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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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03-17-2025 - Agenda Packet Planning Commission - PC Packet
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2/12/2026 10:57:21 AM
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Administration
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Agenda Packet Planning Commission
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Planning Commission
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PC Packet
Document Date
3/17/2025
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27 <br />Owners and Tenants thereof, shall also be subject to and benefited by a non-exclusive, easement <br />in favor of the other Units, the Common Elements and the Association for all such utilities, <br />services, fire control systems and other common operating systems. Utilities and related services <br />or systems shall be installed, used, maintained and repaired so as not to interfere with the use and <br />quiet enjoyment of the Units by the Owners and Tenants, nor affect the structural or architectural <br />integrity of the Buildings, Units or any Common Element improvement. <br /> <br />12.7. Emergency Access to Units. In case of emergency, all Units and Limited <br />Common Elements are subject to an easement, without notice and at any time, in favor of the <br />Association for access by the Association’s management agents, and in favor of fire, police or <br />other public safety personnel. <br /> <br />12.8. Project Signs. Declarant and the Association shall have a non-exclusive easement <br />and right to erect and maintain temporary and permanent signs and related monuments <br />identifying the common interest community on the Common Elements and on Units owned by <br />the Declarant. Those parts of the Property on which monument signs or any related decorative <br />improvement is located shall be subject to non-exclusive easements in favor of the Association <br />for the continuing use, maintenance, repair and replacement of said signs and any improvements. <br /> <br />12.9. Declarant’s Easements. The Units and Common Elements are subject to exclusive <br />easements in favor of the Declarant for the exercise of its declarant rights as described in the <br />Governing Documents. <br /> <br />12.10. Other Easements. The Property shall be subject to such other easements as may be <br />recorded against the Property by reason of the City’s requirements in connection with the <br />development of the Property. <br /> <br />12.11. Continuation, Scope and Conflict of Easements. The easements set forth in this <br />Section (i) shall run with the land and shall be appurtenant to the benefited Property; (ii) shall <br />supplement and not limit any easements described elsewhere in this Declaration, or otherwise <br />recorded; (iii) shall be permanent, subject only to termination in accordance with the terms of the <br />easement; and (iv) shall include reasonable access to the easement areas over and through the <br />Property for purposes of construction, maintenance, repair, replacement and reconstruction. <br /> <br />12.12. Non-Interference: Impairment Prohibited. All Persons exercising easement rights <br />shall do so in a reasonable manner so as not to materially interfere with the operation of the <br />Property or damage to the Property and shall be financially liable for all costs of repair of any <br />part of the Property which is damaged by the Person’s exercise of the easement rights. No Person <br />shall impair, obstruct or cause damage to any easement area, or any improvement or equipment <br />installed therein. Notwithstanding anything in this Declaration to the contrary, no Owner or <br />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 <br />and Tenants of the Unit, and their guests. However, an Owner who has delegated the right to <br />occupy the Unit to an Tenant or Tenants, whether by a lease or otherwise, does not have the use <br />and other easements rights in the Property during such delegated occupancy, except (i) as a guest <br />140
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