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2017.04.17 CC Packet
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2017.04.17 CC Packet
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City Council
Document Type
Minutes
Meeting Date
4/17/2017
Meeting Type
Regular
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any part of the Property which is damaged by the Person's exercise of the easement rights. No <br />Person shall impair, obstruct or cause damage to any easement area, or improvements or <br />equipment installed therein. Notwithstanding anything in this Master Declaration to the <br />contrary, no Owner or Occupant shall be denied reasonable access to his or her Unit or the right <br />to utility services thereto. <br />5.12 Benefit of Easements. All easements benefiting a Unit shall benefit the Owners <br />and Occupants of the Unit, and their families and guests. However, an Owner who has delegated <br />the right to occupy the Unit to an Occupant or Occupants, whether by a lease or otherwise, does <br />not have the use and other easements rights in the Property during such delegated occupancy, <br />except (i) as a guest of an Owner or Occupant, or (ii) in connection with the inspection of the <br />Unit or recovery of possession of the Unit pursuant to law. <br />5.13 Restriction on Third Party Easement Grants. No Owner or Neighborhood <br />Association shall grant any easement or similar rights upon any portion of the Property without <br />the prior written approval of (i) the Master Board, and (ii) the Master Developer so long as the <br />Master Developer owns an unsold Unit for sale or has the right to subject Additional Property to <br />this Master Declaration; provided, that such approval shall not be unreasonably withheld if the <br />easement is for a purpose consistent with the Master Governing Documents and does not <br />prejudice the rights of any Person thereunder. <br />5.14 Creation of Additional Easements. The Master Developer hereby reserves the <br />right, in the event that part or all of the Additional Property is not added to the Property, to have, <br />use, create, grant and convey the following easements for the benefit of the Additional Property <br />not added (the "Excluded Property"), for the following purposes and under the following <br />conditions: <br />5.14.1 To connect any utilities, cable TV, data, electronic communication or <br />other service systems or facilities constructed on the Excluded Property to any utilities, <br />cable TV, data, electronic communication or other systems providing services to the <br />Property, including the right to utilize such facilities and services as are located within or <br />serve the Property. <br />5.14.2 To have reasonable access over and under the Property to install, repair, <br />maintain and replace all utilities and related facilities and systems installed on the <br />Excluded Property, and to do such other acts as are necessary to connect with and utilize <br />such services, facilities and systems located on the Property. <br />5.14.3 To have reasonable access to the Excluded Property and to construct and <br />maintain any improvements reasonably necessary to make the access usable. <br />5.14.4 To cause to be recorded against the Property and the Excluded Property <br />such instruments as may be reasonably necessary to create and memorialize any of the <br />foregoing rights and easements. The Master Association and the Neighborhood <br />Associations shall, upon the Master Developer's reasonable request, join in executing any <br />such instruments, and shall otherwise cooperate with the Master Developer in furtherance <br />of the establishment of the rights and easements referred to herein. <br />14 <br />2190398.v1 <br />
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