2202 100TH ST SW 2023-02-07 - Laserfiche WebLink

of the Property Discharge Area is as required by applicable laws, regulations and permits. C. "Private Stormwater Facility" includes all Property improvements and portions of the Property necessary to convey, store, detain, treat or otherwise receive stormwater discharge and runoff from the Property Discharge Area and the Public Discharge Area. 2. Grant of Easement. Grantor hereby grants and conveys to the City a perpetual and assignable easement over, across, along, in, upon and under the Property, allowing stormwater from the Public Discharge Area to discharge and runoff into the Private Stormwater Facility. Grantor acknowledges and agrees that Grantor similar to all landowners has obligations under applicable law to accept runoff from neighboring properties, and accordingly the easement granted herein may not be strictly necessary. However, for the purposes of avoiding any doubt, Grantor is nevertheless granting the easement so that parties have clarity on the rights of the City to have stormwater from the Public Discharge Area discharge and runoff into the Private Stormwater Facility. 3. Maintenance and Operation of Private Stormwater Facility. As long as this Agreement is in effect, Grantor shall at Grantor's sole cost construct, operate, repair, replace and maintain the Private Stormwater Facility as necessary (A) to receive stormwater discharge and runoff from the Public Discharge Area, and (B) to convey, treat, store or detain all such stormwater discharge and runoff in accordance with all applicable laws, regulations and permits. This obligation includes without limitation: A. Design and construction of the Private Stormwater Facility in accordance with all applicable law and permit requirements, including, for example, correctly designing the size and scope of the Private Stormwater Facility necessary to receive discharge and runoff from both the Property Discharge Area and the Public Discharge Area. 0/0