Common use of Rights-of-Way and Easements Clause in Contracts

Rights-of-Way and Easements. Rights of way and easements for installation and maintenance of utilities, water retention facilities, drainage facilities and boulevards are reserved as shown on the recorded plat. Within these easements, no structure, fence, planting or other material, shall be placed or permitted to remain which may damage or impair the function or interfere with the installation and maintenance of utilities, or easements. Any improvements so located shall be removed upon the request of the Developer, its successors or assigns, or any public utility using said area, at the expense of the owner of said building site or tract. The easement area of each building site and all improvements in it shall be maintained continuously by the owner of the building site, except those improvements for which a public utility or authority is obligated to maintain. No fence or structure of any type shall be permitted within the fifteen (15) foot easement along the rear of building sites abutting Island Bay Lane to the west. Vegetative screening and other planting shall be allowed within said easement area to provide screening for Island Bay Lane. Nothing in this paragraph is intended to prohibit owners of such building sites from erecting fences or other structures west of the fifteen foot easement abutting Island Bay Lane if they so desire or if required by ordinance of the City of Springfield to screen swimming pools or other rear yard improvements. The rear drainage easement with respect to Lot 12 shall be thirty (30) feet and the rear drainage easement of Lot 13 shall be twenty (20) feet, contrary designations on the plat of subdivision notwithstanding. Lot owners and building site owners are prohibited from altering, restructuring or redesigning drainage easement areas, except where grading or restructuring is necessary in connection with construction of improvements on the building site. Any such grading or restructuring shall not alter or impair the drainage easements and where regrading and restructuring is necessary, it shall not be done without prior approval of the Architectural Control Committee, and the lot owner or building site owner shall replant all easement areas to restore grass and vegetation removed during regrading or restructuring.

Rights-of-Way and Easements. Rights of way and easements for installation and maintenance of utilities, water retention facilities, drainage facilities and boulevards are reserved as shown on the recorded plat. Within these easements, no structure, fence, planting or other material, shall be placed or permitted to remain which may damage or impair the function or interfere with the installation and maintenance of utilitieso futilities, or easements. Any improvements so located shall be removed upon the request of the Developer, its successors or assigns, or any public utility using said area, at the expense of the owner of said building site or tract. The easement area of each building site and all improvements in it shall be maintained continuously by the owner of the building site, except those improvements for which a n public utility or authority is obligated obligate to maintain. No fence or structure of any type shall be permitted within the fifteen (15) foot easement along the rear of building sites abutting Island Bay Lane to the west. Vegetative screening and other planting shall be allowed within said easement area to provide screening for Island Bay Lane. Nothing in this paragraph is intended to prohibit owners of such building sites from erecting fences or other structures west of the fifteen foot easement abutting Island Bay Lane if they so desire or if required by ordinance of the City of Springfield to screen swimming pools or other rear yard improvements. The rear drainage easement with respect to Lot 12 shall be thirty (30) feet and the rear drainage easement of Lot 13 shall be twenty (20) feet, contrary designations on the plat of subdivision notwithstanding. Lot owners and building site owners are prohibited from altering, restructuring or redesigning drainage easement areas, except where grading or restructuring is necessary in connection with construction of improvements on the building site. Any such grading or restructuring shall not alter or impair the drainage easements and where regrading regarding and restructuring is necessary, necessary it shall not be done without prior approval of the Architectural Control Committee, and the lot owner or building site owner shall replant all easement areas to restore grass and vegetation removed during regrading regarding or restructuring.