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8F Consent 2016 0620
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8F Consent 2016 0620
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Last modified
6/5/2019 9:20:36 AM
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6/14/2016 3:56:22 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
6/20/2016
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PERM
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_CC Agenda 2016 0620 CS + RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2016\Packet 2016 0620
Reso 2016-078
(Amended by)
Path:
\City Clerk\City Council\Resolutions\2016
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purposes, for drainage and encroachment purposes, and for <br />ingress to and egress from the Project Easement Area. These <br />easements may be used to complete improvements on or in the <br />Project Easement Area and to perform necessary repair work. <br />These easements shall remain in effect until all of the <br />Lots in the Project have been sold, but in no event more <br />than four years from the date of this Declaration. <br />F. The Association may grant to third parties easements in, <br />on, and over the Project Easement Area for the purpose of <br />constructing, installing, or maintaining necessary <br />utilities and services, and each Lot Owner, in accepting <br />his or her deed to the Lot, expressly consents to these <br />easements. However, no such easement can be granted if it <br />would interfere with any exclusive easement, or with any <br />Owner's use, occupancy, or enjoyment of his or her Lot or <br />any Project Easement appurtenant to the Lot. <br />G. An Owner who has sold his or her Lot to a contract <br />purchaser or who has leased or rented the Lot shall be <br />entitled to delegate his or her rights to use and enjoy the <br />Project Easements to any contract purchaser, tenant, or <br />subtenant who resides in the Owner's Lot, subject to <br />reasonable regulation by the Board. If the Owner makes such <br />a delegation of rights, the Owner and the Owner's family, <br />guests, employees, and invitees shall not be entitled to <br />use and enjoy the Project Easements for so long as the <br />delegation remains effective. <br />H. Each Owner shall be liable to the Association for any <br />damage to the Project Easement Area or to Association -owned <br />property, to the extent that the damage is not covered by <br />insurance, if the damage is sustained because of the <br />negligence, willful misconduct, or unauthorized or improper <br />installment or maintenance of any improvement by the Owner <br />or the Owner's family, guests, tenants, contract <br />purchasers, or invitees. In the case of joint ownership of <br />a Lot, the liability of the co-owners shall be joint and <br />several, unless the co-owners and the Association have <br />agreed in writing to an alternative allocation of <br />liability. <br />Partition <br />Section 2.03. There shall be no judicial partition of the <br />Project or any part of it, nor shall Declarant or any person <br />acquiring an interest in the Project or any part of it seek any <br />judicial partition, except as follows: <br />A. If two or more persons own any Lot as tenants in common <br />or as joint tenants they may maintain a partition action as <br />to their co -tenancy. <br />5 <br />
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