Easements, Maintenance Agreements & Other Legal Forms

Many proposed projects that require or involve stormwater ponds, infiltration features, and/or wetlands are required to record drainage and utility easements over these features utilizing the Easement Template (doc). Legal descriptions of these easements must be prepared by the applicant, reviewed and approved by the District, and then submitted to the County Recorder’s Office for recording.

In addition, for projects involving stormwater ponds and infiltration features, applicants must complete and record a Stormwater Operation and Maintenance Agreement (doc) for these features unless a City assumes the maintenance responsibilities of these features as indicated in a letter to the District. If Rule M applies to the project, the following Stormwater Rule M Operation and Maintenance Agreement (doc) should be completed and recorded. An exhibit and/or legal description that clearly delineates and identifies all stormwater and infiltration features must accompany the stormwater operation and maintenance agreement. A draft of this agreement with accompanying exhibit must be submitted to the District for review and approval prior to submission to the County Recorder’s office.

For projects involving wetland impacts and replacement, State law requires the preparation and recording of Wetland Legal Forms for the replacement wetlands on the site. Instructions for completing and recording these forms are included in the wetland legal forms document. The wetland legal documents require the applicant to prepare legal descriptions of all replacement wetlands. These legal descriptions and the forms must be reviewed and approved by the District prior to submittal to the County Recorder’s Office for recording.

For all documents submitted for recording, a copy of the notarized and signed documents and a copy of the receipt from the County Recorder’s Office indicating that the documents were submitted must be provided to the District prior to permit issuance.