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6. 1. B. - Page 55 Project, then the easement holder who caused the damage shall, within a reasonable period of time, repair such damage. If Declarant has not conveyed the Telecommunications Easements in the Project to another Person before the last Close of Escrow in the Project, then Declarant grants the Telecommunications Easements to the Association effective as of the last Close of Escrow in the Project. 2.7. Drainage Easements: Declarant expressly reserves, for its benefit and the benefit of each Owner, nonexclusive easements on, over, across and through all of the Common Area, including Patios, for surface water drainage and for the construction, installation, inspection, maintenance, repair and replacement of drainage lines and improvements, and subdrain lines, access ports, and the like, wherever same may be located, in accordance with the provisions of this Declaration. Such easements over any Exclusive Use Common Areas shall be appurtenant to, binding upon, and shall pass with the title to, every Unit that is subject to said easements. Easements for installation and maintenance of utilities, sewer pipelines and facilities and drainage facilities over and across the Project, and all pipelines and otherfacilities located and to be located in said easements, are reserved where such facilities are installed and as may be shown on the recorded Maps of the Project. Within such easements, no structure, planting orother materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities orwhich may change the direction of the flow of drainage channels, or which may obstruct or retard the flow of water through drainage channels in the easements. Any Exclusive Use Easement area subject to such an easement and all improvements therein shall be maintained continuously by the Owner of the Unit, except for those improvements for which the Association, a public authority or a utility is responsible. Each Owner whose Exclusive Use Common Area Patio is served by a yard drain for surface water runoff and/or the drainage line that crosses any adjacent Unit's Exclusive Use Common Area is hereby granted a nonexclusive, perpetual easement, for the benefit of such Unit, on, over, under, along, through and across such adjacent Exclusive Use Common Area Patio for the purpose of the use of such drainage line. 2.8. Creek Trail Easement Area: Declarant has granted and reserved an easement to the City for public use and access over and across a portion of the Property described and defined as the "Maintenance Area" in the Landscape Maintenance Agreement and in Exhibit "B" attached thereto. Declarant reserves the right to and shall establish and limit the use of three (3) parking spaces within the Project adjacent to the "Maintenance Area" described in the Landscape Maintenance Agreement for use of the public for access to the Creek Trail Easement Area. This section of this Declaration may not be amended or changed without prior written approval of the City as authorized by the City Manager. 2.9. All Easements Part of Common Plan: Whenever any easements are reserved or created or are to be reserved or created in this Declaration, such easements shall constitute equitable servitudes for the mutual benefit of all property in the Project, even if only certain Units are specifically mentioned as subject to or benefiting from a particular easement. Easements referred to in this Declaration that are created by grant deeds, subsequent to the date of this Declaration shall be part of the common plan created by this Declaration for the benefit of all property Owners within the Project. ARTICLE III. ASSOCIATION, ADMINISTRATION, MEMBERSHIP AND VOTING RIGHTS 3.1. Association to Manage Common Areas: The management of the Common Area and all improvements therein shall be vested in the Association in accordance with its Bylaws. The Owners of all the Condominiums covenant and agree that the administration of the Project shall be in accordance with the provisions of the Governing Documents. 11 03/06/12 TAWPWIN60TROJECTS1333 MAIN STREETIDEC - DRAFTING FORM[7][03 06 I2].doc