HomeMy WebLinkAboutEasement Information
(1) Drnlnage Easements. (DE) are created to provide paths an
local storm drainage, either overland or in adequate underground conduit, to
Woods at Williams Creek and adjoining ground and/or public drainage syste
individual responsibility of each Owner to maintain the drainage across his
circumstances shall said easement be blocked in any manner by the constructi
of any ilnprovement, nor shall any grading restrict, in any manner, the water fio
subject to construction or reconstruction to any extent necessary to obtain adequate dra ny
time by any governmental authority having jurisdiction over drainage, by Williams Creek, and by
the Architectural Review Board, but neither Williams Creek nor the Architectural Review Board
shall have any duty to undertake any such construction or reconstruction. In the event Willianls
Creek or the Architectural Review Board undertakes any such construction or reconstruction. its
obligations to restore the affected real estate after any such construction or reconstruction shall be
limited to regrading and reseeding. Under no circunlstances shall Willianls Creek be liable for any
damage or destruction to any fences, structures. or other improvenlents \vhich are danlaged.
destroyed or remodeled by Willianls Creek. or its agents or employees as a result of such
construction or reconstruction. Said easements are for the mutual use and benefit of the Owners:
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(2) Sewer Easements. (SE) are created for the use of the local government agency
having jurisdiction over any storm and sanitary waste disposal system which may be designed to
serve The Woods at Williams Creek for the purpose of installation and maintenance of sewers that
are a part of said system;
(3) TTtility Easements. (UE) are created for the use of Williams Creek, the NP Corp.
and all public utility companies, not including transportation companies, for the installation and
maintenance of mains, ducts, poles, lines and wires, as well as for all uses specified in the case of
sewer easements;
(4) Take Maintenance Access Fasements. (LMAE) are created for the use of\Villianls
Creek, the NP Corp., the Drainage Board and the Clay Township Regional Waste District for the
purpose of gaining access to the Lake. the Lake Control Structures. the Drainage Systenl in the
course of maintenance, repair or replacement of any thereof.
13. Nature ronservation Zone. The Nature Conservation Zone ("Zone") as depicted on the Plat, is
designed to enhance preservation of the trees in accordance with the terms of the Trees Preservation Plan
dated April 18, 2001 ("Plan"). Such Plan is incorporated herein by reference and attached hereto as Exhibit
C.
Williams Creek and/or any Owner shall not take any action nor permit any individual or entity to
take any action that could or would disturb the natural state of the Zone. This shall not prevent an Owner
from taking actions and measures to preserve and maintain the trees located in the Zone or generally
maintaining the Zone in a healthy and safe condition: including, but not limited to, the removal of dead.
decayed or dangerous trees or vegetation to prevent hazard or prevent the threat of fire. The following
actions and activities shall be specifically prohibited in the Zone:
(a) the construction or maintenance of any buildings, structures or other improvenlents. other
than fencing or as otherwise expressly permitted herein~
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(b) the dumping or other disposal of trash. garbage or other refuse of any type whatsoever in or
on the Zone:
(c) earth nloving or grading or filling:
(d) the cutting or clearing of tinlber or trees. or intentional burning except as detenl1ined to be
necessary by the NP to control or prevent hazard. disease or fire: and
(e) the construction, maintenance or creation of any sign or billboard on or in the Zone.
Notwithstanding the above provisions, Williams Creek reserves the right to install erosion
control structures or devices in the Zone and to enter into and on the Zone to remove dead, decayed or
dangerous trees or vegetation or to prevent hazard, or the threat of fire or to comply with the
requirements of the Hamilton County Drainage Board.
The NP shall enforce the provisions of this Paragraph 13. Such enforcement rights shall include
the right to enter into and on the Zone in order to monitor compliance with and enforce the terms of this
Paragraph 13. including the right to repair any danlage to the Zone. Any O\vner that violates the
proyisions of this Paragraph 13 shall reinlburse the NP for the costs incurred by the NP: (a) to enforce the
provisions of this Paragraph 13, including but not limited to. reasonable attorney fees: and (b) to repair
any damage to the Zone. including the replacenlent of any destroyed or dan1aged trees or vegetation. This
reimbursement amount shall be deelTIed to be a special assessment to be paid and collected in accordance
with the provisions of Paragraph 10(c).
In addition. Williams Creek shall have the right to renlove all foundations and/or barns. silos. etc.
(including trash and debris) from the Zone.
14. Enforcement. The NP Corp., any Owner or Williams Creek shall have the right to
enforce, by proceeding at law or in equity, all restrictions, conditions, covenants. reservations. liens and
charges now or hereafter imposed by the provisions of this Declaration. but neither Williams Creek nor the
NP Corp. shall be liable for damage or any kind to any Person for failure either to abide by, enforce or carry
out any of the Restrictions. No delay or failure by any Person to enforce any of the Restrictions or to invoke
any available remedy with respect to a violation or violations thereof shall under any circumstances be
deemed or held to be a waiver by that Person of the right to do so thereafter. or an estoppel of that Person to
assert any right available to him upon the occurrence, recurrence or continuation of any violation or
violations of the Restrictions. In any action by WillialTIs Creek. the NP Corp. or an O\vner to enforce this
Declaration. such party shall be entitled to recover all costs of enforcement. including attorneys' fees. If it
substantially prevails in such action.
15. Amenoments.
(a) Generally. This Declaration may be amended at any time by an instrument signed by both:
(1) the appropriate officers of the NP Corp. acting pursuant to the authority granted
by not less than two-thirds (2/3) of the votes of the Class A members cast at a Ineeting duly
called for the purpose of amending this Declaration: and
(2) Williams Creek, so long as Williams Creek still o\vns at least one (1) Lot:
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