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<br />4810-5342-0509, v. 2
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<br />the Condominium Plan or the deed to the Owner’s Condominium as being an Exclusive Use Easement
<br />Area appurtenant to such Condominium for the purposes described in the Condominium Plan or the deed.
<br />3.4.4 City License. The City shall have a license and right of entry to enforce the
<br />terms of the City’s graffiti removal program.
<br />3.5 Encroachment Easements. Declarant hereby reserves to itself and grants to each Owner
<br />and to the Association non-exclusive easements over, under, across and through the Property, for
<br />encroachment, support, maintenance, repair, occupancy and use of such portions of the Units and/or
<br />Association Property as are encroached upon, used or occupied as a result of any original construction
<br />design, accretion, erosion, addition, deterioration, decay, errors in original construction, movement,
<br />settlement, shifting or subsidence of any building, structure, or other improvements or any portion thereof,
<br />or any other cause. In the event any portion of the Property is partially or totally destroyed, the
<br />encroachment easement shall exist for any replacement structure that is rebuilt pursuant to the original
<br />construction design. The easement for the maintenance of the encroaching improvement shall exist for as
<br />long as the encroachments exists; provided, however, that no valid easement of encroachment shall be
<br />created due to the willful misconduct of the Association or any Owner. Any easement of encroachment
<br />may, but need not be, cured by repair and restoration of the structure.
<br />3.5.1 Structural Support. Declarant hereby reserves to itself and grants to each
<br />Owner and to the Association, non-exclusive easements and rights in and to all supporting components
<br />within and upon the Condominium Buildings and other portions of the Community, for structural support of
<br />the Improvements situated therein. Such non-exclusive easements shall not be deemed to create any
<br />rights for Owners to attach Improvements to the exterior of the Condominium Buildings.
<br />3.6 Drainage and Utility Easements.
<br />3.6.1 Easements for Drainage and Runoff. Declarant hereby reserves to itself and
<br />grants to each Owner and to the Association, non-exclusive easements for drainage through the
<br />established system of drainage pipes and facilities over, through, under and across the Units and the
<br />Association Property. Such easements shall be subject to the restrictions set forth in Section 2.15
<br />(Drainage).
<br />3.6.2 Utilities. Declarant hereby reserves to itself and grants to the Association, non-
<br />exclusive easements over, under, across and through the Property for the maintenance, repair and
<br />replacement of the Utility Facilities serving the Association Property pursuant to this Declaration. Declarant
<br />hereby grants to each Owner, non-exclusive easements over, under, across and through the Property for
<br />the use, maintenance, repair and replacement of the Utility Facilities exclusively servicing such Owner’s
<br />Unit pursuant to this Declaration.
<br />3.7 Declarant’s Easements and Rights.
<br />3.7.1 Maintenance and Repair. Declarant hereby reserves to itself non-exclusive
<br />easements over, under, through and across the Property for access by Declarant, its agents, employees
<br />and contractors to perform necessary maintenance or repair of any Improvements or to implement any
<br />warranty provided by Declarant. Such right includes the right of Declarant to enter upon the Property to
<br />perform any work required to be performed pursuant to any of the Community Entitlements, or to cure any
<br />failure of the Association to perform any work required as a condition to the release of any bonds or other
<br />security posted with Governmental Entities or any other obligee and to perform its obligations under any
<br />warranties provided by Declarant to an Owner and/or to exercise any repair rights granted to Declarant
<br />under this Declaration, any warranties or Applicable Laws; provided, however, that nothing contained herein
<br />shall be deemed to impose any obligations on Declarant to cure any failure of the Association to perform
<br />its Maintenance Obligations.
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