Section Index

12.1 Association Functions

There is hereby reserved to Declarant and the Association, or their duly authorized agents and representatives, such easements as are necessary to perform the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association.

12.2 Easements Over Common Areas

The Board, on behalf of the Association and all members thereof, shall have authority to grant (in accordance with applicable governmental laws and regulations) utility, road and similar easements, licenses and permits, under, through or over the Common Area, which easements the Board determines are reasonably necessary to the ongoing development and operation of the Project, provided, however, that no easement shall be granted within any Native Growth Protection Area or Native Growth Protection Easement.

12.3 Access to Public Streets

Each Owner and his/her guests and invitees shall have a perpetual, non-exclusive easement across all roadways constructed within the Project, thereby providing access throughout the Project and to public streets.

12.4 Utility Easements

On each Lot, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other governmental rules and regulations for utility installation and maintenance, including but not limited to, underground electric power, telephone, water, sewer, drainage, and accessory equipment, together with the right to enter upon the Lots at all times for said purposes.

12.5 Storm Drainage Easements

A private perpetual, nonexclusive storm drainage easement is hereby granted and conveyed to the Lot Owners and the Association under and upon the exterior five (5) feet adjoining each side and rear boundary line of each Lot and Tract (except for any portion within a Native Growth Protection Area or Native Growth Protection Easement) If the boundary line of any Lot or Tract is altered, the easement shall relocate accordingly The Association shall have the right of ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild an enclosed or open channel storm water conveyance system and/or other drainage facilities under, upon or through the drainage easement, provided, however, that each Lot Owner shall have the explicit responsibility for maintaining the portion of the system located on the Owner's Lot.