COVENANTS - ARTICLE VIII - EASEMENTS

1. Utilities. All of the property including Lots and Common Area, shall be subject to perpetual non-exclusive easement or easements in favor of all Owners for their use and the use of their immediate families, guests, invitees, tenants or lessees, for all proper and normal purposes and for ingress and egress and regress and to such easements for water lines, television antenna lines, and other public utilities as shall be established prior to subjecting the property to these Restrictions by the Declarant or its predecessors in title. The Association shall have the power and authority to grant and to establish in, over, upon and across the Common Area conveyed to it such further easements as are requisite for the convenient use and enjoyment of the property.

2. Emergencies. Every Lot and home shall be subject to an easement for entry by the Association or Declarant for the purpose of correcting, repairing or alleviating any emergency condition which arises upon any Lot or within any home and which endangers any building or portion of the Common Area.

3. Utility Management. An easement is hereby established over all Lots and Common Area for the benefit of any applicable private company or public governmental agency for setting, removing and reading of water meters, maintaining and replacing water, sewer and drainage facilities, fire fighting, law enforcement, garbage collection and the delivering of mail.

4. Future Development. An exclusive easement is hereby established in favor of Declarant over all Common Areas for access to adjacent properties for the purposes of future development and the installation of streets and public utilities.

5. Lot Easements. Easements for installation and maintenance of utilities, sewer and drainage facilities are reserved over a minimum of 10 feet from the rear, front and side Lot lines of each Lot, and easements for drainage, sewer and utilities also are reserved as may be shown and designated on the plat of the Subdivision hereinafter referred to.

6. Maintenance. The Declarant shall have no responsibility for maintaining utilities, sewer and drainage easements in connection with any Lots sold. All maintenance shall be the responsibility of the Owner of the Lot on which said easement is located, his heirs, successors and assigns. No structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, sewer or drainage facilities, or which may change the direction of flow of drainage channels in the easements. The easement area of each Lot and all improvements in it shall be maintained continually by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.

7. Drainage. Drainage easements shall be maintained as follows.

(a) Grass shall be kept mowed to a height of no more than four (4) inches.
(b) Repair and reseeding of the drainage easement area, and cleaning of any catch basins located within each drainage easement shall be conducted as necessary.
(c) Inspection shall be conducted by the Association at least every six (6) months to determine compliance with these standards.

 

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