is on file with the appropriate agency,division,employee, or representative of Jefferson County. 1.3 As a condition of development approval, GUARANTOR has agreed to enter into this Maintenance Agreement ensuring that the stormwater management facility will be constructed, maintained, and preserved in accordance with the approved plans. 2.0 CONSTRUCTION,MAINTENANCE AND PRESERVATION GUARANTOR agrees to construct, maintain, and preserve a stormwater management facility as shown on the construction drawing described above. The dispersion flow path through the native vegetation west of the stream and wetland, hereinafter Preserved Area, shall be clearly marked during construction activities. All trees within the Preserved Area at the time of the permit application on the 7th day of March, 2017, shall be retained except for the removal of dangerous or diseased trees. The Preserved Area may be used for passive recreation with no permanent structures provided that their cleared and compacted soil areas are less than eight percent of the Preserved Area. The stormwater management facility shall be maintained and preserved by GUARANTOR until such time as GUARANTOR, its heirs, successors, or assigns and GUARANTEE agree that the facility should be dismantled, altered, abandoned, or removed. 3.0 NO REMOVAL No part of the stormwater management facility shall be dismantled, altered, or removed except as Stormwater Management Facility Maintenance Agreement Page 1 of 2 For Austin Smith LOG ITEM 1 o 2- . necessary for maintenance,repair or replacement. 4.0 DISPUTE RESOLUTION If a dispute arises between the parties to this Agreement regarding the stormwater management facility, GUARANTOR shall attempt to negotiate an appropriate resolution with GUARANTEE represented by the Jefferson County Engineer. If the dispute cannot be resolved at that level, GUARANTOR may file an appeal with the Jefferson County Hearing Examiner as provided for in the Jefferson County Unified Development Code. 5.0 ENFORCEMENT This Agreement may be enforced by GUARANTEE in law or equity against GUARANTOR, its heirs, successors and assigns. 6.0 SUCCESSORS AND ASSIGNS This Agreement shall run with the PROPERTY and be binding on GUARANTOR, its heirs, successors and assigns. 7.0 NOTICE GUARANTOR shall file this Agreement with the Jefferson County Auditor. DATED this day of , 2017. GUARANTOR STATE OF WASHINGTON ss COUNTY OF On this day personally appeared before me,Austin Smith,to me known to be the individual described in and who executed the foregoing instrument,and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2017. Notary Public in and for the State of Washington residing at MY COMMISSION EXPIRES ACCEPTED for JEFFERSON COUNTY by: Monte Reinders Date Jefferson County Public Works Director/County Engineer Stormwater Management Facility Maintenance Agreement Page 2 of 2 For Austin Smith LOG ITEM Pa(;u - of Z ,:y