CHAPTER 5 - EASEMENTS
5.01 LOCATION OF EASEMENTS - Easements for installation and maintenance of utilities and drainage facilities and easements for sidewalks are reserved as shown on the recorded Wekiva plats and as specifically provided for in the individual Wekiva Declarations.
5.02 ENCROACHMENTS INTO EASEMENTS/GENERALLY - Within all easements no structures, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements or which may interfere with the construction or use of sidewalks or associated facilities.
5.03 ENCROACHMENTS INTO EASEMENTS/SPECIFICALLY -
A. FENCES, WALLS & OTHER IMPROVEMENTS – Fences, walls and any structure including utility sheds, concrete slabs or pads to be placed within any sidewalk or utility easement must be approved by the Architectural Control Committee (ACC) prior to any construction. Members must concede that it is with their complete acknowledgement and understanding that if any ACC granted easement is ever needed by the holder of the easement, such as a utility company (to include but not be limited to gas, electric, water, communications as well as for sidewalks or by both county or the Association), the member will be responsible for removal or replacement of structures or greenery at the member’s sole expense and there is no time cut off for this rule.
B. POOLS - No pool, pool deck, or pool enclosure shall be permitted within any easement located within Wekiva. The Architectural Control Committee shall deny any application which is filed for such construction.
5.04 VARIANCE - Any lot owner shall have the right to request the Board for a variance from the prohibitions provided for in Section 5.03 above. Any such variance shall be as provided for in Chapter 16 of this Code.
5.05 MAINTENANCE OF EASEMENT AREAS/GENERALLY - The easement areas of each lot and all improvements within them shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible or those common areas to be maintained by the Association.
5.06 MAINTENANCE OF EASEMENT AREAS/SPECIFICALLY -
A. FENCES & WALLS AND STRUCTURES - All fences, walls and structures located in easement areas must be maintained by the owner of the lot upon which they are located in the same fashion and to the same standard as is provided for in these Codified Rules.
B. BIKE PATH AND SIDEWALK EASEMENT AREAS - Except as provided for in subsection “C” below, Bike path and sidewalk easements which are located on individual lots must be maintained in the same fashion and to the same standard as is provided for in Chapter 3 of this Code.
C. SIDEWALK IN WEKIVA HILLS, SECTION NINE - Notwithstanding subsection “B” above, the Association will maintain, repair and replace that portion of the sidewalk located in Wekiva Hills, Section Nine, identified on the Sidewalk Easement attached hereto as Exhibit “A.” Notwithstanding this statement, no owners of lots on which such sidewalks are located may remove, alter or damage in any manner any such sidewalks and must maintain the said sidewalk against physical damage.