Drainage Easements. Drainage flow shall not be obstructed or diverted from the 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 xxxxxx 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 and the County [and the County (in the event an MSBU is formed for the maintenance of the Surface Water Management System)], a perpetual non-exclusive easement over, under and upon all Lots and other portions of the Property 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 e...
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:
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. 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. (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.
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. The Owner hereby agrees to grant such easements as may be required for stormwater outlets, the location and details of which are to be identified in the plans and reports described in Section 7.2 above, all of which are subject to approval by the Conservation Authority.
Drainage Easements. Notwithstanding Section 6.3 above, the City agrees that payment from the TID Fund shall be made to Developer for all drainage easements furnished to the City for the purpose of regional drainage ponds. The City agrees to hire a certified appraiser to ascertain the value of the easements, the cost of which shall be reimbursable from the TID Fund. The reimbursement to Developer for the drainage ponds shall be the lesser of the amount allocated in the Project Plan or the appraised value.
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.
Drainage Easements. There is hereby reserved an easement for the benefit of Developer, the Association, and their respective successors and assigns for access to and installation, repair, or removal of a drainage system, either by surface drainage or appropriate underground installations, for the Real Estate; provided, however, that the Owner of any Lot subject to a drainage easement shall be required to maintain the portion of said drainage easement on his Lot (as shown on any Plat) in the condition originally provided by Developer and free from obstructions so that the surface water drainage will be unimpeded. No changes shall be made to said area by the Owner without the written consent of the applicable governmental agency; provided, however, that Developer, in its sole discretion, may make any changes. No permanent structures shall be erected or maintained upon said drainage easements.
