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repair, and maintenance of sanita~ sewer, drainage, water, <br />electricity, heating, air-conditioning, gas, telephone, cmhle <br />television lines, connections and/or facilities, are hereby <br />reserved by Declarant and ~ts successors end assigns, including the <br />Association. Following the sale of the first Lot, the Declarant <br />and its successors and assigns shall onl~ have those powers which <br />result from its voting rights. <br /> <br />SectioD 3 Easements as ShQwn on the ~p: The easements, if any, <br />show.~ on the Map of .Marie La Rocca Estats Subdivision, including <br />but not limited to, ~he easements for park .ng, ingress, egress, and <br />emergency access, public service ea:tements, private storm <br />drain(age) easement, and the private san:.tary sewer easement are <br />recognized and affirmed. % <br /> <br />Section 4 Ingress and E~=ess: There is.hereby reserved to each <br />Lot, as dominant tenement, ~ non-exclusive easement appurtenant to <br />each Lot over and across t~? C~on Area, ~ s servient tenement, for <br />ingress, egress, use and enjoyment of said Common Area subject to <br />the limitations provided im this Declarat~.on. <br /> <br />Section 5 Encroachment Easements: Each L~ t within the Project is <br />hereby declared to have an eas~nent over al~ adjoining Lots and the <br />c~n area for the purpose of acco~,,,~o~atin] any minor encroachment <br />due to engineering errors, errors in original construction, <br />settlement or shifting of the building. There shall be valid <br />easements for the maintenance of said encroachments as long as they <br />shall exist, and the rights and obligation~ of owners shall not be <br />altered in any way by said encroachment, ~ettlement or shifting; <br />provided, however, that in no event shal[ a valid easement for <br />encroachment be created in favor of an o~ner or owners if said <br />encroachment occurred due to the wilful m ~sconduct of said owner <br />or owners. In the event a structure il partially or totally <br />destroyed, and then repaired or rebuilt, the owners of each Lot <br />agree that minor encroachments over adjoining lots or common area <br />shall be permitted and that there shall be ~lid easements for the <br />maintenance of said encroachments so long ~s they shall exist. <br /> <br /> 28 <br /> <br /> <br />