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7.1.G. - Page 45
<br /> 1.7 Project. "Project"means and refers to the Property above described, including all
<br /> structures and improvements erected or to be erected thereon.
<br /> 1.8 Project Documents. "Project Documents" means this Declaration, as amended from time
<br /> to time, the exhibits, if any, attached thereto, together with the basic documents used to create and govern
<br /> the project, including the Map.
<br /> ARTICLE 11
<br /> Description of Project, and Creation of Property Rights
<br /> 2.1 Description of Project: The Project consists of the real property and all other
<br /> improvements located thereon. Declarant has constructed or will construct upon the Property a five (5)
<br /> residential lot project which will include the Easement[as described below, §2.2] located on reciprocal
<br /> easements across Lots 1,2, 3, and 4 providing access to the lots 2, 3, 4, and 5 from Valota Road,as
<br /> shown on the Map and Exhibit B.
<br /> 2.2 Easements: Each of lots 1, 2, 3, 4, and 5 shall have appurtenant to it, as the dominate
<br /> tenement, an easement over each of the other Lots as the servient tenement over the"PRIVATE
<br /> INGRESS/EGRESS EASEMENT"as shown on the Map and Exhibit B (the "Easement"), for ingress and
<br /> egress, and for purposes of fulfilling each owner's obligations to repair, replace and maintain his or her lot
<br /> and the Utility Facilities [defined below, §3.1].
<br /> 2.3 Easements to Accompany Conveyance of Lot: Easements that benefit or burden any Lot
<br /> shall be appurtenant to that Lot and shall automatically accompany the conveyance of the Lot, even
<br /> though the description and the instrument of conveyance may refer only to the fee title to the Lot.
<br /> 2.4 Other Easements: Each Lot is subject to all easements, dedications, and rights of way
<br /> granted or reserved in, on, over and under the Property as shown on the Map.
<br /> 2.5 Rights of Entry and Use: The Lots shall be subject to the following rights of entry and
<br /> use: (a)The rights of the Owners and the Declarant to install, maintain, repair, or replace Utility Facilities
<br /> as described in Article III; and (b)The rights of the Declarant during the construction period as described
<br /> in section 5.6.
<br /> ARTICLE III
<br /> Utilities;Easements
<br /> 3.1 Owners' Rights and Duties: The rights and duties of the Owners of the Lots within the
<br /> Project with respect to the Easement,the Concrete Drainage Channel,the Storm Drain Easement,
<br /> sanitary sewer, storm sewer,water drainage, electric, gas, television receiving, telephone equipment, and
<br /> cables and lines, (hereinafter referred to, collectively, as "Utility Facilities")shall be as follows:
<br /> A. Whenever Utility Facilities are installed within the Project,which Utility Facilities or
<br /> any portion thereof lie in or upon a Lot owned by other than the owner of a Lot served by said Utility
<br /> Facilities,the owner of any Lot served by said Utility Facilities shall have the right of reasonable access for
<br /> themselves or for utility companies to repair, replace and maintain said Utility Facilities as and when
<br /> necessary.
<br /> B. Whenever Utility Facilities are installed within the Project, which Utility Facilities
<br /> serve more than one (1) Lot, the owner of each Lot served by said Utility Facilities shall be entitled to the
<br /> full use and enjoyment of such portions of said Utility Facilities as service his Lot.
<br /> C. In the event of a dispute between owners with respect to the repair, replacement,
<br /> or maintenance of the Utility Facilities, or with respect to the sharing of the cost thereof,then, upon written
<br /> request of one (1)owner addressed to the other owners,the matter will be submitted to binding arbitration
<br /> as provided in Article V, Section 5.11.
<br /> DECLARATION OF COVENANTS,CONDITIONS&RESTRICTIONS-1410 VALOTA ROAD
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