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2018-03-06 P & Z Packet
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2018-03-06 P & Z Packet
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awards in accordance with the priorities established by the Governing Documents, <br /> as their interests may appear. <br /> 11.3 Notice. All Eligible Mortgagees shall be entitled to receive notice of any <br /> condemnation proceedings or substantial destruction of the Property, and the <br /> Association shall give written notice thereof to an Eligible Mortgagee pursuant to <br /> Section 17. <br /> SECTION 12 <br /> EASEMENTS <br /> 12.1 Easement for Maintenance, Repair, Replacement and Reconstruction. Each <br /> Unit, and the rights of the Owner and Occupants thereof, shall be subject to the <br /> rights of the Association to an exclusive, appurtenant easement on and over the <br /> Units for the purposes of maintenance, repair, replacement and reconstruction of <br /> the Units, and utilities serving the Units, to the extent necessary to fulfill the <br /> Association's obligations under the Governing Documents. <br /> 12.2 Utilities Easements. The Property shall be subject to non-exclusive appurtenant <br /> easements for all utilities, storm sewer, water and sewer, and similar services, <br /> which exist from time to time, as constructed or referred to in the Plat, or as <br /> otherwise described in this Declaration or any other duly recorded instrument. <br /> Each Unit, and the rights of the Owners and Occupants thereof, shall be subject to <br /> a non-exclusive easement in favor of the other Units for all such services, <br /> including without limitations any sewer or water lines servicing other Units. Each <br /> Unit shall also be subject to an exclusive easement in favor of the Association and <br /> all utilities companies providing service to the Units for the installation and <br /> maintenance of utilities metering devices. <br /> 12.3 Declarant's Easements. Declarant shall have and be the beneficiary of <br /> easements for construction and sales activities as described in Section 14. <br /> 12.5 Continuation and Scope of Easements. Notwithstanding anything in this <br /> Declaration to the contrary, in no event shall an Owner or Occupant be denied <br /> reasonable access to his or her Unit or the right to utility services thereto. The <br /> easements set forth in this Section shall supplement and not limit any easements <br /> described elsewhere in this Declaration or recorded, and shall include reasonable <br /> access to the easement areas through the Units and the Common Elements for <br /> purposes of maintenance, repair, replacement and reconstruction. <br /> 27 <br /> 022818 <br />
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