10-10-2016 Council Packet - Laserfiche WebLink

Home Browse Search

Should the Association fail to maintain the Roadway, the City may, at its option maintain the Roadway and assess the cost of maintenance against the Lots. 3.5 Retention Pond. In addition to the rights granted pursuant to Section 3.1 above, all Owners that own any portion of the Retention Pond or that own land that lies between an Owner's Lot and the Retention Pond or between the Roadway and the Retention Pond hereby grant to the other Owners the right to drain over such Owner's Lot or the Roadway into the Retention Pond any storm water or runoff that may from time to time collect on an Owner's Lot, and hereby grant such Owners and the Association with an easement right over those portions of the Owner's Lot that are needed to drain into the Retention Pond from such Owner's Lot or from the Roadway. An Owner may redirect the flow of overland water that runs over such Owner's Lot as such Owner sees fit so long as such redirection does not hinder or prevent the flow of water from another Owner's Lot or the Roadway into the Retention Pond. The Association shall assume and agree to pay the total costs for maintaining, repairing, altering and reconstructing the Retention Pond, if any, and each Owner grants the Association with all easement rights that are needed in order for the Association or the City of Orono to maintain, repair, alter, reconstruct or replace the Retention Pond. 3.6 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 3.7 Easements are Appurtenant. All easements and similar rights burdening or benefitting a Lot or any other part of the Property shall be appurtenant thereto, and shall be permanent. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 3.8 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to establish and enforce reasonable Rules and Regulations governing the use of the Property. 3.9 Easement for Maintenance, Repair, Replacement and Reconstruction. Each Lot, and the rights of the Owners and Occupants thereof, shall be subject to the rights of the Association to an exclusive, appurtenant easement on and over the Lots for the purposes of maintenance, repair, replacement and reconstruction of the Common Area and other utilities serving the Lots, to the extent necessary to fulfill the Association's obligations under the Governing Documents. 3.10 Assignment. The easements granted in this Declaration may not be assigned to any other party, provided that the City of Orono may assign its rights under this Declaration to any subdivision of the government of the City of Orono. i Formatted: Not Formatted. Not 3;11 Stormwater Maintenance Covenant. The Owners shall pay an eoual share for all costs' , ; Form to maintain and repair the gormwater �ganagement facilitie set forth on the Plat. a: ----------------------- i Formatted: Not Maintenance shall include all necessary maintenance required to keep the §tormwater _ Formatted: Section, Space After. 12 pt Line spacing: single, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, ... + Start at 1 + Alignment: Left + Aligned at: 0" + Tab after. 0.5" + indent at: 0.5" 188927vl Formatted: Not Highlight