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<br /> septic sy�tems, we11s, and similar services, fire cantrol systems and other common opera 'ng •
<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 ander 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 Occvpants thereof, sl:all also�be subject ta and benefited by a non-exclusive easemen in
<br /> favor of the other Units, the Common Elements, and the Assaciation for al3 such utilit es, --"
<br /> services, ,fire control systems, and other common operating systems. Utilities and rel ed
<br /> services �r systems shall be installed, used, maintained, and repaired so as no# to interfere utith
<br /> the use amd quiet enjoyment of the Units by the Owners and Occupants, nor affect the struch�ral
<br /> . or architectural integrity of a Bu'ilding, the Units,or the Common Element improvements. �
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<br /> 12.2 Encroachments. Each Unit and the Common Elements, and the rights.of e �
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<br /> Owners �nd Occupants therein, shali be svbject,to a nonexclusive easement in favor of he
<br /> adjoining Units for encroachments caused by the construction, reconstruction, repair, shifti g,
<br /> settlemen , or movement of any part of ihe Property, for improvements which are added! in •
<br /> complian e with Section ?.13, and nonmaterial inaccuracies in survey. ]f there is 'zn
<br /> encroachrhent upon another Unit or tl�e Common Elements as a result of any of e -
<br /> aforementioned causes,an easement shall exist for the encroachment, for the use,enjoyment, d
<br /> habitation of any encroaching Unit or improvements, and for ,the maintenance ther f.
<br /> lmproverraents or alterations added pursuant to Section 7.]3 shall be limited to mi or
<br /> � encroachr�ents, and no easement shall exist.unless the proposed improvements or alterati ns
<br /> have bee� approved and constructed as required by this Declaration. Such easements s �all �
<br /> continue for as long as the encroachment exists and shall not affect the marketabiliiy of title.
<br /> 12.3 Structural Support Easements_ Each Unit and the Cammon Elements shall be
<br /> subject to and be the beneficiary of nonexclusive easements for stnictural support in all wa Is,
<br /> columns, oists, girders, and other structural components located in or passing through anot er
<br /> Unit or ot�ier 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 acc ss
<br /> to and from public roadways and walkways on and across those poRions of the Comm n �
<br /> Elements designated for use as driveways or walkways, as originally constructed, shown on e
<br /> Piai, or otherwise designated by the Association, subject to any restrictions authorized by e
<br /> Governing Docurnents or the Ru]es and Regulations. The ri�ht of access of ihe Owners a d
<br /> Occupant�, and their invitees, to and from the roadway to the west of the Property, commo ly
<br /> known as�Cascade Lane, is set forth in that ceriain Declaration of Easements (Roadway Acce s)
<br /> recorded in the office of the Counry Recorder in and for Hennepin County, Minnesota,
<br /> Document No. D 75 . That Declaration of Easements also sets forth the obligation of t e
<br /> Association to share in the costs of maintaining, repairing,and replacing the portion of Casca e
<br /> Lane over which that right of access is granted.
<br /> 12,'S _Insnection, Maintenance, Repair Replacement and Reconstruction. Each U it,
<br /> and the rights of the Owners and Occupanfs thereof, and the Common Elements and Limit d
<br /> Common Element, shall be subject to and benefited by the nonexclusive easements in favor f
<br /> the Association, its agents, and Declarant for the maintenance, repair, repiacement, d
<br /> reconstruction of the Common Elements, the Units, and other improvements located wiihin E e
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<br /> MPLS-Word 95261.11 28
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