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Owner shall have a non-exclusive right and easement appurtenant to the Common
<br />Area and to all Units through each Unit and the Common Area, including Exclusive Use
<br />Common Area, for the support, maintenance and repair of the Common Area, including
<br />Exclusive Use Common Area, and all Units so that the Units, Common Area and
<br />Exclusive Use Common Area can be properly maintained pursuant to this Declaration.
<br />5.3 Utility Maintenance Easement. The rights and duties of the Owners with
<br />respect to Utility Systems shall be as follows: Each Owner shall have the right of
<br />reasonable access over, under and through any Unit and the Common Area, including
<br />Exclusive Use Common Area, to repair, to replace and to generally maintain any Utility
<br />Systems serving such Owner’s Unit, wherever such Utility Systems may be located.
<br />5.4 Encroachment Easements. If any portion of the Common Area
<br />encroaches on any Unit or if any portion of a Unit encroaches on the Common Area
<br />due to engineering errors, errors in original construction, settlement or shifting of
<br />structures, or any other similar cause, a valid easement exists for such encroachment
<br />and for the maintenance of it as long as it remains, and all Units and the Common Area
<br />are made subject to such easements, and the rights and obligations of Owners shall not
<br />be altered in any way by such encroachment; provided, however, that in no event shall
<br />a valid easement for encroachment be created in favor of an Owner or Owners if such
<br />encroachment occurred due to the intentional conduct of such Owner or Owners. In the
<br />event any structure containing a Unit is partially or totally destroyed, and then repaired
<br />or rebuilt and any minor encroachment on the Common Area results, a valid easement
<br />exists for such encroachment and for the maintenance of it as long as it remains, and
<br />all Units and the Common Area are made subject to such easements.
<br />5.5 Power to Grant Easements. The Association, by unanimous vote, shall
<br />have the power to grant and convey in the name of all the Owners as their attorney-in-
<br />fact (or in the name of the Association as to any property to which the Association holds
<br />title) to any Owner or other party easements and rights-of-way in, on, over, or under the
<br />Common Area for the purpose of establishing Exclusive Use Common Area or other
<br />easements and for the purpose of constructing, erecting, operating or maintaining lines,
<br />cables, wires, conduits, or other devices for electricity, cable television, power,
<br />telephone and other purposes, public sewers, storm water drains and pipes, water
<br />systems, sprinkler systems, water, heating and gas lines or pipes, and any similar
<br />public or quasi-public improvements or facilities.
<br />5.6 Easements to Maintain Heating Systems. An easement over and through
<br />the Common Area, including Exclusive Use Common Area, is reserved by Declarant in
<br />favor of each Owner for the purpose of allowing each Owner to maintain, repair or
<br />replace the heating system and hot water heaters exclusively serving such Owner’s
<br />Unit, wherever such heating system and hot water heaters may be located.
<br />5.7 Easements to Maintain Telephone and Cable Television Lines. Any
<br />Owner shall have the right of reasonable access, for himself or herself and for the
<br />telephone or cable company, over and through the Common Area, including Exclusive
<br />Use Common Area, for the purpose of allowing each Owner to install, maintain, repair
<br />- CC&R'S -
<br />84 Oakes Boulevard Condominiums
<br />Printed: September 25, 2018 PAGE 11
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