Easements for Drainage Purposes

S A M P L E

EASEMENTS FOR DRAINAGE PURPOSES

KNOW ALL MEN BY THESE PRESENT THAT ______, the Grantor(s) for and in consideration of the sum of One Dollar ($1.00) and other good and valuable considerations to (him/her/them) by the Board of County Commissioners of Delaware County, Ohio, Grantee, whose address is 101 North Sandusky Street, Delaware, Ohio, the receipt whereof is hereby acknowledged, do (does) hereby grant, bargain, sell, convey and release to said Grantee, its successors and assigns, forever, a perpetual drainage easement for the constructing, operating and/or maintaining of storm water drainage swales and/or other storm water drainage facilities, over the easement area described in Exhibit A attached hereto together with ingress and egress thereto.

Within those areas of land designated “Drainage Easement”, an additional easement is hereby reserved for the purpose of constructing, operating, and maintaining major storm water drainage swales and/or other above ground storm water drainage facilities. No above grade structures, dams, or other obstructions to the flow of storm water runoff are permitted within Drainage Easement areas as delineated in the Exhibit.

For any easement shown on this plat that contains a storm sewer, culvert, over land open ditch flood route, detention basin, retention basin and/or other storm water structure (herein referred to as storm sewer), the storm sewer rights are senior to the rights of any other public or private utility or interest utilizing the easement, except for overlap areas with a “Sanitary Easement”. Any costs associated with the damage, repair, replacement or relocation of any buried or above ground facility or structure that is necessary to allow the maintenance, repair or replacement of the storm sewer shall be the responsibility of the owner of said utility, facility or structure. When maintenance, repair or replacement of a storm sewer causes the removal of any trees, plantings, landscaping, fence, driveway or any other feature located within the easement, the replacement and cost of said items shall be the responsibility of the owner of the underlying property or homeowner’s association if applicable.

Any landscape features, such as trees, fences, retaining walls, etc. in drainage easements shall be reviewed by the Delaware Soil and Water Conservation District (DSWCD) and the Delaware County Engineer’s Office (DCEO) prior to installation. The DSWCD and DCEO will review the proposed improvements to assure that the improvements will not interfere with the storm water control facilities.

No buildings, sheds, decks, pools, or other such structures, or the footers or foundations of any structures or features shall be constructed above or belowground within the limits of any drainage easements unless said structure is approved in writing by the Delaware County Engineer’s Office.

TO HAVE AND TO HOLD said easements and right-of-way unto the Grantee, its successors and assigns forever.

And the said Grantor(s) for (himself/herself/themselves) and (his/her/their) successors and assigns, hereby covenant(s) with said Grantee, its successors and assigns, that (he/she/they) (is/are) true and lawful owner(s) of said premises as recorded in (Deed Book ______, Pages ______) and (is/are) lawfully seized of the same in fee simple, and (has/have) good right and full power to grant, bargain, sell, convey and release the same in the manner aforesaid, and that the same are free and clear from all liens and encumbrances whatsoever and that (he/she/they) will warrant and defend the same against all claims of all persons whomsoever. Such easements are granted in perpetuity.

The Grantor(s) (has/have) executed this instrument on this ______day of ______, 20___.

By: (owner[s])

STATE OF OHIO

COUNTY OF DELAWARE ss:

Before me, a Notary Public, in and for said County and State, personally appeared the above named ______who acknowledged that (he/she/they) did sign the foregoing instrument and that the same is (his/her/their) free act and deed.

IN TESTIMONY WHEREOF, I have hereunto set my hand and official seal this ______day of ______, 20____.

______

Notary Public

This instrument prepared by:

______(Name)

______(Company)

______(Address)