Section 8.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association.

 

Section 8.2 Easements Over Common Areas. The Board, on behalf of the Association and all members thereof, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project.

 

Section 8.3 Access to Public Streets. Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets.

 

Section 8.4 Utility Easements. On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes.

 

Section 8.5 Storm Drainage and Maintenance Easements. A private perpetual, nonexclusive easement for storm drainage, grading, landscaping and maintenance is hereby granted and conveyed to the Lot Owners and the Association under and upon the exterior five (5) feet adjoining each side and rear boundary line of each Lot and Tract. If the boundary line of any Lot or Tract is altered, the easement shall relocate accordingly. The Association shall have the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild: (i) an enclosed or open channel storm water conveyance system and/or other drainage facilities under, upon or through the drainage easement, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of the system located on the Owner's Lot; and (ii) landscaping, including retaining walls and similar improvements, fencing, and any regrading that the Association deems reasonable to advance the safety, beautification or value of the Project, provided that each Lot Owner shall have the explicit responsibility for maintaining the portion of any such improvements located on the Owner's Lot.

 

Section 8.6 Storm Water Facility Maintenance. The Association is obligated to maintain the Project's storm water facilities according to the following standards (as used hereafter "City" shall refer to the appropriate governing body with jurisdiction over the Project). This paragraph 8.6 shall not be amended or deleted without the express written consent of the City.

 

a) The private Stormwater Facilities on the Project shall be regularly inspected and maintained/repaired in accordance with the standards specified in the City's Construction Standards, as now collectively enacted or hereafter amended, which are incorporated by this reference as if fully set forth herein (the "City Construction Standards").

 

b) The Stormwater Facilities shall be inspected as often as conditions require, but in any event at least once each year. The Association shall, within four weeks after each inspection, maintain/repair the Stormwater Facilities as required by the City Construction Standards. 

 

c) Each element of the Stormwater Facilities shall be inspected whenever the City's Public Works Director ("Director"), in his/her sole discretion, determines that unacceptable conditions exist within or adjoining the Stormwater Facilities. Similarly, the Director, in his/her sole discretion, may require the Association to complete the maintenance/repair of the Stormwater Facilities within a shorter time period than allowed in Section 2, above.

 

d) The Association, in effecting this maintenance/repair, shall restore the Stormwater Facilities to like new condition, or if that is not practical, to an acceptable condition to the extent listed and/or described in the City Construction Standards.

 

Section 8.7 Easements Benefiting Adjacent Parcels. There is hereby reserved to Declarant, and to any entity under the control of, controlled by, or under common control with Declarant (a "Declarant Affiliate"), and their duly authorized agents and contractors, a nonexclusive easement under, through and over the Common Area for underground utilities and for vehicular and pedestrian access, which easement shall benefit of any property that is at any time (whether then or in the future) owned by Declarant or any Declarant Affiliate. Any entity shall be deemed to be "controlling" or "controlled" if it owns or is owned by an entity with twenty percent (20%) or more of the beneficial ownership of such entity, either directly or indirectly.

 

[Top] [Table of Contents]