Drainage Easement. The parties agree that the area described on the Plat as “drainage easement” shall constitute a permanent easement for drainage which shall not be obstructed by fences, improvements, trash or vegetation.
Drainage Easement. If the requirements of Section 6.6 are satisfied, the Drainage Easement document agreed to by Seller and Purchaser substantially in the form of Exhibit F-2 attached hereto, executed and acknowledged by Seller;
Drainage Easement. Within 30 days of the execution of this Agreement, Builder agrees to enter into and otherwise execute a Drainage Easement over and through 000 Xxxxx Xxxx in the Legendary Addition, as such easement area is depicted on the attached Exhibit 1.
Drainage Easement. Drainage flow shall not be obstructed or diverted from drainage easements. The Association may, but shall not be required to, cut drainways for surface water wherever and whenever necessary to maintain reasonable standards of health, safety and appearance. Except as provided in this Section, existing drainage shall not be altered so as to divert the flow of water on an adjacent Lot or into sanitary sewer lines.
Drainage Easement. A perpetual easement and right-of-way for Drainage and Underground Utilities was granted to the City of Flagstaff, an Arizona municipal corporation on April 21st, 1969, and recorded in Docket 329 Page 58, April 22nd, 1969. The actual physical alignment of the easement is different than the recorded legal description, the City shall record an Affidavit of Correction with a corrected legal description attached hereto as Exhibit C, at no additional cost to the City.
Drainage Easement. As a part of, and at the northern end of the Project, is a major drainage way that is at the north end of Parcel FF and serves to drain a portion of Parcel FF as well as other areas of the Community. Easement D-7A which is part of the overall drainage easement affects the Project and is reserved in favor of, and is a common element of, the Community Association.
Drainage Easement. Each Lot and Owner shall be entitled to and shall grant to each other Lot and Owner appurtenant to each Lot belonging to such Lot Owner, for the benefit of each, as applicable, a non-exclusive, reciprocal, and perpetual easement over and under its Lot for surface water drainage over and through the drainage patterns and storm water drainage systems that are established from time to time among the Lots. Nothing herein shall prevent an Owner from relocating the drainage patterns established upon such Owner’s Lot, provided such relocation does not unreasonably interfere with the surface water drainage of other Lots nor interfere with the orderly discharge of surface water from such other Lots and shall have been approved by any appropriate governmental agencies having jurisdiction thereof. Prior to any dedication of the storm water detention system servicing the Property, the Declarant or its assignee shall be responsible for its repair and maintenance. Each Lot and Owner shall pay its pro rata share of all reasonable costs and expenses incurred for the repair and maintenance of the storm water detention system. Said pro rata share shall be based on the ratio of the total square footage of each Lot to the total square footage of the Property, and shall be treated as a lien in the same manner as the Access Drive Contribution set forth in Section 4.2 above.
Drainage Easement. CROSS COUNTRY establishes for the benefit of Tract 2 and hereby grants and conveys a perpetual, nonexclusive drainage and retention easement for the purpose of surface water drainage from Tract 3 over, across, under and through the drainage retention area situated on Tract 2 as described on Exhibit "E" attached hereto and made a part hereof ("Drainage Easement Area"). The Drainage Easement Area shall include all drainage infrastructure ("Drainage Facilities") to be located within the Drainage Easement Area, including without limitation, detention devices, catch basins and outfall pipes and devices, and the inflow pipes and devices to the detention facility to be located off the property within such area as is necessary to service the Property in accordance with existing zoning, platting and site plan approvals of the Property, and in accordance with all governmental authority having jurisdiction of said Tracts. The owner of Tract 2 shall be solely responsible at its own expense for maintaining the Drainage Easement Area situated on Tract 2 and all improvements thereon in good condition and repair; provided, however, the owner of Tract 3 shall be responsible to reimburse the owner of Tract 2 for the costs of maintaining any portion of the Drainage Facilities situated within the Drainage Easement Area which exclusively serve Tract 3.
Drainage Easement. Buyer and Seller agree that Buyer will be seeking various permits and approvals from authorities having jurisdiction and consideration of the floodway that currently exists through the Property. Buyer intends to seek approval from the Federal Emergency Management Agency (FEMA) to encapsulate the open floodway that exists on the Property. Buyer understands that upon Buyer obtaining all necessary permits to encapsulate the floodway Seller will reserve a storm water easement over the encapsulated portion of the floodway on the Property as a condition of the sale of the Property.
Drainage Easement. Self Storage hereby grants and conveys to Poinciana and Poinciana’s successors in title to the Poinciana Property, both in its current condition and as same may hereafter be developed, a perpetual, non-exclusive easement over, under and through the Poinciana Storage Property for the purpose of conveying surface water flowing in pre- development volume and direction from the Poinciana Property through the drainage pipes, swales, berms, ditches or other storm water conveyance facilities and improvements to be constructed for the purpose of storing, treating, and conveying excess storm water discharge from the Poinciana Storage Property offsite. Self Storage and its successors or assigns shall be solely responsible for the construction of the storm water storage, treatment and conveyance facilities within the Poinciana Storage Property with sufficient capacity to convey the pre- development storm water discharge from the Poinciana Property onto the Poinciana Storage Property. This shall be a requirement prior to development of the Poinciana Property development and after development of the Poinciana Property when Poinciana, it’s successors or assigned has satisfied all applicable onsite storage and treatment requirements under applicable rules and regulations for the development of the Poinciana Property in the further. Self Storage shall thereafter be solely responsible for the operation, use, maintenance, repair and replacement of storm water conveyance improvements within the Poinciana Storage Property except as otherwise provided herein. Self Storage, at Self Storage’s expense, may relocate or reconfigure the storm water conveyance facilities in the Poinciana Storage Property to any other location on the Poinciana Storage Property so long as after the relocation there is still access to the storm water conveyance facilities on the Poinciana Storage Property from the Poinciana Property.
