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6.1. F. - Page 17
<br /> receiving, t�lephone equip�nent, cables and lines, exha€�st flues, ai�d heating and air conditioning
<br /> facilities (he�•ei��after referred to, coliectiv�ly, as "Utility I'acilities"} shall be as follaws:
<br /> A, Whenevet Utility Facilities are installed within the Property, which Utility
<br /> I'acilities or a�y portian tl�ereof �ie in or upot� Lots owned by other than the Ownei• of a Lot
<br /> served by said utility facilities, the Owners of any Lat served by said Utility Facilities shall have
<br /> ti�e right, and are hereby granted an easement to the f�tll exte�t ��ecessary therefor, to ent�r upon
<br /> the Lot or ta have th� utility coinpanies enter upon the Lots in o�• �pon whicla said Utflity
<br /> �'acilities, or ar�y poi thereof, lie, to repai�•, z�eplace, and generally maintain saicE Utility
<br /> I'acilities as and whe�l necessaiy.
<br /> B. Whenevet• Utiiity Facilities are installed within the 1'rapei•ty which Utility
<br /> Facilities ser�e more than one (1) Lot, the Owner of each Lot served by said Utility Facilities
<br /> shall be entitled to th� full use and enjoyjnent of such poz�tions of said Utility Faciliti�s as service
<br /> l�is Lot.
<br /> C. In the event of a dispu#e betr�veen Owners with respect to the repair or
<br /> rebuildiy�g of said Utiility Facilities, o�� with respect to the sha�•ing of th� cost thereof, then, upon
<br /> written rec�uest of one (I} of such Owners, the matte�• shall be sub�nitted to arbitration pursuant to
<br /> the rules o� t�e Ainerican At•bittation Association and Section 6.13 0� this Declaration, and the
<br /> decision of the arbitrator(s) shall be �r�al and concIusive on tl�e parties.
<br /> D. The water, gas, and electticity to each Lot shall be under separate ineter,
<br /> and each Owne� shall be responsi6le for paying his or her own utility bills. Each Owner shall be
<br /> respor�sible for t11e cost of re�noval of his gatba�e fi�om the Project by the sca�enger company.
<br /> 4.2 Easements fox Utilities and Maintenance: Easements over and undei• the Property
<br /> for �he installation, repair, and inaintenance of electric, telephone, othe�• communications, �trvater,
<br /> gas, and sanita�y sewer lines and facilities, heating faciIities, cable or master television antenna
<br /> lines, drainage facilities, walkways, and landscaping as shown on the recorded Map of the
<br /> Pt•operty, and as may be hereaft�t• required or needed to service the Pt�operty, are he�•eby reserv�d
<br /> by Declaraj�t and its successors a�d assigns, together with the right to grant and transfer the
<br /> same. The easements described in the foregoing sentence and shown on the recorded Map are
<br /> also hereby granted to tk�e City. The City is also hereby gE•anted an easement for aecess ove�• and -
<br /> across the Comtnon Area incl�ding but not limited to the private roadway and the private
<br /> park/greenbelt area located on the Common Area parcel as may be �eeded faa• emergei�cy access,
<br /> the provision of municipai sexvices ar�d fa�• the exercise and enforcement of the City's rights
<br /> under this Declaration. Reciprocal easetnents exist for the i�stallation, repair, maintenance, and
<br /> replacement af �eters for water, gas, and elect�•icity, so each Owner shall have access to the
<br /> meter(s) for his Lot, �•egardless of where located.
<br /> ARTICLE V
<br /> USE RESTRJCTIONS
<br /> In �ddition to aIl of the covenants contained herein, the us� of the Property and each Lot
<br /> thez�ein is subject ta tl�e following:
<br /> i
<br /> ATTY/AGR/2011.133 DECLARATION OF CGIts-KENTFIEI,D
<br /> ItEV:12f011 l l
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