Common use of Drainage Easements Clause in Contracts

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 easements provided for herein or on the Plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to any Common Areas and/or any Improvement from time to time located thereon.

Drainage Easements. The Drainage flow 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 be obstructed confer in any way any obligation to perform such construction 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 reconstruction upon the Declarant or the Association, as the case may be, to . Under no circumstances shall said private easement be necessary to maintain reasonable standards of health, safety and/or appearance provided that blocked in any such action is in compliance with any permit from time to time issued manner by the Water Management District, 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 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 term is defined in this Declaration. Neither these easements nor their intended uses may be changed) for access to and installation, amendedrepair or removal of a drainage system, modified either by surface drainage or terminated by subsequent owners or others appropriate underground installations, for the Property and adjoining property and (with ii) for the exception use 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 easements provided for herein or on the Plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to and maintenance, repair, and replacement of such drainage system. Drainage xxxxxx, (ditches) located within Drainage Easements shall not be altered, dug out, filled in, tiled in or otherwise changed without the written consent of the Xxxxxxxx County Drainage Board or any other governmental authority having jurisdiction over drainage on the Property (“Drainage Board”). Owners must maintain these xxxxxx as sodded grass ways or other non-eroding surfaces. Owners violating the Drainage Easement will be subject to action by the Drainage Board which may include the Drainage Board restoring such swale to the proper state which cost shall be the responsibility of the Owner. There is a part of the Property on the Plat marked “Common Areas and/or any Improvement from time to time located thereonArea.” The Common Area shall be used (i) for storm water retention drainage purpose; (ii) for the aesthetic and visual enjoyment of the Owners of Lots and (iii) following the end of the Development Period, for such purposes allowed herein.

Drainage Easements. The Drainage flow 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 be obstructed confer in any way any obligation to perform such construction 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 reconstruction upon the Declarant or the Association, as the case may be, to . Under no circumstances shall said private easement be necessary to maintain reasonable standards of health, safety and/or appearance provided that blocked in any such action is in compliance with any permit from time to time issued manner by the Water Management District, 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 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 term is defined in this Declaration. Neither these easements nor their intended uses may be changed) for access to and installation, amendedrepair or removal of a drainage system, modified either by surface drainage or terminated by subsequent owners or others appropriate underground installations, for the Property and adjoining property and (with ii) for the exception use 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 easements provided for herein or on the Plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to and maintenance, repair, and replacement of such drainage system. Drainage xxxxxx, (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 Board”). Owners must maintain these xxxxxx as sodded grass ways or other non-eroding surfaces. Owners violating the Drainage Easement will be subject to action by the Drainage Board which may include the Drainage Board restoring such swale to the proper state which cost shall be the responsibility of the Owner. There is a part of the Property on the Plat marked “Common Areas and/or any Improvement from time to time located thereonArea.” The Common Area shall be used (i) for storm water retention drainage purpose; (ii) for the aesthetic and visual enjoyment of the Owners of Lots and (iii) following the end of the Development Period, for such purposes allowed herein.

Drainage Easements. Drainage flow shall not be obstructed or diverted from the drainage easements. The Declarant Land Owner hereby reserves for itself, its successors and assigns, and hereby grants to the Declarant, its successors and assigns, and 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 Land Owner, 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 Land Owner hereby reserves unto itself, its successors and assigns, and hereby grants to the Association Declarant, its successors and assigns, and the County [and the County (in the event an MSBU is formed for the maintenance of the Surface Water Management System)]Association, 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 Land Owner, its successors and assigns, the Declarant, its successors and assigns, and the Association, shall have the right to utilize all drainage easements provided for herein or on the Plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to any Common Areas and/or any Improvement from time to time located thereon.

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 easements provided for herein or on the Plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to any Common Areas and/or any Improvement from time to time located thereon.

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)]Association, a perpetual non-exclusive easement over, under and upon all Lots and other portions of the Property 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 or on the Plat plat of the Property for purposes of accessing any and all drainage facilities on the Property and for access to any Common Areas Areas, Lake Tracts and/or any Improvement from time to time located thereon.

Drainage Easements. Glass House does hereby establish in favor of and reserve unto the Village Entities a non-exclusive easement (“Stormwater Easement”) for the conveyance, drainage, storage and treatment of stormwater generated upon the Village Parcels under, through and across those portions of the Glass House Parcels intended as the locations for "Stormwater Facilities" (defined below) as depicted in that certain Paving, Grading and Drainage flow shall not be obstructed or diverted from Plan of the drainage easementsGlass House Parcels attached hereto as Exhibit “K” and by this reference hereby incorporated herein, all in accordance with, and only to the extent permissible pursuant to, any District Permits and any applicable Project Approvals, and all, in common with the use of such Stormwater facilities by Glass House. The Declarant hereby reserves for itselfStormwater Easement shall include the right in favor of each of the Village Entities to (i) enter upon the Glass House Parcels, its successors at the Village Entities' sole cost and assignsexpense, in order to construct or otherwise install any Stormwater Facilities, not already constructed or under construction by the Owner of the Parcel upon which such Stormwater Facilities are to be located, necessary to connect the Stormwater Facilities to similar stormwater conveyancing facilities serving the Parcel of the Village Entities, (ii) enter upon the Glass House Parcels in order to maintain, repair or replace the Stormwater Facilities as permitted by this REA and hereby grants (iii) to temporarily enter upon portions of the Glass House Parcels to the Associationextent reasonably necessary for Owner to fully enjoy the Stormwater Easement. The “Stormwater Facilities” shall mean and include the conveyancing lines, easements for ponds, connections and may, but shall not be required to, cut xxxxxx other/related drainage and drainways for surface water wherever treatment facilities/systems constructed upon or installed within the Property Glass House Parcels consistent with the Project Plans intended for the conveyance and whenever such action may appear treatment of stormwater generated upon the Village Parcels. All conveyancing lines, connections and related drainage systems forming a part of the Stormwater Facilities shall be installed and maintained below ground level to the Declarant extent feasible and customary. Notwithstanding anything to the contrary contained in the foregoing provisions of this Paragraph 4(c), the Stormwater Easement shall only grant to the Village Entities or other benefitted parties, if any, the Association, as the case may be, right to be necessary convey stormwater pursuant to maintain reasonable standards of health, safety and/or appearance provided that any such action is and in compliance with any permit applicable permits or approvals issued by the County, the applicable Water Management District or other governmental authorities with jurisdiction over development of the Project and each Village Entity shall be responsible, and shall construct such stormwater facilities within its own Parcel as are necessary, for compliance with any and all rules, regulations, permits or approvals of or issued by the County, the applicable Water Management District or such other governmental authorities with respect to the stormwater generated upon such Parcel, including the construction of on-site water quality treatment facilities and any secondary stormwater collection and conveyancing facilities necessary to cause the stormwater generated upon the Village Parcel to be conveyed to the Stormwater Facilities, to the extent any such water quality treatment may not be performed at the Stormwater Facilities pursuant to applicable governmental permits or approvals. Each Village Entity utilizing such easements for installation or maintenance work from time to time issued by shall be obligated to give 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 Owner 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 affected portion of the holders Glass House Parcels at least ten (10) days prior notice of such easements). Except as provided herein, existing drainage and drainage channels (or areas reserved for such purposes) shall not be altered so as its intentions to divert enter upon 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 easements provided for herein or on the Plat of the Property affected portion for purposes of accessing exercising this easement right, except in emergency situations in connection with which the Village Entity utilizing such easements shall be obligated to provide only such advance notice as is reasonably practicable under such emergency conditions, and it shall also restore the Glass House Parcels to the condition existing prior to such work and such work shall be done at such times so as not to unreasonably interfere with Glass House’s use of the Glass House Parcels. Nothing in this Paragraph 4(c) shall be construed to impose or imply any and all drainage facilities obligation on the Property Village Entity to monitor, repair or replace the Stormwater Facilities, which maintenance and for access to any Common Areas and/or any Improvement from time to time located thereonrepair obligations are the sole responsibility of the Glass House, as set forth below in Paragraph 5.