The URL can be used to link to this page

Home My WebLink About20021230001153 STORM EASEMENT 123002A 2. 13 Z- 12tturn Address: City of Auburn City Clerk 25 West Main Auburn, WA4 .,a?o8QOclumen1(s) wsre fliod for rccord by Pacific Northwesi Title as accommodation only. It has not bean examined as to p7aoer execution or -3 to Its affect upon iriio. Above this line reserved for recording information. STORM WATER EASEMENT AND MAINTENANCE AGREEMENT FAC01.0020 20 1 00, OF Ole as 3 22/3e/2@02 99 Reference # (if applicable): Grantor/Borrower: N/A Additional on page: 2) Gator NW, LLC Additional on page: 1) Hebert Brothers, LLC Grantee/Assignee/Beneficiary: City of Auburn Legal Description/STR: SE'/a, 36-22N-4E Assessor's Tax Parcel ID#: 936000-0147, 936000-0163 Additional on page: 2- 1533 PNW w 14 Q6 (.o'5 THIS EASEMENT AND AGREEMENT made and entered into this day of e v , 204L , by and between the City of Auburn, a municipal corporation of King County, Washington, hereinafter referred to as "CITY" and Hebert Brothers, LLC, owner of Parcel # 93600-0147, and Grantor, Gator NW, LLC, owner of Parcel # 93600-0163, hereinafter referred to as the "PROPERTY OWNERS". WHEREAS, PROPERTY OWNERS have applied for certain permits with the CITY for the construction of facilities at the Park 280 development located at the southeast corner of 49`h Street NW and B Street NW which create impervious surface; and WHEREAS, the PROPERTY OWNERS will complete a storm system; and WHEREAS, the PROPERTY OWNERS and the CITY desire that the storm system be maintained to provide adequate facilities for controlling both the quantity and quality of storm drainage; and WHEREAS, for maintenance of a storm system it is necessary to have appropriate right- of-way to bring in equipment to conduct maintenance functions; and WHEREAS, maintenance requirement is a covenant running with the land and binding upon all heirs, successors and assigns of both parties; and WHEREAS, the parties desire that this Agreement be recorded to advise heirs, successors and assigns of both parties as to the existence of this easement and agreement; and Storm Water Easement and Maintenance Agreement Page I of 15 WHEREAS, an easement is needed to bring in maintenance equipment; and WHEREAS, the parties are both desirous of permitting inspection of the storm system to make certain that it is functioning properly and for purposes of determining the appropriate repairs. NOW, THEREFORE, BASED UPON MUTUAL COVENANTS TO BE DERIVED THE PARTIES AGREE AS FOLLOWS: Section 1, EASEMENT PROPERTY OWNERS hereby provides an easement over, under and on that portion of the property as showing on the approved Record Drawings revised pursuant to construction records for the City of Auburn under Permit No. FAC01-0020, which Record Drawings are hereby incorporated by reference as if set out in full. This easement shall be a burden to that real estate which is legally described below and incorporated herein by this reference, and shall be of benefit to the City storm utility system. THE WEST 362.5 FEET OF TRACT 24 AND THE WEST 1 ACRE OF TRACT 26, ALL IN WHITE RIVER VALLEY HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 17, IN KING COUNTY, WASHINGTON. Section 2, HEIRS, SUCCESSORS AND ASSIGNS This Agreement shall be binding upon the heirs, successors and assigns of the parties. Section 3, MAINTENANCE The PROPERTY OWNERS agree to maintain the storm system in accordance with the ordinances and all applicable codes of the CITY and the Stormwater Pollution Prevention Maintenance and Operation Schedule attached as Exhibit "B" and incorporated herein by this reference. The PROPERTY OWNERS do hereby agree that the CITY may enter onto the property of the PROPERTY OWNERS via the easement described above to inspect and perform necessary maintenance if, after the PROPERTY OWNERS are given notice 'to maintain, the PROPERTY OWNERS fail to maintain. Further, the PROPERTY OWNERS agree the CITY may enter onto the property of PROPERTY OWNERS via the easement described above to perform emergency maintenance in the event of the storm system's failure which might result in adverse impacts(s) on public facilities or private facilities of other property owners. In both events the PROPERTY OWNERS agree they shall reimburse the CITY for the costs incurred by the CITY in maintaining the storm system. Should the CITY incur attorney's fees and/or costs in enforcing the agreement and/or in maintaining or collecting maintenance fees, the PROPERTY OWNERS agree to pay reasonable attorney's fees and all costs incurred by the CITY. Storm Water Easement and Maintenance Agreement Page 2 of 15 , Section 4, ACKNOWLEDGMENT OF OTHER ENFORCEMENT ACTIONS PROPERTY OWNERS acknowledge that there may be liability for violations of codes that could result in additional fines and/or the possibility of incarceration in addition to the fees for maintenance should violations occur. EXECUTED as of the date first written above. CITY OF AUBURN ACTING CITY ENGINEER I Own r Date lel4 O ner Date STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that b o UG /n S E. I<1-i 2.b is/are the persouKwho appeared before me, and said person acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the --t -p- a's u.-s z-- of the ~o~ hl 0 C a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated !a /a 0 : o `.IOTRC' n~': i ! k L [.r • v ° i Notary Public in and for the tale f Wa ington AJ3L1C 10, residing at Q's urn a I t ttt~t~~ MY appointment expires % OP CP/bi File: #806 REF. H:DevelopmerifformALegal Docs12002 Storm Water Easement and Maintenance Agreement Page 3 of 15 STATE OF WASHINGTON) )ss. COUNTY OF KING ) I certify I have know or have satisfactory evidence that y I 1 -6 EP-4- I the persQ"ho appeared before me, and said person acknowledged that he/she/they signed this instrument on oath stated that he/she/they was/were authorized to execute the instrument and acknowledge as the j MaN A-!2i rn,4 ~ ,V\l~E2 of the WF-bF-2--+- a limited liability company, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 1a Z) n l1 ~ 'sia~A s :v NOTARY m C: 'PUBLIC ; /III Nom.' . j' - o~ STATE OF WASHINGTON) )ss. County of King ) 1 Ek6 L -oa ~G vlyr-- y Notary Public in and for the State of Washi gton residing at ~~tQhC~ 0 c..~, My appointment expires f /mil M~rQ3 I certify that I know or have satisfactory evidence that et?azz le-l is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the ACTING CITY ENGINEER of THE CITY OF AUBURN to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated _4~t~n A~`~►.. ' E ~~v :~5 '9F•. I v 41 ~p,RY O i C1 , ~tl r o - Z`'.~•'1~e Notary Publics and for the St to of Washington lo► S;=,y 'M,SJ= residing at My appointment expires LDLz~d 3 Storm Water Easement and Maintenance Agreement Page 4 of 15 STORMWATER POLLUTION PREVENTION PLAN For PARK 280 BUILDINGS "A" THRU "C" FAC # 01-0020 GRA # 00-0030 Site Address: The project is located in S.E. 1/4, SECTION 36, T22N, RANGE 4 East, W.M. At the SE Comer of 49TH Street N.W. and "B" Street N.W. Tax Parcel # 936000-0163 (North), 936000-0147 (South) Introduction: This storm drainage technical information report has been prepared to address the City of Auburn's site development and storm drainage requirements for the proposed PARK 280 BUILDINGS "A" THRU "C" Project located at the S.E. Corner of 49th Street N.W. and "B" Street N.W. in Auburn, WA. The site has an area of approximately 3.02acres and is currently a pasture and a single family house. The subject site will be developed into a three building warehouse complex with associated driveways and parking with a storm water detention pond and other utilities. The subject site will be fully paved and developed with buildings and pavements. According to the City of Auburn's Construction Standards for storm water management, the city requires storm water quantity and quality control to all proposed developments. We have proposed to collect all of the storm water runoff from the landscaped, building and pavement areas in a series of catch basins. This water will be conveyed by storm drainage pipe to a storm water Detention/Wet Pond located at the Southwest corner of the site. Here the storm water will be released into the existing piped storm drainage system in "B" Street N.W. Plan Goal The specific purpose for the storm water facility is to minimize pollution that is typically associated with modern development. In general, pollution from motor vehicles and pollution generated from erosion. Attached to this narrative is a maintenance manual, which offers guidelines to the owner for storm water facility maintenance. Storm Water Easement and Maintenance Agreement Page 5 of 15 Prevention BMP'S The catch basins shall have stenciled on them "DUMP NO WASTE - DRAINS TO STREAM. The owner shall be responsible for sweeping the lot, installing storm drainage stenciling and provide spill control procedures. In case of spill call DOE at 1-425-649-7000. The catch basins, detention / wet pond, and control structures will be visually inspected for accumulation of debris and silt and will be maintained as required by this pollution prevention plan and attachments. • Maintenance Standards for Drainage Facilities No. 1-Detention Pond No. 4-Control Structure/Flow Restrictor No. 5-Catch Basins No. 11-Wet Pond (Department of Ecology Storm Water Manual, August 2001). Treatment BMP'S A wet pond has been installed to treat runoff for conventional pollutants. The wet pond was designed to treat 64% of the 2-year storm event (water quality storm) for water quality treatment. In addition, the detention pond was designed to detain the volume created from releasing half the existing 2-year, 10, 25, and 100 year storm events, while holding the developed 2-year, 10, 25, and 100 year storm volumes. The City of Auburn Utilities Section is to review and approve any changes to this stormwater Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Sections. Inspection / Maintenance: Regular inspections of the drainage facilities should be carried out twice per year, in the spring and fall. The responsible party should keep records of these inspections available for review by the City. Additional inspections may be required after severe seasonal storms. Routine maintenance of the site will include mowing, care of landscaping and the removal of trash and debris from the drainage system. The parking lots and Storm Water Easement and Maintenance Agreement Page 6 of 15 driveways should be kept clean and in repair. Events such as major storms or heavy winds will require immediate inspections for damages. To ensure proper water quality and treatment, the detention/wet pond must be properly maintained. Be careful to avoid introducing landscape fertilizer to receiving waters or groundwater. If wet pond side slopes become eroded over 2 inches deep, stabilize by using appropriate erosion control measures (e.g., rock reinforcement, planting of grass, compaction). Catch Basins shall be cleaned when sump is 1/3' full of sediment or debris. Person of Responsibility: Mr. Henry Herbert 2020 "A" Street S.E. Suite 101 Auburn, WA 98002 Ph: (253) 931-8888 Design Engineer: Poe Engineering, Inc. 1314 - 8th Street NE, Suite 102 Auburn, WA 98002 Ph: (253) 833-4052 Plan and / or Information Updates: The City of Auburn Utilities Section is to review and approve any changes to this stormwater Pollution Prevention Plan prior to changes in its implementation. Additionally, any changes in ownership or person of responsibility are to be reported to the City Utilities Sections. (Changes to ownership shall be reported to the City of Auburn's Utilities Section Storm Water Easement and Maintenance Agreement Page 7 of 15 INSPECTION/MAINTENANCE CHECKLIST y S STRUCTURE DATE OF IN ECTION/MAINTENA t Results/ Maintenance Date All Catch Basins Inspection Results Maintenance Done Storm Water Inspection Detention/Wet Pond Results Maintenance Done Conveyance Pipes Inspection Results Maintenance Done Flow Control Inspection Structure Results Maintenance Done Storm Water Easement and Maintenance Agreement Page 8 of 15 Maintenance Standards for Drainage Facilities The facility-specific maintenance standards contained in this section are intended to be conditions for determining if maintenance actions are required as identified through inspection. They are not intended to be measures of the facility's required condition at all times between inspections. In other words, exceeding these conditions at any time between inspections and/or maintenance does not automatically constitute a violation of these standards. However, based upon inspection observations, the inspection and maintenance schedules shall be adjusted to minimize the length of time that a facility is in a condition that requires a maintenance action. No.1 - Detention Ponds Maintenance Defect Conditions' When Maintenance1s Results Expected When' Component Needed;, Maintenance is Performed General Trash & Debris Any trash and debris which exceed 5 Trash and debris cleared from site. cubic feet per 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. Poisonous Any poisonous or nuisance No danger of poisonous vegetation Vegetation and vegetation which may constitute a where maintenance personnel or the noxious weeds hazard to maintenance personnel or public might normally be. (Coordinate the public. with local health department) Any evidence of noxious weeds as Complete eradication of noxious weeds defined by State or local regulations. may not be possible. Compliance with State or local eradication policies (Apply requirements of adopted IPM required policies for the use of herbicides). Contaminants Any evidence of oil, gasoline, No contaminants or pollutants and Pollution contaminants or other pollutants present. (Coordinate removal/cleanup with local water quality response agency). Storm Water Easement and Maintenance Agreement Page 9 of 15 No.1 - Detention Ponds Maintenance Defect Conditions When Maintenance Is Results Expected When Component Needed Maintenance Is Performed Rodent Holes Any evidence of rodent holes if Rodents destroyed and dam or berm facility is acting as a dam or berm, or repaired. (Coordinate with local health any evidence of water piping through department; coordinate with Ecology dam or berm via rodent holes. Dam Safety Office if pond exceeds 10 acre-feet.) Beaver Dams Dam results in change or function of Facility is returned to design function. the facility. (Coordinate trapping of beavers and removal of dams with appropriate permitting agencies) Insects When insects such as wasps and Insects destroyed or removed from hornets interfere with maintenance site. activities. Apply insecticides in compliance with adopted IPM policies Tree Growth Tree growth does not allow Trees do not hinder maintenance and Hazard maintenance access or interferes activities. Harvested trees should be Trees with maintenance activity (i.e., slope recycled into mulch or other beneficial mowing, silt removal, vactoring, or uses (e.g., alders for firewood). equipment movements). If trees are not interfering with access or Remove hazard Trees maintenance, do not remove If dead, diseased, or dying trees are identified (Use a certified Arborist to determine health of tree or removal requirements) Side Slopes Erosion Eroded damage over 2 inches deep Slopes should be stabilized using of Pond where cause of damage is still appropriate erosion control measure(s); present or where there is potential for e.g., rock reinforcement, planting of continued erosion. grass, compaction. Any erosion observed on a If erosion is occurring on compacted compacted berm embankment. berms a licensed civil engineer should be consulted to resolve source of erosion. Storage Area Sediment Accumulated sediment that exceeds Sediment cleaned out to designed 10% of the designed pond depth pond shape and depth; pond reseeded unless otherwise specified or affects if necessary to control erosion. inletting or outletting condition of the facility. Liner (If Liner is visible and has more than Liner repaired or replaced. Liner is fully Applicable) three 1/4-inch holes in it. covered. Storm Water Easement and Maintenance Agreement Page 10 of 15 N6.1 - Detention Ponds Maintenance Defect ; Conditions When Maintenance.1s, Results.Expected When:. „ Component .!Needed Maintenancealt,.P.erformed' Pond Berms Settlements Any part of berm which has settled 4 Dike is built back to the design (Dikes) inches lower than the design elevation. elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. Piping Discernable water flow through pond Piping eliminated. Erosion potential berm. Ongoing erosion with potential resolved. for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Emergency Tree Growth Tree growth on emergency spillways Trees should be removed. If root Overflow/ creates blockage problems and may system is small (base less than 4 Spillway and cause failure of the berm due to inches) the root system may be left in Berms over 4 uncontrolled overtopping. place. Otherwise the roots should be feet in height. removed and the berm restored. A Tree growth on berms over 4 feet in licensed civil engineer should be height may lead to piping through the consulted for proper berm/spillway berm which could lead to failure of restoration. the berm. Piping Discernable water flow through pond Piping eliminated. Erosion potential berm. Ongoing erosion with resolved. potential for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Emergency Emergency Only one layer of rock exists above Rocks and pad depth are restored to Overflow/ Overflow/ native soil in area five square feet or design standards. Spillway Spillway larger, or any exposure of native soil at the top of out flow path of spillway. (Rip-rap on inside slopes need not be replaced.) Erosion See "Side Slopes of Pond" Storm Water Easement and Maintenance Agreement Page 11 of 15 No. 4 - Control Structure/Flow Restrictor Maintenance Defect Condition When Maintenance is Needed Results Expected ''Component When Maintenance is Performed g: General Trash and Debris Material exceeds 25% of sump depth or 1 Control structure (Includes Sediment) foot below orifice plate. orifice is riot blocked. All trash and debris removed. Structural Damage Structure is not securely attached to Structure securely manhole wall. attached to wall and outlet pipe. Structure is not in upright position (allow up Structure in correct to 10% from plumb). position. Connections to outlet pipe are not watertight Connections to outlet and show signs of rust. pipe are water tight; structure repaired or replaced and works as designed. Any holes--other than designed holes--in Structure has no the structure. holes other than designed holes. Cleanout Gate Damaged or Missing Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. Gate cannot be moved up and down by one Gate moves up and maintenance person. down easily and is watertight. Chain/rod leading to gate is missing or Chain is in place and damaged. works as designed. Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standards. Orifice Plate Damaged or Missing Control device is not working properly due Plate is in place and to missing, out of place, or bent orifice plate. works as designed. Obstructions Any trash, debris, sediment, or vegetation Plate is free of all blocking the plate. obstructions and works as designed. Overflow Pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all potential of blocking) the overflow pipe. obstructions and works as designed. Manhole See "Closed See "Closed Detention Systems" (No. 3). See "Closed Detention Systems" Detention Systems" (No. 3). (No. 3). Catch Basin See "Catch Basins" See "Catch Basins" (No. 5). See "Catch Basins" (No. 5). (No..S). Storm Water Easement and Maintenance Agreement Page 12 of 15 No. 5 - Catch Basins Maintenance Defect. Conditions When Maintenance is Needed Results',Expected When Cgmponent << Maintenance is General Trash & Trash or debris which is located immediately No Trash or debris Debris in front of the catch basin opening or is located immediately in blocking inletting capacity of the basin by front of catch basin or on more than 10%. grate opening. Trash or debris (in the basin) that exceeds 60 No trash or debris in the percent of the sump depth as measured from catch basin. the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest pipe. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes tree blocking more than 1/3 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases (e.g., methane). the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on separation of more than 3/4 inch of the frame the riser rings or top slab from the top slab. Frame not securely and firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or Cracks in unsound. repaired to design Basin Walls/ standards. Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 112 inch and longer than 1 foot at the secure at basin wall. joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or Misalignment function, or design problem. repaired to design standards. Vegetation Vegetation growing across and blocking No vegetation blocking more than 10% of the basin opening. opening to basin. Storm Water Easement and Maintenance Agreement Page 13 of 15 No. 5 - Catch Basins Maintenance Defect Conditions When Maintenance is Needed ResulWExpected When Component Maintenance is performed Vegetation growing in inlet/outlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. Contamination See "Detention Ponds" (No. 1). No pollution present. and Pollution Catch Basin Cover Not in Cover is missing or only partially in place. Catch basin cover is Cover Place Any open catch basin requires maintenance. closed Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1/2 inch of thread. Cover Difficult One maintenance person cannot remove lid Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person. (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/8 inch. Grate opening meets (If Applicable) Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20% of grate surface inletting capacity. debris. Damaged or Grate missing or broken member(s) of the Grate is in place and Missing. grate. meets design standards. No. 6 - Debris Barriers (e.g., Trash Racks) . Maintenance, Defect Condition When Maintenance is Results=Expected When Components Needed Maintenance is.MPerformed General Trash and Trash or debris that is plugging more Barrier cleared to design flow Debris than 20% of the openings in the barrier. capacity. Metal Damaged/ Bars are bent out of shape more than 3 Bars in place with no bends more Missing inches. than 3/4 inch. Bars. Bars are missing or entire barrier Bars in place according to design. missing. Bars are loose and rust is causing 50% Barrier replaced or repaired to deterioration to any part of barrier. design standards. Inlet/Outlet Debris barrier missing or not attached to Barrier firmly attached to pipe Pipe pipe Storm Water Easement and Maintenance Agreement Page 14 of 15 No. 11 - Wetponds Maintenance Defect Condition When Maintenance Results Expected,When Maintenance-, . Components r , 1111- is'Needed;;: is Performedi. V, 't. General Water level First cell is empty, doesn't hold Line the first cell to maintain at least 4 water. feet of water. Although the second cell may drain, the first cell must remain full to control turbulence of the incoming flow and reduce sediment resuspension. Trash and Accumulation that exceeds 1 Trash and debris removed from pond. Debris CF per 1000-SF of pond area. Inlet/Outlet Inlet/Outlet pipe clogged with No clogging or blockage in the inlet and Pipe sediment and/or debris outlet piping. material. Sediment Sediment accumulations in Sediment removed from pond bottom. Accumulation pond bottom that exceeds the in Pond depth of sediment zone plus 6- Bottom inches, usually in the first cell. Oil Sheen on Prevalent and visible oil sheen. Oil removed from water using oil- Water absorbent pads or vactor truck. Source of oil located and corrected. If chronic low levels of oil persist, plant wetland plants such as Juncus effusus (soft rush) which can uptake small concentrations of oil. Erosion Erosion of the pond's side Slopes stabilized using proper erosion slopes and/or scouring of the control measures and repair methods. pond bottom, that exceeds 6- inches, or where continued erosion is prevalent. Settlement of Any part of these components Dike/berm is repaired to specifications. Pond that has settled 4-inches or Dike/Berm lower than the design elevation, or inspector determines dike/berm is unsound. Internal Berm Berm dividing cells should be Berm surface is leveled so that water level. flows evenly over entire length of berm. Overflow Rock is missing and soil is Rocks replaced to specifications. Spillway exposed at top of spillway or outside slope. Storm Water Easement and Maintenance Agreement Page 15 0l' 15