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pf_02229
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Last modified
7/17/2007 11:45:32 AM
Creation date
12/8/2004 10:53:52 AM
Metadata
Fields
Template:
Planning Files
Planning Files - Planning File #
2229
Planning Files - Type
Planned Unit Development
Address
2400 DALE ST N
Applicant
ROTTLUND COMPANY, INC.
Status
APPROVED
PIN
122923320002
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<br />the Property shall be subject to and burdened with utility easements for <br />underground general utility purposes over the specified portions of the <br />Property described in Exhibit C running in favor of the Owners of Lots, the <br />Association and any and all public authorities or utility companies <br />maintaining or operating any utility facilities upon such easement areas. <br />Such utility purposes shall include, but not be limited to, sewer, water, gas, <br />electrical, telephone and cable television purposes, including the right to <br />build, construct, reconstruct, rebuild, repair, maintain and operate <br />underground sewer, water, electrical mains and telephone or television cables, <br />and any surface connections to such underground mains, along with the right to <br />enter upon, and open the ground for such purposes providing that all such <br />openings shall be filled and the surface restored to its former condition. <br /> <br />Section 5. Priority. The utility easements described hereinabove in <br />Section 4,- are and shall continue to be superior to the driveway and private <br />yard easements described hereinabove in Sections 2 and 3; provided, however, <br />in the event that it shall be necessary to install, repair or maintain any <br />utility facilities crossing any Semi-Private Driveway or Private Yard Area, <br />such repairs and maintenance shall be undertaken so as to cause, to the extent <br />practicable, minimal interference with the use of such areas, and any and all <br />damage to the driveway, driveway apron surfaces, walkway or yard areas shall <br />be repaired and the surface fully restored. <br /> <br />Section 6. Easements PerDetual and Appurtenant. The easements described <br />herein shall be perpetual in duration and shall be appurtenant to the Lots <br />which are burdened and benefited by such easements. <br /> <br />Section 7. Easement Ri2hts of Association. Notwithstanding anything <br />herein to the apparent contrary, all the easements created herein which run in <br />favor of the Association may only be used by the Association in connection <br />with the exercise of those rights and obligations of the Association which are <br />more fully described elsewhere in this Declaration. <br /> <br />ARTICLE IX <br /> <br />INSURANCE AND RECONSTRUCTION <br /> <br />Section 1. Maintenance of Insurance. Any Owner of any improved Lot, by <br />virtue of his or her acceptance of an interest therein, whether or not <br />expressed, covenants to carry, maintain and timely pay the premium or premiums <br />on a policy of fire, extended coverage, vandalism, and malicious mischief with <br />all risk endorsement insurance. Said insurance shall be in an amount which is <br />sufficient to cover the full replacement cost of the improvements located on <br />each such Lot without deduction for depreciation or co-insurance. Said <br />insurance shall be in the form and shall be issued by an insurer reasonably <br />satisfactory to the Association, shall be issued in the name of the <br />Association as insurance trustee for the owner, and shall provide that losses <br />shall be payable to the Association as trustee and the mortgagee of record of <br /> <br />-15- <br />
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