Agenda - Council - 09/26/2023 - Laserfiche WebLink

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utlot B is liable for eighteen and two tenths percent(18.2%) of the East Access tasement Maintenance Costs; and the Owner of utlot C is liable for eleven and two tenths percent 11.2% of the East Access Easement Maintenance Costs. Article III, Section 3 of this Declaration describes the Owners obligations with respect to the payment of maintenance costs. Notwithstanding anything to the contrary herein, the Owner of Lot 1 shall not be responsible for any portion of the East Access Easement Maintenance Costs until Lot 1 is developed and a certificate of occupancy has been issued for the building constructed on the property. C. Storm Sever Easement, (i) Grant of Easement. The HRA declares a perpetual, non-exclusive, appurtenant casement over, under and across the portion of the HFA property legally described on the attached Exhibit C (the `'Storm Sever Easement properly""for the benefit of Lot 1, Lot 2 and Lot 3 for the installation, use, inspection, maintenance, repair and replacement of private storm sever lines and equipment (the "Storm Sewer Easement"). ii Construction and Maintenance. The IRA will arrange for the construction of shared, private storm sewer lines and equipment in the Storm Sewer Easement (the "Shared Storm Sever Improvements"'). The Shared Storm Sewer Improvements shall be deemed private improvements even if a. public utility casement is dedicated over all or a portion of the Storm Sever Easement Property. The Owner of Lot I must maintain, repair and replace the Shared Storm Sever Improvements. The owner of Lot 1 must perform its maintenance, repair and replacement obligations in manner that sloes not unreasonably interfere with the use or enjoyment of the Storm Sewer Easement property for its intended purposes. If the Owner of Lot 1 intends to perform maintenance, repair or replacement work on the Shared Storm Sever Improvements on Lot 2 or on Lot 3, the Owner of Lot I must give the Owner or Owners of the Lot or Dots upon which the maintenance, repair or replacement work will be undertaken at least seven 7clays before commencing the work. (iii)Maintenance Costs. The cost of maintaining, repairing and replacing the Shared Storm Sever Improvements (the "Shared Storm Sewer Improvement Maintenance Costs") shall be allocated between the Owners of Lot 1, Lot 2 and Lot 3 as follows: The Owner of Lot I is liable for thirty-three and five tenths percent (33.5%) of the Shared Storm Sewer Improvement vement Maintenance Costs; the Owner of Lot 2 is liable for thirty-three and one tenth percent .1 % of the Shared Storm Sewer Improvement 5 4744vr7