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<br /> septic systems, wells, and similar services, fire control systems and oiher common operating -
<br /> systems, and metering and control devices, which exist, which are constructed as part af the �
<br /> Property,which are approved by the City,which are approved by the Association ander authority
<br /> contained in the Governing Documents or the Act, or which are described or referred to in the
<br /> Plat, this Declaration, or other recorded instruments. Each Unit, and the rights of the Owners
<br /> and Occupants thereof, sha!1 also be subject to and benefited by a non=exclusive easement in
<br /> favor of the other t3nits, the Common Elements, and the Assaciation for all such utiIities, "'�
<br /> 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 ,
<br /> the use and quiet enjoyment of the Units by the Owners and Occupants, nor affect the structural
<br /> . or architectural integrity of a Bu'ilding, the Units,or the Common Element improvements. �
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<br /> l2.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��
<br /> Owners and Occupants therein, sha1F be subject ta a nonexclusive easement in favor of the �
<br /> adjoining Units for encroachments caused by the construction, reconstruction, repair, shifting,
<br /> settlement, or movement of any part of the Property, for improvements which are added in --
<br /> compliance with Section 7.13, and nonmaterial inaccuracies in survey. If there is an
<br /> encroachment upon another Unit or the Common Elements as a result of any of the
<br /> aforementioned causes,an easement shal! exist for the encroachment, for the use,enjoyment,and
<br /> habitation of any encroaching Unit or improvements, and for .the maintenance thereof.
<br /> Improvernents or alterations added pursuant to Section 7.13 shall be limited to minor
<br /> � encroachments, and no easemeni shall exist unless the proposed impravements or alterations
<br /> have been approved and constructed as required by this Declaration. Such easements sha11
<br /> continue for as long as the encroachment exists and shall not affect the marketability of title.
<br /> 12.3 Structural Support Easements. Each Unii and the Common Elements shall be
<br /> subject to and be the beneficiary of nonexclusive easements for structural support in aIl walts,
<br /> columns,joists, girders, and other structural components located in or passing through another
<br /> L1nit or other parts of a Building,or shared with an adjoining Unit or the Common Elements.
<br /> 12.4 Access. Each Unit shall be the beneficiary of a nonexclusive easement for access
<br /> to and from public roadways and walkways on and across those portions of the Common
<br /> Elements designated for use as driveways or walkways, as originally constructed, shown on the
<br /> Piat, or oiherwise designated by the Association, subject to any restrictions authorized by the
<br /> Governing Documents or the Rules and Regulations. The right of access of the Owners and
<br /> Occupants, and their invitees, to and from the roadway to the west of the Property, commonly
<br /> known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Access)
<br /> recorded in the office of the County Recorder in and for Hennepin County, Minnesota, as
<br /> Document No. D 75 That Declaration of Easements also sets forth the obligation of the
<br /> Association to share ir► the costs of mainiaining, repairing, and replacing the portion of Cascade
<br /> Lane over which that right of access is�ranted.
<br /> 12.5 lnsvection, Maintenance, Repair, Revlacement and Reconstruction. Each Unit,
<br /> and the rights of the Owners and Occupants thereof, and the Common Elements and Limited
<br /> Common Element, shall be subject to and benefited by the nonexclusive easements in favor of
<br /> the Association, its agents, and Declarant for the maintenance, repair, replacement, and
<br /> reconstruction of the Common Elements, the Units, and other improvements located wiihin Ehe
<br /> MPF,S-Word 95281.11 28
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