§ 15-1977 — Articles of association; recording and filing

New York § 15-1977

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 19: Drainage
• Art. 15: Water Resources

Text

§ 15-1977. Articles of association; recording and filing.\n 1. The articles of association shall be signed by all owners as listed\ntherein and shall be acknowledged in the form now or hereafter required\nfor the recording of a deed of real property. If there be more than one\nowner of a separate parcel of drainable acreage, the articles of\nassociation shall be signed and acknowledged by each owner thereof. The\narticles of association shall set forth:\n a. The name and address of each owner.\n b. The name of the proposed association, such as\nthe.................Drainage Section Association.\n c. The designation of two of the owners to act as temporary president\nand temporary secretary until the first annual meeting of the\nassociation.\n d. The location and amount of drainable acreage as determined and\nowned by each owner and a brief description of the parcel or parcels if\nthere be more than one, of drainable acreage owned by each.\n e. The facts showing the necessity for the proposed drainage.\n f. A description of the proposed drainage works which as far as\npracticable may include bearings and distances locating the proposed\nalignment of drains, profiles, proposed new drains and a typical\nsection.\n g. The names and addresses, so far as can be ascertained, of persons\nwho are not parties to the articles of association regarding whose lands\nit will be necessary to obtain a right, pursuant to section 15-1983, to\nconstruct, maintain and keep in repair drainage works in order to\neffectuate the drainage proposed by the articles of association.\n h. A map, attached to the articles of association, which generally\nshall show the drainable acreage of each owner and the lands of others\non which it will be necessary to construct, maintain and keep in repair\nsuch drainage works referred to in paragraph g of this subdivision. The\nmap shall show generally also the type and location of the proposed\ndrainage works.\n i. A mutual agreement by the owners to proceed with the project, to\nconstruct it, to maintain it and keep it clean and in repair; to pay all\ncosts and expenses, including legal, engineering, filing and recording\nfees, all debts of the association and any damages which may be assessed\nfor the acquisition of a right or easement to construct or maintain\ndrainage works upon the lands of a person not a party to the articles of\nassociation. Such costs, expenses, fees, debts and damages shall be\nassessed against each owner in the proportion the drainable acreage\nowned by him bears to the aggregate drained acreage, or in some other\nproportion mutually agreed upon and specified in the articles of\nassociation. The agreement shall further provide that if any such\napportionment is not paid within the time prescribed by the by-laws, the\nassociation may institute an action in its own name to recover the same.\n j. The articles of association shall provide that they, and the\nagreement set forth therein, shall be binding upon the heirs, devisees,\nassignees and grantees of each owner and shall constitute covenants\nrunning with the land of each.\n 2. The articles of association shall be filed and recorded in the\noffice of the county clerk of the county or counties in which the\ndrainage section is located, with a notice appended thereto to the\ncounty clerk or clerks to enter the same in the index of grantors of\nreal property under the names of all signers of the articles of\nassociation and the name of the association. The names of all such\nsigners shall be alphabetically and legibly listed in such notice. A\ncertified copy of the articles of association, as so filed and recorded,\nforthwith shall be filed in the office of the department.\n