ARTICLE V Easements
Section 5.1 Utility and Drainage Easements. In addition to easements reserved on any plat of the Property or shown by any instrument or record, easements for utilities and drainage are reserved for the Declarant or its assigns, over a five (5) foot wide strip along each side of the side Lot lines, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may. in the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, a utility company, or the Association is responsible.
Section 5.2 Access Easements. The Association also has an easement over all lots for:
- The cleaning, maintenance, repair or replacement of any home or Lot in the event an Owner fails to so maintain as required in Section 7.1 (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in that section).
- The maintenance, repair, replacement, or improvement of any Common Area accessible from the Lot.
- The maintenance, repair, replacement, or improvement of any Septic Systems, as required in Section 7.3
- Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon.
- Cleaning, maintenance, repair, or restoration work which the Owner is required to do but has failed or refused to do
Except in an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Lot Owner.
Section 5.3 Easement for Government Personnel. An easement for access by police, fire, rescue and other government personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties.
Section 5.4 Easement for Home Owners' Association. The Home Owners' Association shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary for or related to the development or maintenance of Eagle Point at American Lake.
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