RecD07 2007-087633 - Laserfiche WebLink

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(Page 6. of 20) designated. P. S.D. E" and the Driveway and Open Space Areas as the servienttenement in favor of each Lot as the dominant tenement. The easements set forth herein shall be effective automatically on the date Declarant first transfers tiUe to the fee (perpetual) estate in a Lot The easements are appurtenant to the dominant tenement; and any conveyance of the dominant tenement, whether voluntary or involuntary, automatically conveys the easement appurtenant thereto regardless of whether the instrument of conveyance describes the easement. The easements shall be In perpetuity unless otherwise terminated by operation of law. 2.2 Public Service Easement. A public service easement conferring access over the Development to the City, other authorized governmental agencies, utilities and purveyors of other public services. and their officers, employees, agents or representatives, shall exist and shall not be obstructed by any OWner or by any other person or entity acting on their behalf. 2.3 Emeraencv Access Easement. An emergency access easement conferring access over the Development to the City, other authorized governmental agencies, utilities, employees, agents or representatives and purveyors of other public services, and their officers, shall exist and shall not be obstructed by any Owner Of by any other person or entity acting on their behalf. 2.4 Restrictions and Rules. Except as described in Section 2.5, the Driveway shall be kept free and clear for ingress and egress at all times (including ingress and egress by emergency vehicles); and no Lot OWner, occupant, guest or agent shall park any vehicle or other equipment within the Driveway at anytime for any purpose. Subject to the foregoing, a Majority of the Lot Owners from time to time may adopt rules regulating the use of the Driveway, including but not limited rules regulating speed. The rules shall be applied in a uniform and nondiscriminatory manner. Any vehicle parked within the Driveway (other than a guest parking space) may be towed at the vehicle owner's expense. Any Lot Owner may authorize the towing. Prior to the towing of a vehicle, a written warning notice shall be placed on the vehicle thatthe vehicle shall be towed within 24 hours, provided that no notice shall be required if the vehicle blocks access to any Lot, ingress or egress by emergency vehicles, or otherwise constitutes a safety hazard, in which case the vehicle may be towed immediately. Under no circumstances shall the Lot owner be liable in any manner forthe towing of a vehicle as long as the Lot Owner acted in good faith based on a reasonable belief that the vehicle was wrongfully parked within the Driveway. The Open Space Area may be used by occupants of the Lots and their guests between the hours of 10:00 a. m. and sunset each day for passive recreational purposes only. No music playing, active sports activity or other similar activities may be conducted in the Open Space Area and no barbecues and other food preparation equipment may be used in the Open Space Area without the prior consent of the majority of the Lot OWner and consent of the OWners of Lots 4 and 5. 2.5 Guest Parkina Spaces. The Driveway contains two parking spaces which are reserved exclusively for guests and shall be maintained as guest parking spaces in perpetuity. No occupant of any Lot may park in a guest parking space. No guest may park a vehicle in any guest parking space for more than 24 hours. Any vehicle parked in a guest parking space by an Owner or parked by a guest in excess of 24 hours may be towed immediately at the vehicle owner's expense. Any Lot Owner may authorize the towing. Under no circumstances shall the Lot Owner be liable in any manner for the towing as long as the Lot OWner acts in good faith based on a reasonable belief that the vehicle was parked by a Lot occupant or by a guest for a period in excess of 24 hours. 2.6 Garaaes. No resident may park anywhere within the Development except in the resident's garage. No garage may be converted into any use that would prevent the parking of the number of vehicles the garage was designed to contain. All garages shall be equipped at all times with automatic garage door openers. 2.7 Liohtino and Irrioation. Each Lot Owner, at that Owner's cost, shall be responsible for the operation, maintenance and repair of the lighting fixtures on the Owner's Lot that illuminate the Driveway and the operation, maintenance and repair of the water system on the Owner's Lot that irrigates any landscaping adjacent to the Driveway. F:\LJW-DA T A\WPDocs\YamtOakw\YamtOakw.goeV7.wpd 3 May 17, 2007