Agenda - 08-27-2012 - C2 - Laserfiche WebLink

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and operation; and {viii} to convey ta any town, county, private utility company, water district,sanitary sewer district or other municipal or quasi-municipal or private corporation aIl sewer 3ines and mains and water lines and mains and pipelines and wells and affiliated structures constructed or to be canstructed �n the Praperties, together with suitable easements andlor rights-of-way over said lines and sites for the required installation,maintenance,repair,replacement and operation thereof. C. Erasion Cantrol. During site greparation and canstruction on a Lot, the Otivner of such Lat {including Contract 5e11er anci Builders) shall take such action to contrQl erosion on such Lot and sedimentation of streams resulting from erosion on such Lot as may be required by the Declarant or by any governmental authority charged with responsibility therefor. If the Qwner of such Lot fails to maintain such erosion andfar sedimentation controls on such Lot, the Declarant may cause the required actionlwork to 6e completed and charge the Owner of such Lot for all costs and expenses incurred by Declarant in compieting such actian/work, including but not Iimited to, court costs and reasonable attorney's fees incurred to collect such casts � and expenses. D. Easements. Easements for installation, maintenance, repair, replacement and _ operation of utilities and drainage,faciIities and for Subdivision entrance signs and landscaping are reserved as shown on the xecorded plats/maps of the Subdivision and . Declarant further reserves an easement for and the right at any time in the future ta grant rights-of-way for the ins#allation, maintenance, repair, replacement and operat'ron of public and/or private utilities across, on or under each Lot at a distance . of not more than ten (ld} feet from the front, rear, and side lines of each Lot. I}eclarant further reserves the right to subject the Lots to a contrack with a local • � utility company for the instaliation of underground electric cables and or the installation.of street lighting, either or both af which may require an initial paytnent and/or a cflntinuing monthly payment to said utility company by the Owner of each Lot in tt►e Subdivision andlor by the Association. Declarant further reserves the right to subject the Lots to a contract with one or more cablevision andior te(ephone � and/ar gas companies far the installation of underground cablevision andlor talephone lines,and/or gas Sines. ARTICLE X EASEMENTS AND RIGHTS A. General Easement. Daclaxant, for itself, its successors anci/ar assigns {for so long as � • Declarant shall own any "Declarant's Property"}, and tlze Assaciation, reserves unto themselves,their successors and assigns,the perpetual right and easement to use the Cornmon Areas and any Lot, or any portion thereof, as may be needed for the repair, maintenance andttir construction on such Lot or Common Areas. g. T3raina�e and UtiIity Easernents. Each Owner acknawledges and covenants to honor and provide such easements for drainage and waterflow and utilities as are shown on the �lats/maps of the Properties naw or hereafter recorded in tha Office of the Register of Deeds � of Durham County, North Carolina. A psrpetual, alienable easement af ingress, egress and regress is hereby reserved over and upon all Lots and on the Comman Areas for the purposes af installation, repair, canstruction and maintenanee of alt utilities, including but not limited to, underground utilities and drainage facilities,provided,however, no new utility Iines,may be constructed or no existing utility line may be relocated without the prior approval of the peclarant or of the Architectural Review Committee shauld the Declarant nn ianger bwn any "Declarant's Praperty". Specifically included herein are easements far the location af under- graund and above-ground eiectric 'transmission lines and equipment, sepkic canduits, 20