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620 Big Island - 22-117-23-31-0032
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93-1785, SUBD
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Project Packet
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purposes, which shall include the right to construct, maintain, <br />repair, reconstruct and use septic tanks, pipes, and other <br />Septic System Improvements thereon. <br />Section 2. Duration and Amendment. All easements herein <br />created are permanent easements appurtenant, running with the <br />land and all such easements herein contained shall at all times <br />inure to the benefit of and be binding upon the respective <br />Owners from time to time of all or any part of the Lots and <br />their respective heirs, successors, personal representatives and <br />assigns. The rights and obligations hereby created shall pass <br />with the title to all and every portion of the Lots. An owner <br />may delegate its rights hereunder to tenants, contract <br />purchasers, invitees and lawful occupants of his Lot. The <br />provisions of this Declaration creating or relating to easements <br />may only be amended by the unanimous written consent of the <br />Owners and mortgage holders of both Lots. <br />Section 3. Construction. The rule of strict construction <br />does not apply to the easements created by this Declaration. <br />This Declaration shall be given a reasonable construction so <br />that the intention of the Declarants to confer a reasonably <br />usable right of enjoyment on the Owners of the Lots is carried <br />out. <br />ARTICLE III <br />COVENANT TO PROVIDE WATER <br />The Owner of Lot 1 hereby covenants, and each successor and <br />assign to such Owner by acceptance of a conveyance of an <br />interest in said Lot 1 shall be deemed to covenant, with the <br />Owner of Lot 2 to undertake to provide to the Owner of Lot 2 <br />water from any functioning well on Lot 1. The Declarants <br />expressly disclaim any intention to create an easement with <br />respect to any such well or waterlines on Lot 1. The Owner of <br />Lot 1 will not be deemed to guarantee the quantity or quality of <br />available water, but only agrees that to the extent that water <br />is available for domestic purposes for Lot 1, the Owner of Lot 1 <br />shall make such water equally available to the Owner of Lot 2. <br />The Owners of the two lots may from time to time agree on the <br />details of any necessary piping or connections to Lot 2. <br />ARTICLE IV <br />OPERATION <br />Section 1. Maintenance. The Owners of the Lots shall <br />jointly undertake the management, maintenance, repair and <br />replacement of the well and waterlines on Lot 1 and of the <br />Septic System Improvements, all as reasonably necessary to <br />maintain the same in good working condition and repair (and to <br />restore earth and sod if disturbed by such activities), but in <br />-3-
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