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02-18-2025 Planning Commission Packet (2)
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02-18-2025 Planning Commission Packet (2)
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2/20/2025 10:05:33 AM
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x Minutes and Agendas
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Agenda
Meeting Date
2/18/2025
Board
Planning Commission
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22 <br />operating systems, such as natural gas, electricity, cable television and other electronic communications, water, <br />sewer, septic systems, wells, and similar services, fire control systems and other common operating systems, and <br />metering and control devices, which exist, which are constructed as part of the development of the Property <br />which are approved by the City, which are approved by the Association under authority contained in the <br />Governing Documents or the Act, or which are described or referred to in the Plat, this Declaration or other <br />recorded instruments. Each Unit, and the rights of the Owners and Tenants thereof, shall also be subject to and <br />benefited by a non-exclusive, easement in favor of the other Units, the Common Elements and the Association <br />for all such utilities, services, fire control systems and other common operating systems. Utilities and related <br />services or systems shall be installed, used, maintained and repaired so as not to interfere with the use and quiet <br />enjoyment of the Units by the Owners and Tenants, nor affect the structural or architectural integrity of the <br />Buildings, Units or any Common Element improvement. Any individual unit that is connected to the city sewer <br />and water system shall have individual meters. <br /> <br />12.7. Emergency Access to Units. In case of emergency, all Units and Limited Common Elements <br />are subject to an easement, without notice and at any time, in favor of the Association for access by the <br />Association’s management agents, and in favor of fire, police or other public safety personnel. <br /> <br />12.8. Project Signs. Declarant and the Association shall have a non-exclusive easement and right to <br />erect and maintain temporary and permanent signs and related monuments identifying the common interest <br />community on the Common Elements and on Units owned by the Declarant. Those parts of the Property on <br />which monument signs or any related decorative improvement is located shall be subject to non-exclusive <br />easements in favor of the Association for the continuing use, maintenance, repair and replacement of said signs <br />and any improvements. <br /> <br />12.9. Declarant’s Easements. The Units and Common Elements are subject to exclusive easements <br />in favor of the Declarant for the exercise of its declarant rights as described in the Governing Documents. <br /> <br />12.10. Other Easements. The Property shall be subject to such other easements as may be recorded <br />against the Property by reason of the City’s requirements in connection with the development of the Property. <br /> <br />12.11. Continuation, Scope and Conflict of Easements. The easements set forth in this Section (i) shall <br />run with the land and shall be appurtenant to the benefited Property; (ii) shall supplement and not limit any <br />easements described elsewhere in this Declaration, or otherwise recorded; (iii) shall be permanent, subject only <br />to termination in accordance with the terms of the easement; and (iv) shall include reasonable access to the <br />easement areas over and through the Property for purposes of construction, maintenance, repair, replacement <br />and reconstruction. <br /> <br />12.12. Non-Interference: Impairment Prohibited. All Persons exercising easement rights shall do so in <br />a reasonable manner so as not to materially interfere with the operation of the Property or damage to the Property <br />and shall be financially liable for all costs of repair of any part of the Property which is damaged by the Person’s <br />exercise of the easement rights. No Person shall impair, obstruct or cause damage to any easement area, or any <br />improvement or equipment installed therein. Notwithstanding anything in this Declaration to the contrary, no <br />Owner or Tenant shall be denied reasonable access to his or her Unit or the right to Utility services thereto. <br /> <br />12.13. Benefit of Easements. All easements benefiting a Unit shall benefit the Owners and Tenants of <br />the Unit, and their guests. However, an Owner who has delegated the right to occupy the Unit to an Tenant or <br />Tenants, whether by a lease or otherwise, does not have the use and other easements rights in the Property during <br />such delegated occupancy, except (i) as a guest of an Owner or Tenant or (ii) in connection with the inspection <br />of the Unit or recovery of possession of the Unit pursuant to law. <br /> <br />SECTION 13 <br />COMPLIANCE AND REMEDIES <br />70
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