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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.
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<br /> 219o398.v1
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