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7.1.L. - Page 58 <br /> 2.3.1 Encroachment Easement. Declarant grants to the Owner of each Condominium and <br /> the Association an easement in favor of the Owner's Condominium or Association Property as the dominant <br /> tenement over any other Condominium or Association Property as the servient tenement for the purpose of <br /> accommodating any encroachment of Improvements that are part of the dominant tenement that encroach <br /> into the servient tenement resulting from the original construction of the Improvements,settlement or shifting <br /> of structures, or construction changes during the course of construction, and any encroachment authorized <br /> under Section 2.7. The extent of the encroachment easement shall be the location of the encroaching <br /> structure as originally constructed by Declarant and such reasonable access to the servient tenement in order <br /> to inspect, maintain, repair and replace the encroaching Improvement. If a structure is partially or totally <br /> destroyed, the structure may be repaired or rebuilt in accordance with the original plans, including the <br /> replacement of any encroaching Improvement. <br /> 2.3.2 Unit Envelope Easements. The Unit envelopes shown on the Condominium Plan <br /> may extend outside the exterior walls of the building structure situated within the envelope. Declarant grants <br /> to the Owner of each Condominium an easement in favor of the Owner's Condominium as the dominant <br /> tenement over each other Condominium as the servient tenement for non-exclusive access and use of any <br /> landscaping,walkways or other Improvements situated within the servient tenement's envelope and outside <br /> the building structure and for the right of agents of the Association to inspect, retain, maintain, repair and/or <br /> replace any landscaping or Improvements situated within the envelope and outside the building structure. <br /> The location of the easements is the location of the landscaping or Improvements installed by or on behalf of <br /> Declarant as a part of the original construction of the Improvements within the Development. <br /> 2.3.3 Association Property Easements. Declarant grants to the Owner of each <br /> Condominium an easement in favor of the Owner's Condominium as the dominant tenement over the <br /> Association Property as the servient tenement for: (i)ingress and egress over the walkways and drive aisles <br /> within the Association Property; (ii)support from the land and Improvements within the Association Property <br /> providing structural support to the dominant tenement, including the podium and structural supports and <br /> columns; (iii) access to and use of(including the right to install, maintain, repair or replace)any utility lines, <br /> cables, wires, pipes, meters or other equipment installed within, on or over the Association Property that <br /> provides utility service to the dominant tenement,including water,electricity,gas,telecommunications,storm <br /> drainage and sanitary sewer services and life safety system; (iv) access to and use of any Exclusive Use <br /> Common Areas appurtenant to the dominant tenement as described in Section 2.9; and (v) access to and <br /> use of the Association Property by Declarant and its contractors, subcontractors and other agents to <br /> construct, maintain and market the Condominiums. <br /> 2.3.4 Maintenance and Repair Easement of Access Rights. Declarant grants to the <br /> Association and each Owner an easement in favor of the Association Property and the Owner's Condominium <br /> as the dominant tenement over each other Condominium as the servient tenement for purposes of providing <br /> the agents of the Association such access as may be necessary to perform the Association's maintenance <br /> and repair duties as described in Section 4.3, including to the extent necessary access to the Unit and <br /> Exclusive Use Common Areas. <br /> 2.4 General Easement Rights. Each easement described in Sections 2.3 shall be subject to, <br /> and construed in accordance with, the following provisions, except as otherwise expressly provided for <br /> elsewhere in this Declaration: (i) the easement shall be appurtenant to the dominant and servient tenements <br /> and any transfer of a dominant or servient tenement automatically transfers the easement appurtenant thereto <br /> regardless of whether the easement is described in the instrument of transfer; (ii) the easement is in <br /> perpetuity unless otherwise terminated by operation of law; (iii) no easement may be modified or relocated <br /> except with the written consent of the Owners of the dominant and servient tenements; (iv) except as <br /> otherwise provided in Article 4, the Owner of the dominant tenement shall maintain the Improvements and <br /> landscaping within any easement that exclusively benefits the dominant tenement; (v) the Owner of the <br /> dominant tenement shall indemnify, defend and hold harmless the Owner of the servient tenement against <br /> any claims, liabilities, damages,judgments or expenses, including reasonable attorneys'fees (collectively, <br /> "Claim"),from any injury or death to any Person or damage to any property that occurs in connection with the <br /> use or maintenance of the easement as a result of any act or omission by the Owner, Occupant or their <br /> Permittee except to the extent the Claim is a covered claim under insurance maintained by the Association <br /> CLSS\51643\927586.5 4 June 16,2014 <br />