.., ,
<br /> ." � � .
<br /> . . �
<br /> septic syste s, wells, and similar services, fire control systems and other common operating -
<br /> systems, an metering and contro! devices, which exist, which are constructed as part of the �
<br /> Property,w ich are approved by the City,which are approved by the Association under authority
<br /> contained in the Governing Documents or the Act, or which are described or referred to in the
<br /> Plat, this D laration, or other recarded instruments. Each Unit, and the rights of the Owners
<br /> and Occupa�hts thereof, shall also be se�bject to and benefited by a non-exclusive easement in
<br /> favor of the-ather Units, the Common Elements, and the Association for alI such utilities, "-"-
<br /> services, fir control systems, and other common operating systems. Utilities and related
<br /> services or s stems shall be installed, used, maintained, and repaired sa as no# to interfere with ,
<br /> the use and uiet enjoyment of the Units by the Owners and Occupants, nor affect the structura!
<br /> . or architectu al integrity of a Bvilding, the Units,or the Common£]ement improvements. �
<br /> .
<br /> 12.2 , Encroachments. Each Unit and the Common Elements, and the rights of the �
<br /> \
<br /> Owners and Occupants therein, shal! be subject to a nonexclusive easement in favor of the �
<br /> adjoining U its for encroachments caused by the construction, reconstruction, repair, shifting,
<br /> settlement, r 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 /> encroachme t upon another Unit or the Common Elements as a result of any of the
<br /> aforementio ed causes,an easement shall exist for the encraachment, for the use,enjoyment, and
<br /> habitation o any encroaching Unit or improvements, and for .the maintenance thereof.
<br /> Improvemen s ar alterations added pursuant to Section 7.13 shall be limited to minor
<br /> � encroachme ts, and na easement shall exist unless the proposed improvements or alterations
<br /> have been a proved and constructed as required by this Declaration, Such easements shall ;
<br /> continue for s long as the encroachment exists and shall not affect the marketability of title.
<br /> 12.3 I Stnactural Suppon Easements. Each Unit and the Common Elements shall be
<br /> subject to a d be the beneficiary of nonexclusive easements for structural support in all walfs,
<br /> columns, joi ts, girders, and other structural components located in or passing through another
<br /> Unit 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 poRions of the Common
<br /> Elements de ignated for use as driveways or walkways, as originally constructed, shown on tfie
<br /> Plat, or othe ise designated by the Association, subject to any restrictions authorized by the
<br /> Governing ocuments or the Rules and Regulations. The right of access of ihe Owners and
<br /> Occupants, a d their invitees, to and from the roadway to the west of the Property, commonly �;
<br /> known as Ca cade Lane, is set forth in that certain Declaratian of Easements (Roadway Access)
<br /> recorded in he office of the County Recorder in and for Hennepin Counry, Minnesota, as
<br /> Document N . D 7S . Thai Declaration of Easements also seis forth the obligation of the
<br /> Association share in the costs of maintaining, repairing, and replacing the portion of Cascade
<br /> Lane over w ich that righ#of access is�ranted.
<br /> L 2.5 Inst�ection, Maintenance, Repair, Replacement, and Reconstruction. Each Unit,
<br /> and the righ of the Owners and Occupants thereof, and the Common Elements and Limited
<br /> Common E1e�ment, shall be subject to and benefited by the nonexclusive easements in favor of
<br /> the Associat�an, its agents, and Declarant for the maintenance, repair, replacement, and
<br /> reconstructio of the Common Elements, the Units, and other improvements located within the
<br /> MPLS-Word 9526I l I 28
<br /> �
<br /> I
<br /> I
<br />
|