Morrisville UDO Administrative Manual - July 2016

Part 4 Appendices 4.8 Final Plat Standard Easement Blocks

4.8. FINAL PLAT STANDARD EASEMENT BLOCKS

Conservation Easement

CONSERVATION EASEMENT

This easement prohibits any clearing or grading other than selective thinning and ordinary maintenance of existing vegetation.

Entry Monument/Signage and Landscape Easement

ENTRY MONUMENT/SIGNAGE AND LANDSCAPE EASEMENT

All elements within this easement will be maintained by the association (homeowners’, property owner’s, or similar entity, etc.). This easement grants the association a right of entry for the purpose of installing and maintaining any and all structures related to the exercise of the easement. This easement prohibits, within the boundaries of the easement, any construction which will obstruct or interfere with the natural flow of the watercourse. This easement prohibits the owner from placing any permanent structures within the boundaries of the easement, but the property owner shall have the right to make any other use of the land not inconsistent with the rights of the association, or the other uses as noted on the plat. Any such obstructions will be removed as necessary for maintenance and access purposes and will not be repaired or replaced.

Private Access Easement

PRIVATE ACCESS EASEMENT

All private access easements will be maintained by the association (homeowners’, property owner’s, or similar entity, etc.) and public access is granted.

Private Open Space

PRIVATE OPEN SPACE

All remaining land outside of single family lots and public right of way dedication shall be designated by deed as common open space for the use of the homeowners association and/or other entity (i.e. — conservation easement) as may be determined by the owner.

Private Retaining Wall Easement

PRIVATE RETAINING WALL EASEMENT

Where Private Retaining Wall easements serving more than one property extend into private property, the Homeowner’s Association (“HOA” or legal entity responsible for maintenance and repair of the wall) shall have the right to enter upon the easement for purposes of inspecting, repairing, or replacing the structure and appurtenances. Neither the Town of Morrisville nor the individual lot property owner shall be responsible for the maintenance, repair or replacement of the retaining wall. The continued use of the surface of said real property by the individual property owner shall be subject to the condition that the erecting of buildings, walls, fences, and other structures, the planting or growing of trees or shrubs, the changing of the surface grade, the installation of privately-owned pipelines, or installation of permanent equipment shall be prohibited unless written permission is first obtained from the HOA. It is the HOA’s responsibility to confirm with an appropriately licensed design professional that any proposed improvement within the easement will not compromise the structural integrity of the retaining wall.

Public Access Easement

PUBLIC ACCESS EASEMENT

All public access easements will be maintained by the Town of Morrisville and public access is granted.

July 1, 2016 Page 4-92

Morrisville, NC

Administrative Manual