10-10-2016 Council Packet - Laserfiche WebLink

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E. The term "Owner" shall mean one or more persons who or which holds fee title to the Property; provided, however, that if the Property is being sold pursuant to a contract for deed, the contract purchaser(s) entitled to possession of the Property shall be the Owner unless and until the contract for deed shall have been cancelled or otherwise shall have terminated. NOW, THEREFORE, in consideration of the facts stated above, Developer hereby makes this Declaration and submits the Property to the covenants, conditions, restrictions and easements set forth below, hereby declaring that this Declaration shall constitute covenants running with the land, and declaring that the Property and each portion thereof shall be owned, used, occupied and conveyed subject to the covenants, conditions, restrictions, and easements, set forth below, all of which shall be binding upon each Person owning or acquiring any right, title or interest therein, and their respective heirs, personal representatives, successors and assigns. ARTICLE I EASEMENTS AND SETBACKS 1.1 Utility and Drainaize Easements. Easements for installation and maintenance of utilities and drainage facilities have been dedicated as shown on the Plat. Within these easements, no structure, fence, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of water through drainage channels within the area of these easements. The Owner of the Property shall maintain the easement sites on the Property and all improvements within it, except for those improvements for which a public authority or utility company may be responsible. (add, for Lot 3 Declaration only: The 30 foot wide drainage and utility easement running from the Heritage Lane cul de sac to the common boundary with Lot 4, 216542.DOG5 10/5/2016 2 Error! Unknown document property name.