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8F Consent 2021 0907
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8F Consent 2021 0907
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9/17/2021 9:29:38 AM
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9/2/2021 5:22:30 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
9/7/2021
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PERM
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Reso 2021-124 Final Map DR Horton Bay
(Approved)
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\City Clerk\City Council\Resolutions\2021
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<br /> <br />4810-5342-0509, v. 2 <br /> 25 <br /> <br />Association Property by Persons as the Association deems appropriate; and (b) limit the number of Persons <br />using the Association Property. The Association and Declarant shall have the right to temporarily close or <br />restrict access to the Association Property as may be reasonably necessary in connection with the exercise <br />of any Maintenance Obligations or in the event of an Emergency or to exercise any other rights reserved <br />or granted by Declarant or the Association hereunder. <br />3.8.4 Suspend Rights to Use Association Property. All of the easements are <br />subject to the right of the Association, after Notice and Hearing, to temporarily suspend an Owner’s rights <br />as a Member to use the facilities within the Association Property for a period not to exceed sixty (60) days <br />(unless such rights are suspended for failure to pay assessments) pursuant to the terms of the Governing <br />Documents. Notwithstanding anything to the contrary contained herein, in no event shall the Association <br />suspend an Owner’s easement or right of ingress and egress to and from such Owner’s Unit, or such <br />Owner’s easements for utilities servicing such Owner’s Unit. <br />3.8.5 Easements and Dedication. The Association shall have the right without the <br />consent of the Owners to dedicate, transfer or grant easements over all or any part of the Association <br />Property or any interest therein to Governmental Entities or other Person, which dedication, transfer or <br />easements shall be subject to the provisions of this Declaration and such other conditions as the <br />Association deems proper. <br />3.9 Rights of Invitees and Occupants. Notwithstanding any other provisions of this <br />Declaration or the Governing Documents, nothing contained in this Article is intended to grant any third <br />party beneficiary rights or any other rights to an Invitee and Occupant. No Invitee or Occupant shall have <br />any rights under this Article independent of the rights granted to the Association and the Owners under this <br />Declaration. <br />3.10 Assignment of Easements. Any of the easements hereunder reserved by Declarant may <br />be assigned or transferred by Declarant to any Person, without the consent of any Owners or the <br />Association. <br />3.11 Duration of Easements. Except for the rights of Declarant, the easement rights granted <br />under this Declaration shall be for a term and duration coextensive with the Owner’s title or interest in and <br />to a Condominium. Upon conveyance of a Condominium, such rights shall pass to the successor Owner(s) <br />of the Condominium being conveyed. All of the rights reserved to Declarant shall continue so long as <br />Declarant owns any portion of the Property or Annexable Property. <br />3.12 Light, Air and View. No Owner shall have an easement for light, air or view over the <br />Condominium of another Owner or the Association Property, and no diminution of light, air or view by any <br />Improvement now existing or hereafter erected shall entitle an Owner or any Invitee to claim any easement <br />for light, air or view within the Community. <br />3.13 No Separate Conveyance. The interest of each Owner in the use and benefit of the <br />Association Property and all other easements reserved and granted hereunder to each Owner shall be <br />appurtenant to the Condominium owned by the Owner. No Condominium shall be conveyed by the Owner <br />separately from the right to use the portions of the Association Property that are open for access by the <br />Owners and their Invitees in accordance with the Governing Documents. Any conveyance of any <br />Condominium shall automatically transfer the interest in the Owner’s right to use the Association Property <br />as provided in this Declaration and the Governing Documents without the necessity of express reference <br />in the instrument of conveyance. <br />3.14 Delegation of Use. Any Owner entitled to the right of use of the Association Property to <br />the extent provided in this Declaration or the other Governing Documents may delegate such Owner’s rights <br />to the Occupants who reside in such Owner’s Condominium, subject to reasonable regulation by the <br />Association and the Governing Documents. An Owner who has made such a delegation of rights shall not <br />be entitled to use of the Association Property for so long as such delegation remains in effect, other than <br />such access rights as are directly related to the Owner’s rights and duties as landlord. <br />278
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