Common use of Drainage Easements Clause in Contracts

Drainage Easements. Easements for drainage throughout the ------------------ Property, in the event same are applicable to such parts of the Property situated therein, are reserved as shown on the aforementioned recorded plats, such easements being depicted thereon as "drainage easements." No Owner of any part of the Property may perform or cause to performed any act which would alter or change the course of such drainage easements in a manner that would divert, increase, accelerate or impede the natural flow of water over and across such easements. More specifically, and without limitation, no Owner may: (a) 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; (b) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage Engineer; (c) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) 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. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The drainage easements provided for in this Section 5.20 shall in no way affect any other recorded easement in the Property.

Drainage Easements. 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 throughout 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 same are applicable to such parts 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 situated thereinwhich may be utilized for the Surface Water Management System to make use of such Surface Water Management System for the surface water drainage, are reserved as shown on the aforementioned recorded platsretention, such easements being depicted thereon as "drainage easements." No Owner of any part of detention and maintenance necessary to develop the Property may perform or cause as the Declarant deems to performed any act which would alter or change be appropriate. In addition to the course of such drainage easements in a manner that would divertforegoing, increasethe Declarant, accelerate or impede the natural flow of water over its successors and across such easements. More specificallyassigns, and without limitationthe Association, no Owner may: (a) alter, change or modify shall have the existing natural vegetation of the drainage easements in a manner that changes the character of the original environment of such easements; (b) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage Engineer; (c) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) place, store, or permit right to accumulate trash, garbage, leaves, limbs, or other debris within or upon the drainage easements, either on a temporary or permanent basis. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The utilize all drainage easements provided for in this Section 5.20 shall in no way affect herein or on the Plat of the Property for purposes of accessing any other recorded easement in and all drainage facilities on the PropertyProperty and for access to any Common Areas and/or any Improvement from time to time located thereon.

Drainage Easements. Easements for drainage (“Drainage Easements”) throughout the ------------------ Property, in the event same are applicable to such parts of the Property situated therein, Subdivision are reserved as shown on along and within the aforementioned recorded plats, such easements being depicted thereon as "drainage easements." No Owner of any part of the Property may perform or cause to performed any act which would alter or change the course of such drainage easements in a manner that would divert, increase, accelerate or impede the natural flow of water over and across such easementsRoadways. More specifically, and without limitation, no Owner may:The Drainage (a1) 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; (b2) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement easements or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage EngineerDeclarant; (c3) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easementseasements which will impede the natural flow of water over said easement; (d4) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e5) place, store, store or permit to accumulate trash, garbage, leaves, limbs, 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 owner to comply with the provisions of this Section 5.20 3 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The drainage easements provided for in this Section 5.20 provision shall in no way affect any other recorded easement in the PropertySubdivision.

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 throughout 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, in by Declarant and by the event same are applicable to such parts of the Property situated thereinAssociation; provided, are reserved as shown on the aforementioned recorded platshowever, such easements being depicted thereon as "drainage easements." No 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 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 may perform or cause to performed any act which would alter or change on the course of such Plat marked “Common Area.” The Common Area shall be used (i) for storm water retention drainage easements in a manner that would divert, increase, accelerate or impede purpose; (ii) for the natural flow of water over aesthetic and across such easements. More specifically, and without limitation, no Owner may: (a) alter, change or modify the existing natural vegetation visual enjoyment of the drainage easements in a manner that changes Owners of Lots and (iii) following the character end of the original environment of Development Period, for such easements; (b) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage Engineer; (c) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) 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. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The drainage easements provided for in this Section 5.20 shall in no way affect any other recorded easement in the Propertypurposes allowed herein.

Drainage Easements. Easements Drainage flow shall not be obstructed or diverted from drainage easements. The Declarant hereby reserves for drainage throughout itself, its successors and assigns, and hereby grants to the ------------------ PropertyAssociation, 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 event same are applicable Water Management District, as such permits may be amended or supplemented from time to such parts 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 situated therein, which are reserved as shown not located within the specific easement areas designated on the aforementioned recorded platsPlat or in this Declaration. Neither these easements nor their intended uses may be changed, such easements being depicted thereon as "drainage easements." No Owner of any part amended, modified or terminated by subsequent owners or others (with the exception of the Property may perform or cause to performed any act which would alter or change the course holders of such easements). Except as provided herein, existing drainage easements in a manner that would divert, increase, accelerate and drainage channels (or impede areas reserved for such purposes) shall not be altered so as to divert the natural flow of water over 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 across such easements. More specificallyassigns, and without limitationhereby grants to the Association, no Owner may: (a) altera perpetual non-exclusive easement over, change or modify the existing natural vegetation under and upon all Lots and other portions of the drainage easements in a manner that changes Property, including but not limited to the character of Private Right-of-Way Tract, Open Space Tracts and the original environment Lake Tracts which may be utilized for the Surface Water Management System to make use of such easements; (b) alterSurface Water Management System for the surface water drainage, change or modify retention, detention and maintenance necessary to develop the existing configuration of Property as the drainage easementsDeclarant deems to be appropriate. In addition to the foregoing, or fillthe Declarant, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee its successors and assigns, and the City of San Antonio Drainage Engineer; (c) constructAssociation, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) place, store, or permit shall have the right to accumulate trash, garbage, leaves, limbs, or other debris within or upon the drainage easements, either on a temporary or permanent basis. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The utilize all drainage easements provided for in this Section 5.20 shall in no way affect herein or on the plat of the Property for purposes of accessing any other recorded easement in and all drainage facilities on the PropertyProperty and for access to any Common Areas, Lake Tracts and/or any Improvement from time to time located thereon.

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 throughout 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, in by Declarant and by the event same are applicable to such parts of the Property situated thereinAssociation; provided, are reserved as shown on the aforementioned recorded platshowever, such easements being depicted thereon as "drainage easements." No 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 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 may perform or cause to performed any act which would alter or change on the course of such Plat marked “Common Area.” The Common Area shall be used (i) for storm water retention drainage easements in a manner that would divert, increase, accelerate or impede purpose; (ii) for the natural flow of water over aesthetic and across such easements. More specifically, and without limitation, no Owner may: (a) alter, change or modify the existing natural vegetation visual enjoyment of the drainage easements in a manner that changes Owners of Lots and (iii) following the character end of the original environment of Development Period, for such easements; (b) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage Engineer; (c) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) 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. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The drainage easements provided for in this Section 5.20 shall in no way affect any other recorded easement in the Propertypurposes allowed herein.

Drainage Easements. 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 throughout 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 (in the event same are applicable to such parts 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 situated thereinwhich may be utilized for the Surface Water Management System to make use of such Surface Water Management System for the surface water drainage, are reserved as shown on the aforementioned recorded platsretention, such easements being depicted thereon as "drainage easements." No Owner of any part of detention and maintenance necessary to develop the Property may perform or cause as the Declarant deems to performed any act which would alter or change be appropriate. In addition to the course of such drainage easements in a manner that would divertforegoing, increasethe Declarant, accelerate or impede the natural flow of water over its successors and across such easements. More specificallyassigns, and without limitationthe Association, no Owner may: (a) alter, change or modify shall have the existing natural vegetation of the drainage easements in a manner that changes the character of the original environment of such easements; (b) alter, change or modify the existing configuration of the drainage easements, or fill, excavate or terrace such easement or remove trees or other vegetation therefrom without the prior written approval of the Architectural Control Committee and the City of San Antonio Drainage Engineer; (c) construct, erect or install a fence or other structure of any type or nature within or upon such drainage easements; (d) permit storage, either temporary or permanent, of any type upon or within such drainage easements; or (e) place, store, or permit right to accumulate trash, garbage, leaves, limbs, or other debris within or upon the drainage easements, either on a temporary or permanent basis. The failure of any Owner to comply with the provisions of this Section 5.20 shall in no event be deemed or construed to impose liability of any nature on the Architectural Control Committee and/or Declarant, and such Architectural Control Committee and/or Declarant shall not be charged with any affirmative duty to police, control or enforce such provisions. The utilize all drainage easements provided for in this Section 5.20 shall in no way affect herein or on the Plat of the Property for purposes of accessing any other recorded easement in and all drainage facilities on the PropertyProperty and for access to any Common Areas and/or any Improvement from time to time located thereon.