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CC_Minutes_2008_0922
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CC_Minutes_2008_0922
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10/28/2008 12:00:07 PM
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10/28/2008 12:00:04 PM
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Roseville City Council
Document Type
Council Minutes
Meeting Date
9/22/2008
Meeting Type
Regular
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Association to hold and distribute for the benefit of the Owners and their mortgage <br />holders, as their interests may appear, in accordance with the Act. <br />SECTION 13 <br />EASEMENTS <br />Each Unit and the Commons Elements, and the rights of the Owners and <br />Occupants therein, shall be subject to the appurtenant easements and rights granted and <br />reserved in this Section 13. <br />13.1 A cess. Each Unit shall be the beneficiary of a nonexclusive easement for <br />access to and from a public roadway on and across those portions of the Common <br />Elements designated for use as roadways or walkways, as originally constructed, shown <br />on the Plat or otherwise designated by the Association, subject to any restrictions <br />authorized by the Governing Documents or the Rules and Regulations. <br />13.2 Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive <br />easements for use and enjoyment on and across the Common Elements, and for use and <br />enjoyment of any Limited Common Elements allocated to the Unit, subject to any <br />restrictions authorized by the Governing Documents. <br />13.3 Structural Support. Each Unit and the Common Elements shall be subject <br />to and the beneficiary of nonexclusive easements for structural support in all walls, <br />columns, joists, girders and other structural components located in or passing through or <br />shared with another Unit or the Common Elements. <br />13.4 Encroachments. Each Unit and the Common Elements, and the rights of <br />the Owners and Occupants therein, shall be subject to nonexclusive easements in favor of <br />the adjoining Units for minor encroachments caused by the construction, reconstruction, <br />repair, shifting, settlement or movement of any part of the Property, and for <br />improvements which are part of the original construction of the Property or which are <br />added in compliance with Section 8. If there is an encroachment upon another Unit or the <br />Common Elements as a result of any of the aforementioned causes, an appurtenant <br />easement shall exist for the encroachment, for the use, enjoyment and habitation of any <br />encroaching improvement, and for the maintenance thereof. However, with respect to <br />improvements or alterations added pursuant to Section 8, no easement shall exist unless <br />the resulting encroachment is minor and the proposed improvements have been approved <br />and constructed as required by this Declaration. Such easements shall continue for as <br />long as the encroachment exists and shall not affect the marketability of title. <br />13.5 Drainage Easements. The Common Elements shall be subject to <br />nonexclusive easements for storm water drainage over those parts of the Property which <br />are designed, improved or graded for such purposes. <br />23 <br />
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