20.70.080 EA-01 – Easement standards

20.70.080 EA-01 – Easement standards.

This easement standards (EA) section applies to the following types of development:
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1. Drainage and Utility Easements. All proposed developments submitted for Plan Commission approval under the provisions of this chapter shall allocate areas of suitable size and location, wherever necessary, for drainage and/or utility easements. All easements and corresponding utility location plans shall be complete and approved prior to the final approval of any plat.

2. Surface and Subsurface Drainage. All development-serving drainage “infrastructure” including surface (e.g., drainage swales and creeks) and subsurface drainage (e.g., tile) shall be located in a drainage easement. The easement shall follow the centerline of the drainage facility. The width for a drainage facility that is or will be a regulated drain shall be determined by the Jasper County Drainage Board. All other drainage facilities shall have a minimum easement width of twenty (20) feet (ten (10) feet per side from the centerline) or minimum of two (2) feet beyond the top of bank, whichever results in a larger easement. The easement shall allow access by an owners association, County Surveyor, and County Drainage Board for the purpose of widening, deepening, sloping, improving, maintaining, replacing tile, or protecting said drainage swale or subsurface tile.

1. Easement Instrument Specifications. Where an easement is required by this Unified Development Code but the standards for the easement type are not specified, or an easement is required per a commitment or condition of approval, the property owner of record (“grantor”) shall execute the easement instrument in favor of the appropriate grantee. Said instrument shall:

a. Specify the docket numbers of the petitions with which the easement is associated.

b. Specify those activities the grantee is authorized to perform in the easement.

c. Specify those activities the grantor is prohibited from performing in the easement.

d. Be binding on all heirs, successors, and assigns to the property on which the easement is located.

e. Be enforceable by the grantee and the County.

f. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.

g. Provide for modification in the manner stipulated in the Unified Development Code.

h. Be cross-referenced to the most recently recorded deed to the property on which the easement is to be established.

i. Include a plat with a description of the easement. If a plat is not available, a metes and bounds survey should be submitted.

j. Be signed by an authorized representative of the property owner of record granting the easement and by an authorized representative of the grantee accepting the easement.

a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing an easement certificate, the content of which has been approved by the Zoning Administrator, on the plan.

b. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.

1. Easement Instrument Specifications. When required by this Unified Development Code, each property owner of record (“grantor”) shall execute a cross-access easement instrument in favor of the adjoining property owner (“grantee”). Said instrument shall:

a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.

b. Grant the public the right to utilize the easement for purposes of accessing adjoining parking lots.

c. Prohibit any person from parking vehicles within the easement.

d. Prohibit the property owners or any other person from placing any obstruction within the easement.

e. Be binding on all heirs, successors, and assigns to the properties on which the easement is located.

f. Be enforceable by each party to the easement and by the County.

g. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.

h. Provide for modification or termination in the manner stipulated in the Unified Development Code.

i. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.

j. Include a metes and bounds description of the easement.

k. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.

a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following cross-access easement certificate on the plan:

There are shown on this instrument areas that are designated as ‘Cross-access Easement’ or abbreviated as ‘C-A.E.’ Such easements are hereby established in favor of the adjoining property owner (‘grantee’), and grant the public the right to enter the easement for purposes of accessing adjoining parking lots. These easements prohibit any person from parking vehicles within the easement, and prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.

b. The dedication and acceptance of easements shown on a recordable instrument shall be accomplished via a certificate of dedication signed by the property owner of record, and a certificate of acceptance signed by the grantee or its agent.

c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the cross-access easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.

1. Easement Instrument Specifications. When required by this Unified Development Code, the property owner of record (“grantor”) shall execute a private street easement instrument in favor of the owner of the lot (“grantee”) to which the private street provides access. Said instrument shall:

a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the easement is associated.

b. Grant the grantee the right to access the easement for purposes of accessing their lot.

c. Specify the grantee’s financial responsibilities with respect to the alteration, repair, maintenance, and removal of the improvements.

d. Prohibit the grantee or any other person from placing any obstruction within the easement.

e. Require that the private street be built to the standards of the County.

f. Be binding on all heirs, successors, and assigns to the property on which the easement is located.

g. Be enforceable by the grantee and the County.

h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the easement.

i. Provide for modification or termination in the manner stipulated in the Unified Development Code.

j. Be cross-referenced to the most recently recorded deeds to the properties on which the easement is to be established.

k. Include a metes and bounds description of the easement.

l. Be signed by a duly authorized representative of each property owner of record granting the easement and by duly authorized representatives of each property owner accepting the easement.

a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following private street easement certificate on the plan:

There are shown on this instrument areas that are designated as ‘Private Street Easement’ or abbreviated as ‘P.S.E.’ Such easements are hereby established in favor of the adjoining property owners (‘grantee’), and grant the grantee the right to enter the easement for purposes of accessing their lot. These easements prohibit the property owners or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.

c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the private street easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants.

1. Easement Instrument Specifications. When a temporary turn-around is required by this Unified Development Code, the property owner of record (“grantor”) shall execute a temporary turn-around easement instrument in favor of the general public through the County Commissioners (“grantee”). Said instrument shall:

a. Specify the docket numbers of the petitions and/or the project numbers of the permits with which the temporary turn-around easement is associated;

b. Grant the general public the right to access the easement for purposes of maneuvering vehicles;

c. Grant the County the right to alter, repair, maintain, or remove the improvements;

d. Prohibit any person from parking vehicles within the easement;

e. Prohibit the property owner or any other person from placing any obstruction within the easement;

f. Be binding on all heirs, successors, and assigns to the property on which the temporary turn-around easement is located;

g. Be enforceable by the County Commissioners, the Plan Commission, the Planning Department, and the County Attorney;

h. Specify any other specially affected persons and classes of specially affected persons that are entitled to enforce the temporary turn-around easement;

i. Provide for modification or termination in the manner stipulated in the Unified Development Code;

j. Provide for automatic termination upon the County’s acceptance of the reciprocal stub street;

k. Be cross-referenced to the most recently recorded deed to the property on which the temporary turn-around easement is to be established.

l. Include a metes and bounds description of the temporary turn-around easement.

m. Be signed by a duly authorized representative of the property owner of record granting the temporary turn-around easement and by duly authorized representatives of the County Commissioners accepting the easement.

a. When a plan (e.g., secondary plat, development plan) is being recorded, the petitioner may forgo a separate easement instrument in favor of printing the following temporary turn-around easement certificate on the plan:

There are shown on this instrument areas that are designated as ‘Temporary Turnaround Easement’ or abbreviated as ‘T.T.E.’ Such easements are hereby established in favor of the general public (‘grantee’), and grant the grantee the right to enter the easement for purposes of maneuvering vehicles. The easement also grants the County the right to alter, repair, maintain, or remove the improvements. The easement prohibits any person from parking vehicles within the easement and prohibits the property owner or any other person from placing any obstruction within the easement. These easements are binding on all heirs, successors, and assigns to the property on which they are located. The grantee or the County may enforce the provisions of the easement. [______] is also entitled to enforce the provisions of the easement. The easement shall only be modified or vacated in the manner stipulated in the Unified Development Code, or its successor ordinance.

c. Declaration of Covenants. If the declaration of covenants is included on the plan (e.g., secondary plat, development plan), the subdivision sign easement certificate shall not be incorporated into the declaration of covenants, and shall be clearly separate from the declaration of covenants. [Ord. 12-27-11 § 7.08.]