|
2.4 General Easement Rights. Each easement described in Section 2.3 shall be subject to, and
<br />construed in accordance with, the following provisions, except as otherwise expressly provided for elsewhere
<br />in this Declaration: (i) the easement shall be appurtenant to the dominant and servient tenements and any
<br />transfer of a dominant or servient tenement automatically transfers the easement appurtenant thereto
<br />regardless of whether the easement is described in the instrument of transfer; (ii) the easement is in
<br />perpetuity unless otherwise terminated by operation of law; (iii) no easement may be modified or relocated
<br />except with the written consent of the Owners of the dominant and servient tenements; (iv) except as
<br />otherwise provided in Article 4, the Owner of the dominant tenement shall maintain the Improvements within
<br />any easement that exclusively benefits the dominant tenement; (v) the Owner of the dominant tenement shall
<br />indemnify, defend and hold harmless the Owner of the servient tenement against any claims, liabilities,
<br />damages, judgments or expenses, including reasonable attorneys' fees (collectively, "Claim"), from any injury
<br />or death to any Person or damage to any property that occurs in connection with the use or maintenance of
<br />the easement as a result of any act or omission by the Owner or Occupant or their Permittee except to the
<br />extent the Claim is a covered claim under insurance maintained by the Association (any deductibles or costs
<br />in excess of available coverage amounts shall be paid by the Owner); (vi) all easement uses shall complywith
<br />the covenants, rights, duties and restrictions set forth in this Declaration, with all Applicable Laws and with
<br />any Rules adopted by the Board under the provisions of Section 5.6.2; (vii) each easement granted
<br />hereunder exists by virtue of this Declaration, without the necessity of confirmation by any other documents;
<br />(viii) the easements are nonexclusive unless expressly provided otherwise; (ix) no easement provided or
<br />reserved under this Declaration shall restrict the Owner of the servient tenement from granting other
<br />easements or interests therein as long as the other easement or interest does not unreasonably interfere with
<br />the easement rights of the dominant tenement; (x) easement access and use rights are subject to the rights
<br />reserved in Section 2.5 and the rights of Declarant as described in Section 12.10; and (xi) if the dominant
<br />and servient tenements are owned by the same Owner, the easement shall be effective automatically on the
<br />date the dominant and servient tenements no longer are owned by the same Owner regardless of whether the
<br />instrument of transfer separating the ownership describes the easement.
<br />2.5 Reservation of Rights. Notwithstanding any property rights, including easements, granted or
<br />reserved herein, each Lot and the Common Area, as the case may be, are subject to each of the following:
<br />(i) the right of Declarant or its agents to enter on any portion of the Development to
<br />construct the Improvements that Declarant intends to constructwithin the Development, to advertise and sell
<br />Lots in the Development, to make repairs, and to correct any construction problems thereon, provided that
<br />such entry does not unreasonably interfere with the use or occupancy of any occupied Lot unless authorized
<br />by its Owner, which authorization shall not be unreasonably withheld, conditioned or delayed;
<br />(ii) the right of the Association's agents to enter any Lot to cure any violation or breach of
<br />this Declaration or the Bylaws or the Rules, provided that at least thirty (30) days' prior written notice of such
<br />violation or breach (except in the cases of emergency) has been given to the Owner and provided that within
<br />the thirty (30) day period such Owner has not acted to cure such violation or breach;
<br />(iii) the right of the Association's agents to enter any Lot to perform its obligations and
<br />duties under this Declaration, including the obligations and the duties with respect to maintenance of any
<br />Improvement or landscaping located on the Lot;
<br />(iv) the rights reserved in Sections 2.6, 2.8 and 12.10; and
<br />(v) the right of the Association to adopt and enforce Rules as described in Section 5.6.
<br />2.6 Authority Over Common Area. The Board or Declarant (as long as Declarant owns twenty—
<br />five percent (25%) or more of the Lots in the Development) shall have the power and the right in the name of
<br />the Association and all of the Owners as their attorney-in-fact, to grant, convey or otherwise transfer to any
<br />Owner or any other Person fee title, easements, leasehold estates, exclusive use easements or rights,
<br />licenses, lot -line adjustments, rights-of-way and/or dedications in, on, over or under the Common Area
<br />(except exclusive use Common Area), in order to: (i) construct, erect, operate, maintain or replace lines,
<br />cables, wires, conduits or other devices for electricity, cable television, internet services, fiber optics, and
<br />EDNB\53295\996553.3 4 August 18, 2016
<br />
|