Who Maintains the Public Utility, Equestrian & Pedestrian Easement within The Fairways?

The 20' wide Public Utility, Equestrian & Pedestrian (PUEP) Easement begins on Zolezzi Lane and extends southward through Fieldcreek Ranch subdivision 1B, behind the homes on the east side of Silver Wolf Road. It crosses La Guardia Lane and then Whites Creek before entering The Fairways at Fieldcreek Ranch (Fieldcreek Ranch subdivision 12A), where it traverses The Fairways' Common Area detention pond. Proceeding southward up the hill, the PUEP Easement runs parallel to and contiguous with the eastern edge of a 15' wide Drainage Easement which contains a rock (riprap) lined open channel V-ditch terminating into The Fairways' detention pond. The southern terminus of the easements within The Fairways abut Washoe County land (APN 142-020-06; 0 Arrowcreek Parkway), which is contiguous to the southeast with a trail in the Mountaingate common area (APN 142-350-26; 0 Tremolite Drive).

The Public Utility portion of the easement contains an underground water line and also permits access to the above-ground power lines which straddle the property lines between the two Fieldcreek Ranch subdivisions and the Whites Creek Estates/Mountaingate developments.

The PUEP Easement and Drainage Easement are designated on Subdivision Tract Map 3876B. On the subdivision tract map (plat), Note 11 specifies that "No fences shall be allowed within or across any emergency access, pedestrian, bicycle or equestrian easements". Unlike the common area, private roadways and drainage facilities, whose maintenance is assigned to the association (Notes 14, 19 and 20, respectively), there is no such assignment to the association for the PUEP Easement and thus the association is prohibited from using common funds to maintain it. The land upon which the PUEP Easement is located belongs to the respective property owners along its course, who are individually responsible for its maintenance. Please remember to ask for permission to cross another owner's property (including vacant land) if you or your vendor wish to access the easement, particularly with heavy equipment, from a route other than through your own property. Like all other properties in The Fairways, this land is subject to the Architectural Committee Weed Abatement Policy. Please be aware that due to the prevailing winds, tumbleweeds from this area will typically travel downhill into other owners' properties and may constitute a nuisance. The affected properties in The Fairways are:

• 12740 Silver Wolf Road

• 12760 Silver Wolf Road

• 12770 Silver Wolf Road

• 900 Zolezzi Lane (TMWA STMGID 2 Well)

• 12790 Silver Wolf Road

• 12810 Silver Wolf Road

• 12830 Silver Wolf Road

• 12840 Silver Wolf Road

• 12850 Silver Wolf Road

• 12860 Silver Wolf Road

• 12870 Silver Wolf Road

• 12880 Silver Wolf Road
  

Despite references in The Fairways' meeting minutes from 2003 Q4 through 2004 Q2 to the Washoe County Parks Department having some degree of maintenance responsibility for the PUEP Easement, Washoe County has denied having any maintenance responsibility in several discussions with the association occurring in 2021 and 2025. NV Energy has also denied having any maintenance responsibility for the PUEP Easement.