NY Env Conserv L § 15-1977 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 19 - Drainage 15-1977 - Articles of Association; Recording and Filing.

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