|
easements, covenants, conditions and restrictions of record; and (vi) any exceptions which would
<br />be apparent from a survey or physical inspection of the property in question.
<br />4.4 Limitations on Rights and Easements. The easements and other rights of the
<br />Members, Owners and Occupants with respect to the Master Common Elements shall be subject
<br />to the obligations, conditions and restrictions described in this Master Declaration, all of which
<br />shall be appurtenant to and pass with the title to each Unit.
<br />SECTION 5
<br />EASEMENTS
<br />The following appurtenant easements and rights are hereby granted or reserved, as
<br />applicable, over, under and across the Property.
<br />5.1 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access
<br />to and from a public roadway on and across those portions of the Master Common Elements or
<br />Neighborhood Property designed for use as roadways, alleys, trails or walkways, as originally
<br />constructed, or otherwise designated by the Master Association, subject to any restrictions
<br />authorized by the Master Governing Documents.
<br />5.2 Use and Enjoyment. Each Unit shall be the beneficiary of nonexclusive
<br />easements for use and enjoyment on and across the Master Common Elements, subject to any
<br />restrictions authorized by the Master Governing Documents.
<br />5.3 Utilities, Services and Operating Systems. The Master Common Elements, the
<br />Units and other Neighborhood Property shall be subject to and benefited by nonexclusive
<br />easements in favor of applicable governmental authorities, the Master Association and all utility
<br />companies and other service providers for the installation, use, maintenance, repair and
<br />replacement of all utilities, services and common operating systems, such as natural gas,
<br />electricity, telephone, cable TV, internet and other electronic communications, water, sewer, and
<br />similar services, the community irrigation system, water management systems, fire control
<br />systems and other common operating systems, and metering and control devices, that exist, that
<br />are constructed as part of the development of the Property or the Additional Property by
<br />governmental authorities or the Master Developer, that are approved by applicable governmental
<br />authorities, that are approved by the Master Association under authority contained in the Master
<br />Governing Documents or MCIOA, or that are described or referred to in a plat, this Master
<br />Declaration or other recorded instruments. Each Unit, and the rights of the Owners and
<br />Occupants thereof, shall also be subject to and benefited by a non-exclusive easement in favor of
<br />the other Units, the Master Common Elements and the Master Association for all such utilities,
<br />services and systems installed in accordance with the foregoing provision of this Section.
<br />5.4 Drainage. The Master Common Elements, the yard areas of the Units (if
<br />applicable), other Neighborhood Property and the Additional Property (regardless of whether it
<br />is added to the Property), shall be subject to and benefited by nonexclusive easements for surface
<br />water drainage over those parts of the Property and Additional Property which are designed,
<br />improved or graded for such purposes.
<br />12
<br />2190398.v1
<br />
|