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: • •. i _ , . . I <br /> � <br /> Units, and the utilities serving the Units, to the exteni necessary for the Association to fulfill its - <br /> obligations under the Governing Documents or for Declarant to investigate or undertake its <br /> warranty Qbligations. Each Owner shall afford to the Association and its management age ts <br /> . and employees, access at reasonable times and upon reasonable notice, to and thrflugh e <br /> Owner's Unit and its Limited Common Elements for inspection, maintenance, repair, a d <br /> - replacement; provided, that access to the Unit and its �,irnited Common Elements may be d <br /> - without nqtice and at any time in case of emergency. ' <br /> 12.6 Public Safetv and Health Access. There are nonexciusive easements in favor of <br /> ' the City and other applicable governmental authorities or agencies as shall frorn time to ti e <br /> have juris�3iction over the Property, on and across drives, walkways, parking areas, and ot er <br /> open spacle areas of the Property for reasonable access to perform such duties related to I w <br /> enforcement, fire protection, life safety, heaith, and sanitation as are reasonably required fr m <br /> time to time. Such easements shall include access through and into the affected Units a d � <br /> Limited Cpmmon Elements in the.case of an emergency. � � <br /> 12.7 Emer�ency Access. In case of emergency or perceived threat to public health r <br /> safety, all Units and Limited Common Elements are subject to an easement in favor of t e <br /> Associatiqn for access, without notice and at any time, by an officer or member of the Board, y <br /> the Assoclation's management agents,or by any public safety personnel. The Board may reqa' e <br /> that an Owner or Occupant leave keys to the Unit with another Owner of the Owner's choice, r <br /> with the Association, and.to advise the Association's management agent or the Board of t e <br /> Locations pf the keys, so as to allow access for emergencies when the Owner or Occupant is <br /> absent frorn the Property for extended periods. <br /> 12.8 Recorded Easements. The Property shall be subject to such other easements � <br /> may be re�orded against it or otherwise shown on the Plat. Any recorded easement benefiting r <br /> burdening'the Property shall be construed in a manner consistent with, and not in conf7ict wi , <br /> the easements created by this Declaration. Such recorded easements include,but are not limit d <br /> to, that certain Declaration of Easements, Restrictions and Covenants for Stonebay recorded n <br /> the office �f the County Rec�rder in and for Hennepin County, Minnesota, on July 29, 2004, s <br /> Document No. 8406752. Pursuant to that Declaration of Easernents, Restrictions and Covenan s, <br /> the �ssociation has the obligation to maintain those unpaved portions of Kelley Parkway lyi g <br /> within the Common Elements. <br /> 12.I�9 Drainage Easements. The Common Elements shall be subject to nonexclusi e <br /> easements for storm water drainage in favor of Ehe Owners and Occupants for reasonable sto <br /> water drainage, and other normal site drainage, over those parts of the Common EEements whi h <br /> may be de�igned, improved,or graded for such purposes. ' <br /> � 12.10 Use and Enjoyment Easements. There are nanexclusive easement� in favor of t e <br /> Owners and Occupants of the Units for use and enjoyment on and across the Common Element , <br /> and for ex�Clusive use and enjoyment of any Limited Common Elements allocated to the Un t, <br /> subject to any restrictions authorized by, or set forth in, the Goveming Documents or the Rul s <br /> and Regulations. . <br /> MPLS-Word 95281.1 I ' 29 <br /> I <br />