2021-03-24 CC Packet - Laserfiche WebLink

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2.3 Use and Enjoyment Easements. Each Unit shall be the beneficiary of appurtenant easements for use and enjoyment on and across the Common Elements, and for use and enjoyment of any Limited Common Elements allocated to the Unit, subject to any restrictions authorized by the Declaration. 2.4 Utility and Maintenance Easements. Each Unit shall be subject to and shall be the beneficiary of appurtenant easements for all services and utilities servicing the Units and the Common Elements, and for maintenance, repair and replacement as described in Section 12. 2.5 Recorded Easements. The Property shall be subject to such other easements as may be recorded against it or otherwise shown on the Plat. 2.6. Easements are Appurtenant. All easements and similar rights burdening or benefitting a Unit or any other part of the Property shall be appurtenant thereto, and shall be permanent, subject only to termination in accordance with the terms of the easement. Any recorded easement benefitting or burdening the Property shall be construed in a manner consistent with, and not in conflict with, the easements created by this Declaration. 2.7 Impairment Prohibited. No person shall materially restrict or impair any easement benefitting or burdening the Property; subject to the Declaration and the right of the Association to impose reasonable Rules and Regulations governing the use of the Property. 2.8 Benefit of Easements. All easements benefitting a Unit shall benefit the Owners and Occupants of the Unit, and their families and guests. However, an Owner who has delegated the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does not have the use and other easement rights in the Property during such delegated occupancy, except as a guest of an Owner or Occupant or in connection with the inspection of the Unit or recovery of possession of the Unit from the Occupant pursuant to law. 2.9 Irrigation System Easement. Each Unit shall be subject to an easement lying over, under and across said Unit, in favor of the Association, for the purpose of construction, reconstruction, use, inspection, maintenance, repair and replacement of the Irrigation System, as defined above. 2.10 Retaining Wall Easement.. Lots 3, 17 and 15 shall be subject to an easement in favor of the Association for the purpose of access to the retaining walls located on or near the rear lot lines, respectively, to inspect, improve, repair, replace and maintain said retaining walls. _____ 6 022818