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<br /> septic systems, wells, and similar services, fire cantrol systems and other common opera ing -
<br /> systems, and metering and control devices, which exist, which are constructed as part of the �
<br /> Property�which are approved by the City,which are approved by the Association under autho 'ty
<br /> containe� 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 O ers
<br /> and Occupants thereof, shall also be subject to and benefi±ed by a non-exclusive easemen in
<br /> favor of the other L3nits, the Common Elements, and the Association for all such utili 'es, '��
<br /> services, fire control systems, and other common operating systems. Utilities and rel ted
<br /> services pr systems shall be installed, used, maintained, and repaired so as no#to interfere ith ,
<br /> the use a�d quiet enjoyment of the Units by the Owners and Occupants, nor affect the struc 'ral
<br /> . or archit ctural integrity of a Ba'ilding, the Units,or the Common Element improvernents. �
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<br /> 12.2 Encroachments. Each Unit and the Commo.n Elements, and the rights.of the �
<br /> Owners and Occupants therein, shall be su6ject„to a nonexclusive easement in favor of the �
<br /> adjoining Units for encroachments caused by the construction, reconstruction, repair, shift ng,
<br /> settlement, or movement of any part of the Property, for improvements which are added in -•
<br /> compliar�ce with Section 7.l3, 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 shall exist for the eneroachment, for the use,enjoyment, d
<br /> habitation of any encroaching Unit or improvements, and for .the maintenance ther of.
<br /> Improverr�ents or alterations added pursuant to Section 7.13 shatl be limited to mi or
<br /> � encroachments, and no easement shall exist unless the proposed improvements or alterati ns
<br /> have bee�n approved and constructed as required by this Declaration. Such easements s all �
<br /> continue for as long as the eneroachment exists and shall not affect the marketability of title.
<br /> 12.3 Stnactural Suppon Easements_ Each Unii and the Common Elements shall be
<br /> subject to and be the beneficiary of nonexclusive easements for structural support in all w lis,
<br /> columns, joists, girders, and other structural components located in or passing through ano her
<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 ac ess
<br /> to and from public raadways and walkways on and across those portions of the Com on
<br /> Elements designated for use as driveways or waikways, as originally constructed, shown on the
<br /> Piai, or oiherwise designated by the Association, subject to any restrictions authorized by the
<br /> Governing Documents or the Rules and Re�ulations. The right of access of the Owners nd
<br /> Occupants, and their invitees, to and from the roadway to the west of the Property, commqnly
<br /> known as Cascade Lane, is set forth in that certain Declaration of Easements (Roadway Acc ss)
<br /> recorded in the office of the Counry 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 in the costs of maintaining, repairing, and replacing the portion of Casc de
<br /> Lane over which that right of access is�ranted.
<br /> ` 1�.5 Insnection, Maintenance, Repair, Replacement and Reconstruction. Each � it,
<br /> and the rights of the Owners and Occupanfs thereof, and the Common Elements and Lim ted
<br /> Common Element, shall be subject to and benefited by the nonexclusive easements in favo of
<br /> the Association, its agents, and Declarant for the maintenance, repair, repiacement, d
<br /> reconstruction of the Common Elements, the Units, and other improvements lacated within the
<br /> MPLS-Word�52$L 11 28
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