13.6 1V~aintenance Repair Replacement and Reconstruction. Each Unit, and
<br />the rights of the Owners and Occupants thereof, and the Common Elements shall be
<br />subject to and benefited by nonexclusive easements in favor of the Association for the
<br />maintenance, repair, replacement and reconstruction of the Common Elements, the
<br />Dwellings and other improvements located within the Units, and utilities serving the
<br />Units, to the extent necessary to fulfill the Association's obligations under the Governing
<br />Documents. Each Owner shall afford to the Association and its management agents and
<br />employees, access at reasonable times and upon reasonable notice, to and through the
<br />Unit and its Limited Common Elements for maintenance, repair and replacement;
<br />provided that access maybe had without notice and at any time in case of emergency.
<br />13.7 Utilities, Services and Operating_Systems. The Common Elements and
<br />the Units shall be subject to and benefited by nonexclusive easements in favor of the
<br />City, the Association and all utility companies and other service providers for the
<br />installation, use, maintenance, repair and replacement of all utilities, services and
<br />common operating systems, such as natural gas, electricity, cable TV, Internet and other
<br />electronic communications, water, sewer, septic systems, wells, and similar services,
<br />irrigation systems, and other common operating systems, and metering and control
<br />devices, which exist, which are constructed as part of the development of the Property or
<br />the Additional Real Estate, which are approved by the City, which are approved by the
<br />Association under authority contained in the Governing Documents or the Act, or which
<br />are described or referred to in the Plat, this Declaration or other recorded instruments.
<br />Each Unit, and the rights of the Owners and Occupants thereof, shall also be subject to
<br />and benefited by a nonexclusive easement in favor of the other Units, the Common
<br />Elements and the Association for all such utilities, service and systems.
<br />13.8 Emer ency Access to Units. In case of emergency, all Units and Limited
<br />Common Elements are subject to an easement, without notice and at any time, in favor of
<br />fire, police or other public health or safety personnel.
<br />13.9 Other Easements. The Property shall be subject to such other easements
<br />as may be authorized by the Association under authority contained in the Governing
<br />Documents or the Act or recorded against the Property by reason of the City's
<br />requirements in connection with the development of the Property.
<br />13.10 Continuation. Scope and Conflict of Easements. The easements set forth
<br />in this Section (i) shall run with the land and shall be appurtenant to the benefited
<br />Property, (ii) shall supplement and not limit any easements described elsewhere in this
<br />Declaration, or otherwise recorded, (iii) shall be permanent, subject only to termination in
<br />accordance with the terms of the easement, and (iv) shall include reasonable access to the
<br />easement areas over and through the Property for purposes of construction, maintenance,
<br />repair, replacement and reconstruction. Notwithstanding anything in this Declaration to
<br />the contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit
<br />or the right to utility services thereto.
<br />24
<br />
|