My situation is a custom lot subdivision with no lot grading. One lot has a natural swale running through it and the county wants an MDE to assure the drainage flow will not ever be blocked. The problem is the swale runs down the middle of the lot. The MDE would make the lot un-buildable. Is there an alternative to encumbering the lot this way but still assure the drainage will always have a path somewhere through the lot?
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Meandering Drainage Easement (MDE)
- Thread starter PELS
- Start date
Don't know what State you are in but in my State (Oregon)it would be illegal to block a natural drainage course.
Some alternatives would include:
1. relocate the "swale" and write an easement description along the "new" alignment.
2. Ask the County for an example of where they have required this MDE before. Maybe there's some smart lawyer who has written such a thing.
3. Use a "blanket" easement covering the whole lot. I have used such easements before but they were not for drainage.
4. To whom is the easement to be written? Is it to the County ? For what purpose ? Will the County maintain the swale ?
5. AND LAST, call your Lawyer.
good luck
Some alternatives would include:
1. relocate the "swale" and write an easement description along the "new" alignment.
2. Ask the County for an example of where they have required this MDE before. Maybe there's some smart lawyer who has written such a thing.
3. Use a "blanket" easement covering the whole lot. I have used such easements before but they were not for drainage.
4. To whom is the easement to be written? Is it to the County ? For what purpose ? Will the County maintain the swale ?
5. AND LAST, call your Lawyer.
good luck
ACtrafficengr
Civil/Environmental
Is it too late to re-plat the subdividion so the MDE is at the edge of a lot?
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"...students of traffic are beginning to realize the false economy of mechanically controlled traffic, and hand work by trained officers will again prevail." - Wm. Phelps Eno, ca. 1928
"I'm searching for the questions, so my answers will make sense." - Stephen Brust
I have seen meandering alignments for drainage easements before, but they were shown on the plat.
re-aligning the drainage seems to be the only option, unless you can either re-plat the entire subdivision or build the house on stilts. This should have been considered at the pre-plat stage... Note that even with an easement, the City can not normally do maintenance (easily) in a drainage easement. Most Cities require a drainage "tract" to allow unrestricted access for maintenance.
re-aligning the drainage seems to be the only option, unless you can either re-plat the entire subdivision or build the house on stilts. This should have been considered at the pre-plat stage... Note that even with an easement, the City can not normally do maintenance (easily) in a drainage easement. Most Cities require a drainage "tract" to allow unrestricted access for maintenance.
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