Who Maintains the Drainage Easements within The Fairways?

There are multiple Drainage Easements in The Fairways. These include:

Silver Wolf Road East: This 15' wide easement runs along the rear edge of the properties on the east side of lower Silver Wolf Road which abut the Whites Creek Estates (12760-12830) and Mountaingate (12840-12880) developments. It contains a rock (riprap) lined open channel V-ditch terminating into The Fairways' detention pond.

Silver Wolf Road West: This 15' wide easement runs along the rear edge of the properties on the west side of lower Silver Wolf Road which abut Wolf Run Golf Course (12745-12875). It contains a rock (riprap) lined open channel V-ditch terminating into Whites Creek. Springer Court East: This 15' wide easement extends along the rear edge of 1265 Springer Court and along the northeast side and rear edges of 1275 Springer Court.  It contains a rock (riprap) lined open channel V-ditch which is contiguous with 10' undeveloped drainage easements that extend to the south to Arrowcreek Parkway and to the east to Steamboat Ditch.

Springer Court West: This 15' wide easement has the shape of an inverted-U and runs between properties on the west side of Springer Court (1210-1260) and the south side of upper Silver Wolf Road (12990-13010).  It contains a rock (riprap) lined open channel V-ditch; both limbs extend to the west edge of Springer Court.

The Drainage Easements are designated on Subdivision Tract Map 3876A (middle), Subdivision Tract Map 3876B (north) and Subdivision Tract Map 3952A (south). On the subdivision tract maps (plats), there are notes which impose conditions upon these easements:

• Map 3876, Note 1: "No owner or tenant shall obstruct a drainage easement or channel within the tract."

• Map 3876, Note 20: "All drainage facilities are to be private and maintained by the homeowners association."
  

• Map 3952, Note 1: "No owner or tenant shall obstruct a drainage easement or channel within the tract."

• Map 3952, Note 7: "All drainage facilities are to be private and maintained by the homeowners association."

The land upon which the Drainage Easements are located belongs to the respective property owners along its course, who are individually responsible for its general maintenance, but the maintenance of the drainage ditch infrastructure is assumed by the association. The association has allocated funds and is in the process of reconstructing drainage ditch segments, as resources permit, by removing accumulated sediment from normal ditch operation and repairing areas of erosion to ensure proper flow of stormwater. The association also contracts with a landscaper to perform regular maintenance such as picking up trash and tumbleweeds, spraying new growth weeds, and applying pre-emergent in the spring. The association's landscaper does not clean up leaves, pine needles or pinecones from trees which individual property owners have planted along the ditches or any dirt/gravel/groundcover that has washed off their property into the ditch. If you have trees or bushes that drop leaves into the ditch or unstable groundcover, the association requires that you or your landscaper clean up any mess that your landscaping has created.