Rec Doc 2016-099081 CONF The Grove Declaration of Restrictions (CC&Rs)

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2.2 Property Rights. Each Owner owns a fee (perpetual) estate in a Residential Lot and is a Member of the Association. The Association owns the fee (perpetual) estate in the Common Area. 2.3 Easements. The Development is subject to the easements described in this Section 2.3 and the general easement rights in Section 2.4. 2.3.1 Common Area Easements. Declarant grants to the Owner of each Lot an easement in favor of the Owner's Lot as the dominant tenement over the Common Area as the servient tenement for: (i) ingress and egress over the walkways and drive aisles within the Common Area; (ii) support from any land or Improvements within the Common Area providing structural support to the dominant tenement; (iii) access to and use of (including the right to install or maintain) any utility lines, cables, wires, pipes, meters, or other equipment installed within, on or over the Common Area that provides utility service to the dominant tenement, including water, electricity, gas, telecommunications, storm drainage and sanitary sewer services and life safety system; and (iv) access to and use of the Common Area by Declarant and its contractors, subcontractors and other agents to construct, maintain and market the Lots. 2.3.2 Drainage Easement. Declarant grants to the Owner of each Lot and to the Association as the Owner of the Common Area an easement in favor of the Owner's Lot and the Common Area as the dominant tenement over each other Lot and the Common Area as the servient tenement for: (i) the retention or maintenance of any storm drainage system installed on the servient tenement as a part of the original construction of the Development; and (ii) the flow of surface and subsurface waters through and over any drainage system and/or drainage patterns established as a part of the original construction of the Development. 2.3.3 Utility Easement. Declarant grants to the Owner of each Lot an easement in favor of the Owner's Lot as the dominant tenement over each other Lot as the servient tenement that contains any utility equipment that serves the dominant tenement for the installation, maintenance and retention of any utility lines and equipment installed by Declarant within the servient tenement as a part of the original construction of the Development that provides utility service to the dominant tenement, including, but not limited to, electricity, gas and water. If the easement is not shown on the Map, the easement is limited to the area within which the utilities were originally installed or relocated with the prior written consent of the Owner of the servient tenement. 2.3.4 Maintenance Easement. Declarant grants to each Owner an easement in favor of the Owners Lot as the dominant tenement over each other Lot as the servient tenement for purposes of providing the agents of the Association such access as may be necessary to perform the Association's maintenance duties as described in Section 4.2. 2.3.5 Clustered Mailbox Easements. The Development has "clustered" mailboxes in which two or more mailboxes are located on one Lot or in the Common Area that serves two or more Lots. Declarant grants to each Owner an easement in favor of the Owner's Lot as the dominant tenement over any Lot and Common Area containing a clustered mailbox as the servient tenement for the installation, retention and/or maintenance of the clustered mailbox that serves the dominant tenement and for access to the servient tenement to deposit and retrieve mail. The easement is located in the area within the servient tenement where the clustered mailbox was originally installed by Declarant or as relocated with the prior written consent of the Owner of the servient tenement. The clustered mailboxes shall be maintained as described in Section 4.2.3. 2.3.6 Map Easements. Declarant grants to each Lot an easement in favor of the Owner's Lot as the dominant tenement over each other Lot and the Common Area as the servient tenements for the easements described on the Map that benefit the dominant tenement and burden the servient tenements, including private easements, if any, shown on the Map. The Lots and Common Area also are subject to and/or benefit from the applicable public easements shown on the Map, including public service easement ("P.S.E."), public access easement ("P.A.E.") and emergency access easement ("E.A.E."). EDNB\53295\996553.3 3 August 18, 2016