|
128
<br /> as Declarant deems to be in the best interests of and proper for the Project, including,but not
<br /> limited to, easements in favor of Declarant, the Association, the Owners, and all their family
<br /> members, guests, invitees and tenants and to various governmental and quasi-governmental
<br /> authorities and agencies and private concerns for the purposes and uses hereinafter specified.
<br /> Section 1. Easements and Cross-Easements on Common Areas
<br /> . Declarant,its designees and the Association,shall have the right to impose upon the Common
<br /> Areas henceforth and from time to time such easements and cross-easements for ingress and
<br /> egress,installation,maintenance,construction and repair of utilities and facilities including,but
<br /> not limited to, electric power, telephone, cable television, master antenna transmission,
<br /> surveillance services, governmental and quasi-governmental purposes, sewer, water, gas,
<br /> drainage,irrigation,storm water management,lighting,television transmission,garbage and waste
<br /> removal,emergency services,pedestrian walking trails or paths and the like as it deems to be in
<br /> the best interests of,and necessary and proper for,the Project or any portion thereof.
<br /> Section 2. Use of Common Areas
<br /> . Subject to any limitation or restriction set forth in this Declaration,Declarant declares that the
<br /> Common Areas are subject to a perpetual nonexclusive easement in favor of Declarant, the
<br /> Association and their designees, the Owners and all their family members, guests, invitees and
<br /> tenants,and appropriate governmental and quasi-governmental agencies to use the Common Areas
<br /> for all proper and normal purposes including,but not limited to,ingress,egress and access for the
<br /> furnishing of services and utilities and for such use of the facilities as the same are reasonably
<br /> intended in accordance with the terms of this Declaration and any Additional Declaration. If
<br /> ingress or egress to any Lot or other portion of the Property is through any Common Area, any
<br /> conveyance or encumbrance of such area is subject to this easement. Any portions of the Common
<br /> Areas on which graves or cemeteries are located are subject the rights of others,if any,to maintain
<br /> and visit such graves or cemeteries as may be provided by applicable laws or regulations.
<br /> Section 3. Right-of-Way Over Roadways
<br /> . Declarant is hereby granted, for the benefit of itself, its agents, employees, lessees, invitees,
<br /> designees, successors and assigns,and grants to the Association,its agents, employees,tenants,
<br /> invitees, designees, successors and assigns, and to each Owner of a Lot,their family members,
<br /> tenants, guests, invitees, successors and assigns, and to each Occupant of a Lot and to all
<br /> governmental and quasi-governmental agencies and service entities having jurisdiction over the
<br /> Property while engaged in their respective functions,a perpetual non-exclusive easement,license,
<br /> right and privilege of passage and use, both pedestrian and vehicular, over and across the
<br /> Roadways for the purpose of providing access, ingress and egress to and from, through and
<br /> between the Property and for the purpose of furnishing services and utilities and for the use of such
<br /> facilities as the same are reasonably intended in accordance with the terms of this Declaration.
<br /> Section 4. Right of the Association and Declarant to Enter Upon the Common Areas and
<br /> Maintenance Areas
<br /> . Declarant hereby reserves for the benefit of itself, its successors in interest and assigns, and
<br /> grants to the Association and all agents, employees or other designees of the Association an
<br /> 35
<br />
|