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09l�6l2008 13:39 (FA}{}6516802573 P.025l�34 <br />Attachment D <br />and cor�structed as required by this Declaratian. Such easements shall continue for as <br />long as the encroachment exists and shail not affect the marketability of �i�e_ <br />13.5 Draina�e Easements. Tl�e Coznman Elements shall be subject to <br />nonexclusive easements for starm wa#er drai�age over those parts of �e Property which <br />are designed, improved or graded %r such puiposes. <br />13.6 Ma.�tenauce Repair, Replace�nent and Reconstruction. Each Unit, and <br />the rights of fhe Owr�ers and Occupants thereaf, and the Cammon Elements s1aa11 be <br />s�bject to and benefited by nonexclusive easements in favor of the Association for the <br />maintenance, repa�r, replacement and reconstruction of fhe Co�non Elements, the <br />Dwellings and other improvements Iocated witnin the LJnits, and utilities serving the <br />Un�ts, to the extent necessary to fiilfill the Assacia�ian's obligations under the Govemin� <br />Documents. Each �wner shall affard to the Associatian and its rnanagernent agents and <br />emp�oyees, access at reasonable times ar�d upon reasonable notice; to and th�rough the <br />Unit and its Limited Comn�on Eler�ents for maintenance, repair and replacernent; <br />pro�ided that access may b� had without notice a.n� at any time in case of emergency. <br />13.7 Utilities Services and O eratin S stems. The Common Elemen�:s ax�d <br />the Units s�all be subject to and �enefited by noriexclusive easements in favor of the <br />City, the Association and all utility compaaves and other serviee providers foz t�e <br />installatian, use, maintenance, repair a�nd repIaeement of all ut�lities, services and <br />cor�ion operating systezns, such as natural gas, electricity, cable TV, �nternet and other <br />electronic comm�nica�ions, water, sewer, septic s�rstems, we�ls, and similar services, <br />i�igation systems, and ofher cornmon operating systerns, and metering and control <br />devices, wtiich exist, which are constructed as gart af the development of the Property, <br />which �re approved by ihe Cify, which are approved by the A�saciatian under authoriiy <br />contained in the Go�erning Documents or the Act, or wht`ch ate d�scribed or refez-red ta <br />in t.he Plat, this Declaration or other recorded instruments. Each Uuit, ar�d the rights of fihe <br />Owners and Occupauts thereaf, s�all also be subject to and benefited by a nanexclusive <br />easement in favor o#' t�e of�ier UniYs, the Cammon Elements and the Assaciation for a11 <br />such utilities, serviee and sy5tems.. <br />13.8 Erner�ency Access to Units. In case of emergency, all Units and Limited <br />Cammon �lemenis are subject to an easement, withaut notice and at any time, in favar o£ <br />fire, police or ather public health or safety pezsonneL <br />13.9 Other Easements. The Property sha1l be subject to sucl� other easements <br />as may be authorized by the Association under autfiority conta�ned in the Gaverning <br />Dacuments or the Act or recorded against t�� Property by reason af the City's <br />requirer�ents in connection with the develo�ment of the Property. <br />13.10 Contin►�ation Sca e and Conflict of Easements. T�e easements set forth <br />in this Section (i} shail run vc�ith the iand �nc� shall be appurtenant ta the benefited <br />Property, (ii) shall s�pplement and not limit any easements described elsewhere in this. <br />Decla3ra�ion, or other�se recorded, (iii� shaT1 be permanent, subject only to terinin.ation in <br />24 <br />