Sewer and Water Main Extension Agreement - Private Extension of Public Water Main – The Reserve at Blackthorn, LLC

Home Browse Search

All public utility services, either in the streets or on any lots, including but not limited to electric, gas and telephone service, and cable television, shall be located underground, und, and shall not be visible. No outside above -ground television, A.M., FK or short wave radio antennas of any type, including but not limited to any type of antenna (not including Dish or DirectTV), shall be erected or maintained on any lots or structures in this Subdivision. All street or lot lighting shall be situated on posts with no fines visible. To assure the enforcement of this restriction, the Developer, for itself, its successors, and assigns, does hereby agree: (a) To prohibit the erection and use of overhead wires, poles, and other facilities of any kind, including but not limited to those associated with electrical, television from poles and overhead wires around the perimeter of the Subdivision or development. Nothing herein should be construed to prohibit street lighting or ornamental yard lights if serviced by underground wire or cable; (b) To require that the owner of any building erected on the property install an electric service entrance of sufficient capacity to meet present and future requirements of the occupants in accordance with the. engineering standards of the electric utility company; (c) To require owners to assume all landscaping responsibility and restoration of paved or planted areas made necessary by maintenance, replacement, or expansion of the underground service facilities; (d) To require accessibility to all strips in which underground service is located for operation, maintenance, or replacement of facilities; and (e) To require that the owner of any building erected on the property must pay any cost differential for underground service laterals. 29. FIRES. No fire shall be permitted to burn on any street or roadway in this Subdivision. 30. CONVEYANCE OF COMMON AREAS TO ASSOCIATION. The Developer hereby covenants for itself, its successors and assigns, that it will convey fee simple title to all common areas in this Subdivision to the HOA not later than one (5) years after a Termination Event. 31. POND Pond shall mean and refer to the pond identified on the Plat and also referred to as a draining retention area. 32. AMENDMENTS OF COVENANTS. It is expressly provided that the Developer, its successors, or assigns, shall have the exclusive right for a period of five (5) years from date of recording of these Covenants to amend any of the terms and conditions contained herein except Developer may not, during such five-year period, increase the Two Hundred -Fifty Dollar ($250.00) limitation on the Assessments which may be levied monthly by the Developer against any lot pursuant to Section 27(a). Any such amendment shall be evidenced by the recording of a written amendment