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Agenda - 08-27-2012 - C1
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Agenda - 08-27-2012 - C1
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1/14/2016 11:22:05 AM
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8/21/2012 4:16:31 PM
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BOCC
Date
8/27/2012
Meeting Type
Public Hearing
Document Type
Agenda
Agenda Item
C1
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Minutes 08-27-2012
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and operation; and (viii) to convey to any town, county, private utility company, <br /> water district,sanitary sewer district or other municipal or quasi-municipal or private <br /> corporation all sewer lines and mains and water lines and mains and pipelines and <br /> wells and affiliated structures constructed or to be constructed on the Properties, <br /> together with suitable easements and/or rights-of-way over said lines and sites for the <br /> required installation,maintenance,repair,replacement and operation thereof. <br /> C. Erosion Control. During site preparation and construction on a Lot, the Owner of <br /> such Lot (including Contract Seller and Builders) shall take such action to control <br /> erosion on such Lot and sedimentation of streams resulting from erosion on such Lot <br /> as may be required by the Declarant or by any governmental authority charged with <br /> responsibility therefor. If the Owner of such Lot fails to maintain such erosion <br /> and/or sedimentation controls on such Lot, the Declarant may cause the required <br /> action/work to be completed and charge the Owner of such Lot for all costs and <br /> expenses incurred by Declarant in completing such action/work, including but not <br /> limited to, court costs and reasonable attorney's fees incurred to collect such costs <br /> and expenses. <br /> D. Easements. Easements for installation, maintenance, repair, replacement and <br /> operation of utilities and drainage,facilities and for Subdivision entrance signs and <br /> landscaping are reserved as shown on the recorded plats/maps of the Subdivision and <br /> Declarant further reserves an easement for and the right at any time in the future to <br /> grant rights-of-way for the installation, maintenance, repair, replacement and <br /> operation of public and/or private utilities across, on or under each Lot at a distance <br /> of not more than ten (10) feet from the front, rear, and side lines of each Lot. <br /> Declarant further reserves the right to subject the Lots to a contract with a local <br /> • <br /> utility company for the installation of underground electric cables and or the <br /> installation.of street lighting, either or both of which may require an initial payment <br /> and/or a continuing monthly payment to said utility company by the Owner of each <br /> Lot in the Subdivision and/or by the Association. Declarant further reserves the right <br /> to subject the Lots to a contract with one or more cablevision and/or telephone <br /> • and/or gas companies for the installation of underground cablevision and/or <br /> telephone lines,and/or gas lines. <br /> ARTICLE X <br /> EASEMENTS AND RIGHTS <br /> A. General Easement. Declarant, for itself, its successors and/or assigns (for so long as <br /> • <br /> Declarant shall own any "Declarant's Property"), and the Association, reserves unto <br /> themselves,their successors and assigns,the perpetual right and easement to use the Common <br /> Areas and any Lot, or any portion thereof, as may be needed for the repair, maintenance <br /> and/or construction on such Lot or Common Areas. <br /> B. Drainage and Utility Easements. Each Owner acknowledges and covenants to honor and <br /> provide such easements for drainage and waterftow and utilities as are shown on the <br /> plats/maps of the Properties now or hereafter recorded in the Office of the Register of Deeds <br /> of Durham County, North Carolina. A perpetual, alienable easement of ingress, egress and <br /> regress is hereby reserved over and upon all Lots and on the Common Areas for the purposes <br /> of installation, repair, construction and maintenance of all utilities, including but not limited <br /> to, underground utilities and drainage facilities, provided, however, no new utility lines may <br /> be constructed or no existing utility line may be relocated without the prior approval of the <br /> Declarant or of the Architectural Review Committee should the Declarant no longer own any <br /> "Declarant's Property". Specifically included herein are easements for the location of under- <br /> ground and above-ground electric transmission lines and equipment, septic conduits, <br /> 20 <br />
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