Common use of Drainage Easements Clause in Contracts

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.

Drainage Easements. The Drainage Easements are hereby granted and created for the limited purposes of providing paths and courses for area and local storm drainage, either over land or in an adequate underground conduit, to serve the needs of the Development and adjoining ground and/or public drainage systems, and it shall be the Association’s responsibility to maintain the drainage across the Common Area in the Development. The areas of the Drainage Easements are marked, either separately or in combination, on the Plat. Said areas are subject to construction or reconstruction solely to obtain adequate drainage at any time by any governmental authority having jurisdiction over drainage on the Property, by Declarant and by the Association; provided, however, such private easement shall not confer in any way any obligation to perform such construction or reconstruction upon the Declarant or the Association. Under no circumstances shall said private easement be blocked in any manner by the construction or reconstruction of any improvement. The Owner of any Lot subject to a Drainage Easement shall be required to keep the portion of said Drainage Easement on the Lot free from obstructions so that the surface water drainage will be unimpeded. The Drainage Easement is created and reserved (i) for the use of Declarant during the Development Period (as such term is defined in this Declaration) for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations, for the Property and adjoining property and (ii) for the use of the Association and for access to and maintenance, repair, and replacement of such drainage system. Drainage ▇▇▇▇▇▇, (ditches) located within Drainage Easements shall not be altered, dug out, filled in, tiled in or otherwise changed without the written consent of the Hamilton County Drainage Board or any other governmental authority having jurisdiction over drainage on the Property (“Drainage EasementsBoard”) throughout ). Owners must maintain these ▇▇▇▇▇▇ as sodded grass ways or other non-eroding surfaces. Owners violating the Subdivision are reserved along and within Drainage Easement will be subject to action by the Roadways. The Drainage (1) alter, change or modify Drainage Board which may include the existing natural vegetation Drainage Board restoring such swale to the proper state which cost shall be the responsibility of the drainage easements in Owner. There is a manner that changes the character part of the original environment of such easements; Property on the Plat marked “Common Area.” The Common Area shall be used (2i) alter, change or modify for storm water retention drainage purpose; (ii) for the existing configuration aesthetic and visual enjoyment of the drainage easements, or fill, excavate or terrace such easements or remove trees or other vegetation therefrom without Owners of Lots and (iii) following the prior written approval end of the Declarant; (3) constructDevelopment Period, 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 for 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 Subdivisionpurposes allowed herein.

Drainage Easements. The Drainage Easements are hereby granted and created for the limited purposes of providing paths and courses for area and local storm drainage, either over land or in an adequate underground conduit, to serve the needs of the Development and adjoining ground and/or public drainage systems, and it shall be the Association’s responsibility to maintain the drainage across the Common Area in the Development. The areas of the Drainage Easements are marked, either separately or in combination, on the Plat. Said areas are subject to construction or reconstruction solely to obtain adequate drainage at any time by any governmental authority having jurisdiction over drainage on the Property, by Declarant and by the Association; provided, however, such private easement shall not confer in any way any obligation to perform such construction or reconstruction upon the Declarant or the Association. Under no circumstances shall said private easement be blocked in any manner by the construction or reconstruction of any improvement. The Owner of any Lot subject to a Drainage Easement shall be required to keep the portion of said Drainage Easement on the Lot free from obstructions so that the surface water drainage will be unimpeded. The Drainage Easement is created and reserved (i) for the use of Declarant during the Development Period (as such term is defined in this Declaration) for access to and installation, repair or removal of a drainage system, either by surface drainage or appropriate underground installations, for the Property and adjoining property and (ii) for the use of the Association and for access to and maintenance, repair, and replacement of such drainage system. Drainage ▇▇▇▇▇▇, (ditches) located within Drainage Easements shall not be altered, dug out, filled in, tiled in or otherwise changed without the written consent of the ▇▇▇▇▇▇▇▇ County Drainage Board or any other governmental authority having jurisdiction over drainage on the Property (“Drainage EasementsBoard”) throughout ). Owners must maintain these ▇▇▇▇▇▇ as sodded grass ways or other non-eroding surfaces. Owners violating the Subdivision are reserved along and within Drainage Easement will be subject to action by the Roadways. The Drainage (1) alter, change or modify Drainage Board which may include the existing natural vegetation Drainage Board restoring such swale to the proper state which cost shall be the responsibility of the drainage easements in Owner. There is a manner that changes the character part of the original environment of such easements; Property on the Plat marked “Common Area.” The Common Area shall be used (2i) alter, change or modify for storm water retention drainage purpose; (ii) for the existing configuration aesthetic and visual enjoyment of the drainage easements, or fill, excavate or terrace such easements or remove trees or other vegetation therefrom without Owners of Lots and (iii) following the prior written approval end of the Declarant; (3) constructDevelopment Period, 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 for 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 Subdivisionpurposes allowed herein.