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i '- ' <br /> � . • i <br /> I <br /> septic systems, wel]s, and similar services, fire conirol systems and other common operating - <br /> systems, and metering and contral devices, which exist, which are constructed as part of the � <br /> Properry,which are approved by the City,which are approved by the Association under authority <br /> contained in the Governing Dacuments or the Act, or which are described or referred to in the <br /> Plat, this Declaration, or other recarded instruments. Each Unit, and the rights of the Owners <br /> and Occupants there�f, sha?1 also be s�sbject ta and benefited by a non-excl�sive easement in <br /> favar of the other t}nits, the Common Elernents, and the Assaciation for a]I such utilities, �-�" <br /> services, fire control systems, and other common operating systems. Uti]ities 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 Building, the Units,or the Common£lement improvements. � <br /> . <br /> 12.2 Encroachments. Each Unit and the Common Elements, and the rights of the ��` <br /> Owners and Occupants therein, sha]! be subject to 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 /> Irnpravements or alterations added pursuant to Section 7.]3 shall be limited to minor <br /> � encroachments, and no easemeni shall exist unless Ehe proposed improvements 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 /> Unit or other parts of a Building,or shared with an adjoining Unit or the Common Elements. <br /> 12.4 Access. Each Unii 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 otherwise 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 wesi 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. Q 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 Cascade <br /> Lane over which that right of access is granted. <br /> 12.5 Inst�ection, Maintenance, Repair, Replacement and Reconstruction. Each Unit, <br /> and the rights of the Owners and Occupants thereof, and ihe Common Elements and Limited <br /> Common Element, sha]t be subject to and benefited by the nonexclusive easements in favor of <br /> the Association, its agents, and Declarant for the maintenance, repair, repiacement, and <br /> reconstruction of the Common Elements, the Units, and other improvements located within #he <br /> M PL.S-W ord 952R L l I 2 g <br /> � <br /> I <br />