Drainage Easements Sample Clauses
A Drainage Easements clause establishes the right for certain parties, typically a municipality or utility provider, to use a designated portion of property for the purpose of managing water flow and drainage. This clause specifies the location and boundaries of the easement area, and may outline permissible activities such as installing, maintaining, or repairing drainage systems like pipes, ditches, or culverts. Its core function is to ensure proper water management and prevent flooding or water damage, thereby protecting both the property and surrounding areas from drainage-related issues.
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Drainage Easements. Drainage flow shall not be obstructed or diverted from drainage easements. The Declarant hereby reserves for itself, its successors and assigns, and hereby grants to the Association, easements for and may, but shall not be required to, cut ▇▇▇▇▇▇ and drainways for surface water wherever within the Property and whenever such action may appear to the Declarant or the Association, as the case may be, to be necessary to maintain reasonable standards of health, safety and/or appearance provided that any such action is in compliance with any permit from time to time issued by the Water Management District, as such permits may be amended or supplemented from time to time. These easements include the right to cut or remove any trees, bushes or shrubbery, make any gradings of the soil, or take any other action reasonably necessary to install drainage facilities and maintain reasonable standards of health, safety and/or appearance, but shall not include the right to disturb any Improvements erected within the Property which are not located within the specific easement areas designated on the Plat or in this Declaration. Neither these easements nor their intended uses may be changed, amended, modified or terminated by subsequent owners or others (with the exception of the holders of such easements). Except as provided herein, existing drainage and drainage channels (or areas reserved for such purposes) shall not be altered so as to divert the flow of water onto adjacent parcels or into sanitary sewer lines. Notwithstanding anything provided herein to the contrary, the Surface Water Management System makes use of certain portions of the Property, including, but not limited to, portions of the Common Areas dedicated for water management purposes. The Declarant hereby reserves unto itself, its successors and assigns, and hereby grants to the Association, a perpetual non-exclusive easement over, under and upon all Lots and other portions of the Property, including but not limited to the Private Right-of-Way Tract, Open Space Tracts and the Lake Tracts which may be utilized for the Surface Water Management System to make use of such Surface Water Management System for the surface water drainage, retention, detention and maintenance necessary to develop the Property as the Declarant deems to be appropriate. In addition to the foregoing, the Declarant, its successors and assigns, and the Association, shall have the right to utilize all drainage easements provided for herein...
Drainage Easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, or stormwater runoff needs to be addressed, an adequate drainageway or easement shall be provided as required by the Plan Commission. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Plan Commission, and parallel streets or parkways may be required in connection therewith. However, all such drainageways or easements shall be a minimum of 20 feet wide. Wherever possible, the stormwater drainage shall be maintained by landscaped, open channels of adequate size and grade to hydraulically accommodate maximum potential flow volumes. These sizes and design details are subject to review and approval by the Village Engineer, Plan Commission and Village Parks,
Drainage Easements. When water from the site is discharged over properties other than public streams or storm drains, the plans shall indicate a drainage easement and flowage easement up to a natural waterway or drainage system to be granted to the Department. The Department shall be held free and clear of all damages, liabilities and/or litigations arising from:
1. Discharge of water from the reservoir and deep well drainage system.
2. Surface runoff from the water facility sites.
3. Design and sizing of drainage system and/or structures outside the Department's property.
4. Maintenance of downstream waterway and/or conduits outside the property of the Department. In the event future developments are affected by the downstream waterways and/or conduits, the waterways and/or conduits shall be modified, adjusted, or relocated by the landowner at no cost to the Department. All such plans shall be submitted to the Manager for review. For projects constructed by the Department, drainage and flowage easements will be obtained by the Department and included on the plans. All such drainage systems shall conform to applicable drainage standards.
Drainage Easements. Where a subdivision is traversed by a watercourse, drainageway, channel or stream, an adequate drainageway or easement shall be provided which substantially conforms to the lines of each watercourse. Where necessary, storm water drainage shall be maintained by landscaped open channels of adequate size and grade to hydraulically accommodate maximum potential volumes of flow. All drainage easements shall clearly state that they include the permanent right of access for installation, maintenance and reconstruction to their full width and length.
Drainage Easements a. Where topography or other conditions are such as to make impracticable the inclusion of drainage facilities within the right-of-way of a public way, perpetual unobstructed easements at least 15 feet in width for such facilities shall be provided across property outside the public way lines and with satisfactory access to roads and streets. All easements shall be indicated on the Preliminary Plat and Final Plat. Drainage easements shall be carried from the public way to a natural watercourse or to other drainage facilities.
b. When a new drainage system is to be constructed which will carry water across private land outside the subdivision, appropriate drainage rights must be secured and indicated on the plat.
c. The applicant shall dedicate, when required by the Planning Commission, either in fee, or by drainage or conservation easement, the land on both sides of an existing watercourse to a distance to be determined by the Planning Commission.
d. Along watercourses, low-lying lands within any floodway, whether included in areas for dedication, shall be preserved and retained in their natural state as drainage ways.
Drainage Easements. (1) Where a subdivision is traversed by a watercourse, drainageway, channel or stream, or stormwater runoff needs to be addressed, an adequate drainageway or easement shall be provided as required by the Village Board. The location, width, alignment and improvement of such drainageway or easement shall be subject to the approval of the Village Board, and parallel streets or parkways may be required in connection therewith. Wherever possible, the stormwater drainage shall be maintained by landscaped, open channels of adequate size and grade to hydraulically accommodate maximum potential flow volumes. These sizes and design details are subject to review and approval by the Village Engineer. In addition to the requirements of Chapter 17 of this Code regarding erosion control and stormwater runoff, the developer shall provide all necessary easements and facilities to transport the water off the platted area in a manner satisfactory to the Village Engineer. Drainageways should substantially maintain or decrease existing water flow patterns onto neighboring lands.
(2) The planting of trees or shrubs, the construction of any landscaping, the construction or installation of any fences, building sheds, play equipment or any other obstruction within a drainage easement area is specifically prohibited. Further, modification of the approved grade within the easement area is specifically prohibited. It shall be the responsibility of the lot owner to keep the drainage area mowed to Village specifications.
Drainage Easements. The Grantor hereby reserves to itself and all persons claiming by, through or under the Grantor, including the Massachusetts Department of Environmental Protection, the Environmental Protection Agency and the Department of the Army and their agents and employees, and the Grantee takes the Premises subject to, a perpetual and non-exclusive right and easement, in, through, over, under and across (a) the area on the Premises along the northerly boundary thereof, shown on the Level I Plan as containing 8,238 square feet and designated on the Level I Plan as “Drainage Easement” (the “North Drainage Easement Area”) with pedestrian and vehicular access to the North Drainage Easement Area: (i) for the purpose of installing, using, maintaining, repairing, replacing, upgrading and removing any underground stormwater pipes within the Drainage Easement Areas (collectively, the “Drainage Equipment”), and (ii) for the purpose of stormwater drainage through the Premises for the benefit of the Grantor and other landowners within Devens; and (b) the area on the Premises running parallel to the southerly boundary thereof, shown on the Level I Plan as containing 26,118 square feet and designated on the Level I Plan as “Utility Easement” (the “South Drainage Easement Area”) with pedestrian and vehicular access to the South Drainage Easement Area for the purpose of stormwater drainage through the Premises for the benefit of the Grantor and other landowners within Devens.
Drainage Easements. Easements for drainage (“Drainage Easements”) throughout the Subdivision are reserved along and within the Roadways. The Drainage
(1) alter, change or modify the existing natural vegetation of the drainage easements in a manner that changes the character of the original environment of such easements;
(2) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easements or remove trees or other vegetation therefrom without the prior written approval of the Declarant;
(3) construct, erect or install a fence or other structure of any type or nature within or upon drainage easements which will impede the natural flow of water over said easement;
(4) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or
(5) place, store or permit to accumulate trash, garbage, leaves, limbs or other debris within or upon the drainage easements, either on a temporary or permanent basis. After the initial construction of any drainage channels, culverts and Water Retention Berms by Declarant, the Owners shall have the right to, and shall be responsible for, the maintenance and repair of such drainage channels, culverts and Water Retention Berms to the extent required in order to cause them to adequately perform the drainage and water retention function for which they were initially constructed; provided that the Owner of a Tract on which a Drainage Easement, drainage channel, culvert and/or Water Retention Berm is situated shall be responsible for the normal, day-to-day maintenance of such areas on such Owner’s Tract (including, without limitation, mowing such areas, and keeping such areas free from trash, garbage, leaves, limbs and other debris), and for any maintenance or repairs caused by any violation by such Owner of the restrictions provided for in these Declarations. The failure of any owner to comply with the provisions of this Section 3 shall in no event be deemed or construed to impose liability of any nature on the Declarant, and such Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The drainage easements provided for in this provision shall in no way affect any other recorded easement in the Subdivision.
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Drainage Easements. Each Owner shall maintain any drainage easements on its Site as indicated on the recorded plat without substantial alteration of the design as prepared and constructed for FIPCO by others, and shall promptly repair any damage thereto occurring by reason of any cause whatsoever. If any Owner fails so to do, FIPCO, upon twenty (20) days written notice to such Owner, shall have the right to enter such Site, by itself or by agents, and at such Owner's expense to do any maintenance repairs or restoration which may be necessary. FIPCO shall charge such expense to the Owner and the Owner shall pay such charge forthwith. The Owner shall, in addition to such charge, pay all costs and expenses, including reasonable attorney's fees, incurred by FIPCO in an legal proceeding brought to enforce its rights under this paragraph 4g. Any Owner of a Site in fee may bring legal action to compel any Owner to comply with his obligations under this paragraph 4g unless FIPCO has exercised its right to perform such obligations and obtain reimbursement from the Owner.